A personal safety protection order (人身安全保护令) is China's equivalent of a restraining order, created by the Anti-Domestic Violence Law, in force since 2016. A victim of domestic violence, or someone facing a real risk of it, can apply to the people's court; close relatives, police, women's federations and similar bodies can apply on behalf of a victim who cannot. The court must rule within 72 hours, or within 24 hours in urgent cases. An order can prohibit violence, harassment, stalking and contact, and can require the abuser to move out of the shared home. It lasts up to six months and can be extended.
Why it matters
Domestic violence under Chinese law covers physical abuse and psychological abuse, such as frequent insults and threats, and applies between cohabitants as well as spouses. A protection order does not require a divorce case to be filed first. Violating it can lead to fines, detention or, in serious cases, criminal liability. Police can also issue a written warning (告诫书) to an abuser, which is useful evidence later. Evidence of violence also matters for custody and divorce damages.
How it works in practice
A foreign woman in Shenzhen was repeatedly threatened by her Chinese husband, who also damaged her belongings. She called the police, who issued a warning letter. With medical records, photos, chat messages and the warning letter, her lawyer applied for a protection order the next morning; the court granted it within 24 hours, ordering the husband to leave the flat and stay away from her workplace.
Common mistakes
- Believing only physical injuries count; threats and psychological abuse qualify
- Not calling the police, which leaves no official record
- Deleting threatening messages instead of preserving them
- Thinking a divorce must be filed before seeking protection
- Letting the order lapse without applying for an extension when the risk continues