Under what circumstances can I apply for a personal safety protection order?

According to article 100 of the Civil Procedure Law, the people's court may, upon the application of the other party, order a party to perform certain acts or prohibit a party from doing certain acts in cases where damage other than property damage may be caused by the conduct of one of the parties or other reasons.

In the course of litigation in matrimonial and family cases, the court may make a personal safety protection ruling in order to protect the personal safety of the victim of domestic violence, his children, and certain relatives, and to ensure the normal conduct of the matrimonial litigation procedures. Referring to the "Guidelines for the Trial of Matrimonial Cases Involving Domestic Violence" and the judicial practice of local courts, applications for personal safety protection rulings shall meet the following conditions: 1

the applicant is a victim; 2.There is a clear name, mailing address, or unit of the respondent; 3.There are specific requests and implementations, reasons; 4.

There is some evidence of domestic violence or is under threat of domestic violence.

Evidence for applying for a personal safety protection order may be a photo of the injury, a police report, witness testimony, relevant records of social institutions, a letter of guarantee from the perpetrator, a text message from the perpetrator with threatening content, and so forth. After receiving the application, the people's court shall make a ruling on whether or not to approve it within 48 hours.

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Legal Analysis: A party may apply to the people's court for a personal safety protection order due to domestic violence or the actual danger of domestic violence.

Where a party is a person with no or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to compulsion, intimidation, or other such reasons, their close relatives, public security organs, women's federations, residents' committees, villagers' committees, or aid management bodies may apply on their behalf.

Applications for personal safety protection orders shall be submitted in writing; Where there are truly difficulties in making a written application, the application may be made orally, and the people's court will record it in the record.

After the people's court accepts the application, it shall issue a personal safety protection order or reject the application within 72 hours; If the situation is urgent, it shall be made within 4 hours of 20 state bonds. Legal basis: Article 23 of the "Anti-Domestic Violence Law" provides that where a party applies to a people's court for a personal safety protection order because he has suffered domestic violence or faces a real danger of domestic violence, the people's court shall accept it.

Where a party is a person with no or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to compulsion, intimidation, or other such reasons, their close relatives, public security organs, women's federations, residents' committees, villagers' committees, and institutions for aid management may apply on their behalf.

The injured party in the case of domestic violence may apply for a personal safety protection order. Where parties apply to the people's court for a personal safety protection order because they have suffered domestic violence or face a real threat of domestic violence, the people's court shall accept it.

[Legal basis].

Article 23 of the Anti-Domestic Violence Law of the People's Republic of China Where parties apply to the people's courts for a personal safety protection order because they have suffered domestic violence or face a real threat of domestic violence, the people's courts shall accept it. Where a party is a person with no or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to compulsion, intimidation, or other such reasons, their close relatives, public security organs, women's federations, residents' committees, villagers' committees, or aid management bodies may apply on their behalf. Banquet.

1. What are the requirements for applying for a personal safety protection order?

1. The conditions for applying for a personal safety protection order are as follows:

1) For victims who have been harmed by domestic violence or who have not suffered domestic violence but are expected to continue to suffer domestic violence;

2) The court's review needs to meet the conditions.

2. Legal basis: Article 23 of the Anti-Domestic Violence Law of the People's Republic of China.

Where parties apply to the people's court for a personal safety protection order because they have suffered domestic violence or face a real threat of domestic violence, the people's court shall accept the return to the people's court.

Where the parties are persons with no capacity for civil conduct, persons with limited capacity for civil conduct, or are unable to apply for a personal safety protection order due to compulsion, intimidation, or other such reasons, their close relatives, public security organs, women's federations, residents' committees, villagers' committees, or aid management bodies may apply on their behalf.

Article 27.

The following conditions shall be met when a personal safety protection order is issued:

1) There is a clear respondent;

b) there is a specific request;

3) Having suffered domestic violence or facing a real risk of domestic violence.

II. What is included in the content of the personal safety protection order?

The contents of the personal safety protection order include:

1. The respondent is prohibited from committing domestic violence;

2. Prohibiting the respondent from harassing, stalking, or contacting the applicant and his/her close relatives;

3. Order the respondent to move out of the applicant's residence;

4. Other measures to protect the applicant's personal safety.