DOMESTIC VIOLENCE:the Numbers You May Never Know

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author/ LiDan

 Family Law Team of Guantao Lawfirm,

 Shanghai,China 

a huge step in stopping and preventing domestic violence

On February 27th, 2014, Chinese Supreme Court held a press conference about Judicial Interference in Domestic Violence and ten typical domestic violence cases are reported on the press conference together with some disturbing numbers about domestic violence in China.

As per the Speaker of Supreme Court, domestic violence is now becoming a hot social issue and statistics by some government office has shown, in China, 24.7% of the nation wide families have domestic violence to varying degrees. 

Another statistics prepared by Supreme Court has shown that homicide cases with domestic violence involved have covered approximately 10% of all the homicide cases.

(from http://www.court.gov.cn/xwzx/xwfbh/twzb/140227xwfbh/) 

Domestic violence, in China is no longer only a family and small issue as it used to be considered but a huge social problem which seriously endangers marital and family relation and as a result the stability of the whole society.

 (from http://www.court.gov.cn/xwzx/xwfbh/twzb/140227xwfbh/).

Among the ten typical cases the Supreme Court, 7 cases are either marriage or divorce related and apart from one case about child abuse, women are the victims of the other six domestic violence cases. 

There is only one case about mental violence while the other six are about physical violence. In May, 2008, the Supreme Court publishes Guidelines for The Trial Cases Involving Domestic Violence and in June of the same year, 9 elementary courts are assigned as court for trial for cases involving domestic violence and up till 2011, there exist 73 courts for trial. 

From 2008 when the courts for trial are available, altogether more than 500 personal safety protection orders are issued. 

On August 6th, 2008, the first safety protection order is issued by Chong’an District, Wu Xi, Jiangsu Province, forbidding the husband to beat and threatenthe wife. 

On May 8th, 2010, You Yang County Court in Chong Qing issued a first after divorce protection order, forbidding the respondent to harass, follow, threaten and assault the applicant or/and to have unwelcome contact with the applicant and the minor child. The respondent is forbidden to have any act within 200 meters close to or around applicant’s residential place and work place. The respondent shall obtain the approval from the child when the visitation is exercised and no visitation at applicant’s home is allowed. 

On September 29th, 2013, Huangpu District of Guangzhou from Guangdong province issues a first personal safety protection order during cohabitation. 

On June 1st, 2010, a first personal safety protection order was issued by Yue Ji District Court of Changsha from Hu Nan province for a male applicant. In the well known Kim Li vs Li Yang divorce case, Kim has succeeded in obtaining two personal protection orders again her ex husband Li Yang, which may be the first personal safety protection for a foreigner.

(http://news.sina.com.cn/c/sd/2013-12-18/101429016315.shtml)

there is still a long way to go

Under Chinese law, domestic violence refers to the acts a person commits like beating, tying up, abusing or restricting personal freedom with force and the like which causes harm to a certain extent to his or her family member(s) physically, mentally and etc. 

Constant and continuous domestic violence constitutes mistreatment. No doubt, Chinese has a huge step in stopping and preventing domestic violence with the adoption of personal safety protection order. However, there is still a long way to go.

First, domestic violence is still the skeleton in the closet and the idea to apply for personal safety protection order remains a beautiful wish to those victims especially in those areas where submission to husband is a tradition. Meanwhile, concern exists among the victims what if the application is rejected and what if the application aggravates the violence.

Second, personal safety protection order is still not widely used and most of the orders are about physical violence. Even if 73 courts are available for personal protection order issuing, big cities like Shanghai so far have no such a court for trial.

Third, there exists great difficulty in applying for personal safety protection especially when sexual violence or mental violence is involved. Harm has to be available and evidence for such harm has to be sufficient. That is too harsh.

At last, the court alone can not stop the domestic violence. That needs the whole society’s help. Coalition system needs to be established to stop the domestic violence like convenience should be provided when the victim of domestic violence needs to get her or his injury checked, policeman should keep close eye on domestic violence instead of stepping aside by the reason of domestic business and etc. If the victim’s call can not get an intime and effective response, the actor to a certain extent will get a strong signal from the inaction that he or she may exercise domestic violence without any harmful result.

to face the domestic violence

When domestic violence occurs, victim shall stop the wishful thinking that the other party will change if he or she forgives this time and think about how to collect the evidences qualified for court protection.

Call 110 and let the police come at the spot where violence occurs so that such violence can be recorded and if possible, physical injury shall be checked and evaluated. If the victim suffers minor injury, a criminal offense exists. If no 110 is called, at least take pictures how you suffer from the domestic violence and in Kim Lee vs Li Yang divorce case, Kim has lots of photos to show the injury she has suffered from the violence or record the dialogues.

Written guarantees or promises never to attack will also a solid evidence to prove the existence of the violence.

Filing complaint to the local neighborhood committee for the violence and female victim may also go to the Women’s Federation for help.

Keep the medical records for treatment of injury.

Ask a local lawyer to prepare the application for personal safety protection and divorce complaint later if it is not possible to stop the violence.

Domestic violence is horrible but tolerance of domestic violence is even worse. Thanks to the personal safety protection order, the victims at least see some light from the darkness and we are looking forward more effective measures will be available in the near future by the government to stop the domestic violence.