The situation
Our client, a Canadian teacher living in Guangzhou with her Chinese husband and their young daughter, contacted us late one evening through a friend. Her husband's controlling behaviour had turned into physical violence over several months, and that week he had threatened to take their daughter away and "make sure she never saw her again". She had been to hospital once and had called the police, who had issued him a written warning. She was frightened, unsure of her rights as a foreigner and worried that leaving the home would count against her.
Under the Anti-Domestic Violence Law, a victim can apply directly to a court for a personal safety protection order. The court must rule within 72 hours, and within 24 hours in urgent cases. Foreign nationals have the same right to apply.
What we did
- Safety first. Before anything legal, we helped her and her daughter move to a friend's apartment and made sure she had the police and emergency contact numbers.
- Assembled the evidence overnight: hospital records, photographs of injuries, the police warning letter, WeChat messages containing threats and a statement from a neighbour who had heard incidents.
- Filed an urgent application the next morning at the basic people's court, asking for orders prohibiting violence, harassment and threats against her and her daughter, requiring the husband to stay away from her temporary residence and the daughter's kindergarten, and prohibiting him from removing the child.
- Attended the hearing with her, with an interpreter present so she could explain events in English and be understood precisely.
The outcome
The court issued the protection order within 24 hours of filing, valid for six months. The court notified the husband and the local police station. There were no further incidents. With her safety secured, we then filed for divorce and custody; the protection order and supporting evidence became important parts of that case. The divorce was later granted, with our client awarded direct custody of her daughter.
If you are in immediate danger, call the police (110) first. You do not need a lawyer to apply for a protection order, but legal help can make the application stronger and faster.
Results depend on the specific facts of each matter; past outcomes do not guarantee similar results.