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What if the woman asks for a divorce and the man refuses to leave?
Domestic Violence Act of People's Republic of China (PRC)
Article 23 If a party suffers from domestic violence or faces real danger of domestic violence and applies to the people's court for a personal safety protection order, the people's court shall accept it.
If the party concerned is a person with no capacity for civil conduct or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to coercion, intimidation or other reasons, his close relatives, public security organs, women's federations, residents' committees, villagers' committees and relief management agencies may apply on his behalf.
Twenty-fourth applications for personal safety protection orders shall be made in writing; If it is really difficult to apply in writing, you can apply orally and the people's court will record it.
Twenty-fifth cases of personal safety protection orders shall be under the jurisdiction of the basic people's courts in the place where the applicant or the respondent lives and where domestic violence occurs.
Article 26 A personal safety protection order shall be made by the people's court in the form of a written ruling.
Twenty-seventh issued a personal safety protection order, shall meet the following conditions:
(a) there is a clear respondent;
(2) Having specific requirements;
(three) suffering from domestic violence or facing the real danger of domestic violence.
Article 28 After accepting the application, the people's court shall make a personal safety protection order or reject the application within 72 hours. In case of emergency, it shall be made within twenty-four hours.
Article 29 A personal safety protection order may include the following measures:
(1) Prohibiting the respondent from committing domestic violence;
(2) Prohibiting the respondent from harassing, stalking or contacting the applicant and his close relatives;
(3) Ordering the respondent to move out of the applicant's residence;
(4) Other measures to protect the personal safety of the applicant.
Thirtieth personal safety protection order shall be valid for no more than six months and shall take effect from the date of making it. Before the expiration of the personal safety protection order, the people's court may revoke, change or extend it according to the applicant's application.
Article 31 If the applicant refuses to accept the rejection of the application or the respondent refuses to accept the personal safety protection order, he may apply to the people's court that made the ruling for reconsideration once within five days from the effective date of the ruling. If the people's court makes a personal safety protection order according to law, the execution of the personal safety protection order shall not be stopped during the reconsideration period.
Article 32 After making a personal safety protection order, the people's court shall serve it on the applicant, the respondent, the public security organ, the residents' committee, the villagers' committee and other relevant organizations. Personal safety protection orders shall be executed by the people's courts, with the assistance of public security organs, residents' committees and villagers' committees.
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