New guideline makes personal protection orders easier

Frequent insults, slander, threats, stalking or harassing family members will now be identified as domestic violence in line with a new judicial guideline issued by China's top court.

Harming family members by freezing or starving them also counts as domestic violence under the guideline, which was released by the Supreme People's Court on Friday.

The guideline on handling personal protection orders will take effect on August 1 and seeks to expand the court's ability to issue protective orders.

Until now, China's Domestic Violence Law has defined domestic violence as the causing of physical, mental or other harm between family members through beating, binding, maiming, the restriction of personal freedom, or frequent verbal abuse or intimidation.

In addition to expanded jurisdiction over personal protection orders, the guideline also encourages greater extrajudicial efforts, including by civil affairs departments, disabled persons' federations and organizations for the elderly, to help victims apply for an order after getting their permission to do so.

"The move is to call for a general strengthening of protection for people in need of help, to protect their health and safety," said Zheng Xuelin, chief judge at the top court's No 1 Civil Division.

Zheng told media that allowing more social organizations to help with personal protection orders was needed because courts have found that many of the old, disabled and seriously ill have difficulties making the applications themselves.

Previously, the Domestic Violence Law stated that close relatives, public security authorities, women's federations, community committees, village committees and rescue stations were permitted to help apply for orders on behalf of those unable to do so themselves, including individuals without the capacity for civil conduct or who faced difficulties applying as a result of the harm they have endured.

To ensure that personal protection orders, which are similar in form to restraining orders issued in other countries, arrive in time to prevent domestic violence, the new guideline also stipulates that the orders can be applied for, reviewed and issued independently.

"This means victims of domestic violence can apply for orders directly from courts, instead of needing to initiate a lawsuit," Zheng explained.

Statistics provided by the Supreme People's Court on Friday showed that 10,917 personal protection orders had been issued by the end of last year, helping prevent domestic violence and also protecting the dignity and health of victims.