China enforces penalties for family violence

Top court underscores importance of personal safety protection order

China's top court has stressed the importance of implementing personal safety protection orders against domestic violence, making it clear that those who violate the orders will be held criminally liable.

While urging courts nationwide to continue fighting crimes involving domestic violence, the Supreme People's Court also jointly issued five influential cases with the All-China Women's Federation on Monday to mark the International Day for the Elimination of Violence Against Women.

In a recent case, a man surnamed Wang was sentenced to eight months in prison for failing to adhere to a personal safety protection order, which is similar to a restraining order issued in the West.

Wang divorced in April 2019 but continued to live with his ex-wife in the same apartment. After he repeatedly assaulted and threatened her, she called the police on Aug 25 last year, leading Wang to be placed under administrative detention for seven days and fined 300 yuan ($41).

The woman also sought the assistance of the local women's federation and approached a local court for a personal safety protection order on Oct 12 that year. After a review, the court soon issued a six-month order, prohibiting Wang from assaulting or intimidating his ex-wife, as well as harassing, following or contacting her and their daughter.

However, Wang continued his atrocities and was found to have beaten the woman and her colleagues on Nov 28 last year. Although the court drew Wang's attention to the personal safety protection order and gave him a warning, he still threatened his ex-wife through WeChat by sending her pictures of knifes and pesticides multiple times from Dec 9 to 12.

His repeated violations constituted the crime of failing to comply with court rulings, and his actions seriously harmed others' personal safety, so he was rightfully held criminally liable with a prison term, according to the court.

"Personal safety protection orders are not empty letters. They are serious judicial decisions that must be respected and implemented once they are made," the top court said on Monday.

It stressed that those who refuse to adhere to such orders are challenging judicial authority and will be severely punished.

It praised the grassroots court for Wang's sentencing, adding "it not only demonstrates our determination to safeguard the dignity and authority of the law, but also ensures that such orders can be a powerful weapon to protect the legitimate rights and interests of victims of domestic violence."

Since its establishment on March 1, 2016, the personal safety protection order system has played an important role in preventing domestic violence, the SPC said, revealing that the issuance rate of such orders has increased year by year.

"Domestic violence, in general, is a repeated and long-term harm, so it is crucial for victims to call police or turn to courts if suffering from the harm," it said.

"Seeking help from local village committees or women's federations is also necessary."

Additionally, the court called on people from all walks of life to further enhance the awareness of anti-domestic violence and take relevant measures, "because family harmony is the cornerstone of social stability and civilization."

Four other domestic violence cases also disclosed on Monday included a man who was sentenced to death for assaulting his wife multiple times and killing her due to his disagreement on divorce.