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How to deal with harassment during divorce proceedings

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How to deal with harassment during divorce proceedings


        

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  • 2024-06-26 11:01:41

    If the other party harasses or threatens personal safety during the hearing of divorce cases, you can apply for a personal safety protection order after the lawsuit. The writ of habeas corpus, that is, the ruling of habeas corpus, is a civil compulsory measure. It is a civil ruling made by the court to protect the personal safety of the victims of domestic violence, their children and specific relatives, and ensure the normal progress of the proceedings in marriage cases. The main contents of the writ of habeas corpus include prohibiting the respondent from beating and threatening the applicant or his relatives and friends, prohibiting the respondent from harassing and tracking the applicant, and other measures to protect the personal safety of the applicant and his specific relatives. After the issuance of the writ of habeas corpus, the people's court shall supervise the respondent's performance. If the respondent continues to harass the victim, beat or threaten the victim and his relatives, or intimidate the victim to withdraw his lawsuit or abandon his legitimate rights and interests during the period when the personal safety ruling takes effect, the people's court may impose a fine or detention depending on the seriousness of the case. If the case constitutes a crime, it shall be transferred to the public security organ for handling, or the victim shall be informed that he may initiate a criminal private prosecution.
    Legal basis:
    Article 23 of the Anti Domestic Violence Law of the People's Republic of China
    If a party applies to a people's court for an order of personal safety protection because of domestic violence or the real danger of domestic violence, the people's court shall accept the application.
    If the party concerned is a person without or with 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, neighborhood committees, villagers' committees, and relief management agencies may apply on his behalf.
    Article 24 of the Anti Domestic Violence Law of the People's Republic of China
    The applicant's order for personal safety protection shall be submitted in writing; If it is really difficult to apply in writing, an oral application may be made, and the people's court shall record it in writing.

    l***

    2024-06-26 11:01:41

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