Domestic violence: Call the police to get an incident report, then apply to court for a protection order — no divorce required and it’s free

43. Domestic violence: Call the police to get an incident report, then apply to court for a protection order — no divorce required and it’s free

Cost: There is no cost at all. Applying for a protection order involves no filing fees or bonds. The only expense is the time needed to call the police, get medical examinations, and fill out the application. The hardest part is actually telling your family about what happened.

In plain terms: Worldwide, over one third of all female homicide victims are killed by their partners — often as a final outcome of long‑term abuse. Among women who have suffered physical abuse, those who have been strangled have a risk of later being murdered that is more than seven times higher than for women who were never strangled. Therefore, if you’ve been beaten, call the police right away and then apply for a protection order. Courts are required to respond within 72 hours.

Benefit: First, the risks. A systematic review of data from 66 countries shows that in cases of female homicide, 38.6 % are committed by intimate partners, compared with 6.3 % for men. Researchers note that such killings often represent the final step in a pattern of prolonged abuse. Another study compared 506 homicide cases and attempted homicides with 427 women who had experienced abuse but survived. Women who had been strangled by a partner had a 6.70‑fold higher chance of surviving an attempted murder (OR 6.70, 95 % CI 3.91–11.49) and a 7.48‑fold higher chance of being killed outright (OR 7.48, 95 % CI 4.53–12.35). Regarding legal protections, victims and their close relatives may call the police, who must intervene promptly, stop the abuse, gather evidence, and help arrange medical care and examinations. In less severe cases, police can issue a warning to the abuser. Any person facing domestic violence or a real threat of it may apply to court for a protection order; the court must decide within 72 hours, or within 24 hours if the situation is urgent. The order can forbid the abuser from using violence, harassing, stalking, or contacting the victim or her relatives, and may even require the abuser to leave the shared residence. Protection orders are valid for up to six months and can be renewed before they expire. No divorce is required to obtain one; the court grants it when it deems abuse “highly likely.” Violating a protection order can result in fines up to 1,000 yuan or detention for up to 15 days; serious breaches may be prosecuted as refusal to comply with a court order. Persistent humiliation, threats, stalking, harassment, and deliberate deprivation of food or warmth also count as domestic violence.

Evidence grade: A

Sources: Standing Committee of the National People's Congress (2015). Anti-Domestic Violence Law (Articles 2, 13, 15, 16, 19, 23, 28, 29, 30, 34). <https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7f9d60889>; Supreme People's Court of China (2022). Provisions on Several Issues Concerning the Application of Law in Handling Personal Safety Protection Order Cases (Fa Interpretation [2022] No. 17, Articles 1, 3, 6, 10, 12). <https://www.court.gov.cn/zixun/xiangqing/366021.html>; Supreme People's Court of China (2016). Reply on relevant procedural issues in personal safety protection order cases (Fashi [2016] No. 15, Items 1 and 2). Reprinted full text by Pingyuan County People's Court <http://qdzy.sdcourt.gov.cn/dzpyfy/393141/393283/1461545/index.html>; Stöckl H et al. (2013). The global prevalence of intimate partner homicide: a systematic review. Lancet. <https://doi.org/10.1016/S0140-6736(13)61030-2>; Glass N et al. (2008). Non-fatal strangulation is an important risk factor for homicide of women. Journal of Emergency Medicine. <https://doi.org/10.1016/j.jemermed.2007.02.065>

Notes: The main beneficiaries are you and your family. The homicide statistics come from foreign studies; China does not publish comparable figures. Collect all relevant evidence: police reports, warning letters, medical examination results, medical records, written promises from the abuser, chat logs, and audio recordings (see Section 41 on recording). You do not need a lawyer to apply for a protection order; most applications are resolved within a few days. If you later wish to seek divorce or compensation, that requires a separate legal proceeding — typically a six‑month trial at minimum, with your own legal fees. Domestic‑violence victims may qualify for free legal aid, and courts can waive, reduce, or defer filing fees. A protection order does not guarantee absolute safety; if you feel immediate danger, call 110 right away. If a victim is too frightened or coerced to apply on her own, close relatives, police, women’s federations, residents’ committees, or villagers’ committees may file on her behalf. If you witness a stranger being abused, simply call 110; do not intervene physically — see Section 10 on handling conflicts by calling police first.