How to apply for a protection order if you are abused by domestic violence?

You can apply for personal safety protection within 6 months before, during or after filing divorce proceedings without paying any fees. According to the decision, the application for personal safety protection should be filed by the victim of domestic violence himself or his guardian. However, when the victim and his guardian are unable to apply on their own due to objective reasons, the victim's close relatives or other organizations (the victim's unit, grassroots organizations, etc.). ) can apply to the court on their behalf. It is best to apply for a writ of habeas corpus in writing; In case of emergency, you can also apply orally. There should be specific facts and reasons when applying, and relevant certificates should be submitted if there is evidence. Such as injury photos, alarm certificates, witness testimony, telephone recordings, short messages, threatening chat records, etc.

What is the meaning of habeas corpus?

1. The "protection order" is the "amulet" of the applicant. In recent years, in all kinds of divorce cases, unbearable domestic violence has become the main reason why women take the initiative to file for divorce, and when they get up the courage to go to court to file for divorce, they are often retaliated by the other party because they are under the same roof. With the right to apply for personal judicial protection, victims who are usually used as emotional catharsis tools by their husbands have a "amulet" to protect their rights from infringement according to law.

2. The "protection order" is the "tightening spell" of the respondent. The writ of habeas corpus came into effect when it was delivered to the respondent, indicating that the victim has been the object of clear protection by the people's court according to law since then, and this protection is "special protection" backed by legal compulsion. If the respondent "relapses", the court may impose an economic fine, take judicial custody, or even pursue criminal responsibility according to law. Therefore, for the respondents, it is a "tight spell" that dare not cross the line.

3. "protection order" is a magic weapon to ensure the smooth trial and execution of cases. It can not only deter the respondent from respecting the applicant's personal rights, prevent the occurrence of unexpected incidents under violence, but also change the punishment of the offender to protect the victim beforehand, thus opening up a new way for the state public power to intervene in the prevention and control of domestic violence. Therefore, the role of "habeas corpus" is worth advocating and introducing into the domestic violence prevention system.

Legal basis: Article 234 of the Criminal Law of People's Republic of China (PRC) intentionally hurts another person's body, and he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.