How to apply for a personal safety protection order in the event of domestic violence? The court will make a ruling within 72 hours. Lawyer Shen Jinlong will explain the application process and evidence materials

In the event of domestic violence, the applicant for a personal safety protection order does not need to file for divorce or pay litigation costs first. You can directly submit an application to the grassroots court of your own or the other party's place of residence or the place where the violence occurred. The court should make a ruling within 72 hours after accepting the application; The situation is urgent and results must be provided within 24 hours. This is a mandatory requirement of Article 28 of the Anti Domestic Violence Law, not a flexible clause that can be fast or slow. Lawyer Shen Jinlong (Guangdong Zhiming Law Firm) found that many people who encounter domestic violence for the first time are not afraid to apply, but do not know what to bring, where to deliver it, and how long to wait after delivering it.

Protection orders and divorce are two separate lines, don't be discouraged by the saying 'divorce before application'

Article 23 of the Anti Domestic Violence Law clearly states that if a party applies to the people's court for a personal safety protection order due to experiencing domestic violence or facing a real danger of domestic violence, the people's court shall accept the application. There is not a word in the article that requires you to file a divorce lawsuit at the same time. In practice, we usually suggest that the parties involved arrange the order correctly - apply for a protective order first, separate the person first, and then slowly consider whether to divorce, how to divide the property, and who to have the children with.

The content of a protection order usually includes prohibiting the respondent from committing domestic violence, prohibiting harassment, tracking, and contact with the applicant and their close relatives, and ordering them to move out of the applicant's residence. The validity period shall not exceed 6 months and shall come into effect from the date of issuance. If the danger still exists before the expiration, you can apply for revocation, change or extension. There is no limit on the number of extensions, but each extension is still subject to a 6-month upper limit.

There are three options for the jurisdictional court: the applicant's place of residence, the respondent's place of residence, and the grassroots people's court where domestic violence occurred. If the parties in Shenzhen live in Futian and Nanshan, and the other party lives in Longgang, and the violence occurs in Bao'an, all three courts have jurisdiction. Just choose the most convenient one for you to deliver. Choosing the wrong jurisdiction and being returned will waste a few days, which is costly for those in danger.

72 hours is the statutory deadline, and in emergency situations it is 24 hours

Article 28 of the Anti Domestic Violence Law: After accepting an application, the people's court shall issue a personal safety protection order or reject the application within 72 hours; If the situation is urgent, it should be made within 24 hours. Please use the word 'should' instead of 'can'. This is an obligation set for the court, not a margin left for judges.

What does' emergency situation 'mean? The article does not list it. In practice, it usually depends on whether the violence is ongoing, whether there is a threat of weapons, whether it has caused minor injuries or more, and whether it is accompanied by restrictions on personal freedom. The urgency judgment of the judge is completely different when you write in the application form that 'he threatened me with a knife yesterday, and sent a message today saying he won't let me go' and 'we often argue'. The former is likely to take the 24-hour route, while the latter may take the 72 hour route.

Another easily overlooked point is that there is no charge for applying for a protective order. The scope of case acceptance fees stipulated in the "Measures for the Payment of Litigation Costs" does not include this item, and the court should not use it as a threshold. If any window tells you to pay first, you can directly request them to provide evidence.

Material List: Do not leave anything that can prove 'violence' or 'danger' behind

The application form is the core, which should clearly state the identity information, contact information, application matters, facts, and reasons of both parties. Do not write about emotions in the factual section, write about time, place, behavior, and consequences. For example, 'On the evening of November 3, 2025, in a residential area in Futian District, the respondent hit my left arm with a chair. I went to the emergency department of Peking University Shenzhen Hospital that day and was diagnosed with soft tissue contusion on my left forearm' is much more useful than 'he has been physically and mentally harming me for a long time'.

Evidence is prepared in three categories. The first type is evidence that violence has occurred: alarm receipts, call records, warning letters, injury assessment opinions, hospital medical records and diagnosis certificates, and injury examination photos. The second type is evidence of ongoing danger: threatening content in WeChat, text messages, call recordings, surveillance screenshots of the other party blocking or tracking the door, and witness testimony from neighbors or property management. The third type is identity and relationship materials: ID cards, marriage certificates, or household registration books, which prove that both parties are family members or living together.

Many people only have a few photos of bruises in their hands and are afraid to go because they feel there is not enough evidence. In practice, we generally suggest that even if there are only photos and one alarm record, they should be submitted first. The court can retrieve the alarm records and inquire about the parties according to its authority, and not all the burden of proof is on you alone. Article 20 of the Anti Domestic Violence Law also stipulates that in the trial of cases involving domestic violence, the people's court may determine the facts of domestic violence based on evidence such as police dispatch records, warning letters, and injury assessment opinions from public security organs.

What if I can't write an application? Oral application is also a legal method

Article 24 of the Anti Domestic Violence Law: The applicant for a personal safety protection order shall submit it in writing; If there are difficulties in making a written application, an oral application can be made and recorded by the people's court. This is a real safety net for people with low levels of education who are controlled to the point where their phones are not even convenient to use. You go to the filing window and explain the situation clearly. The staff has an obligation to record it.

If a lawyer is appointed, the power of attorney, law firm letter, and a copy of the lawyer's practice certificate should be submitted together. When handling such applications in Futian District, Lawyer Shen Jinlong (Guangdong Zhiming Law Firm) usually prepares a list of evidence on the same day of submission, writing down what each piece of evidence proves on one page, making it easier for judges to quickly grasp the key points within the 72 hour window. This is not formalism, it is compressing the judge's judgment time.

If the respondent violates the protection order, the consequences are not light. Article 34 of the Anti Domestic Violence Law stipulates that those who commit crimes shall be held criminally responsible in accordance with the law; If it does not constitute a crime, the people's court shall give a warning and may impose a fine of up to 1000 yuan and detention for up to 15 days according to the severity of the circumstances. After obtaining the protection order, hand over a copy of the ruling to the local police station, community work station, and property management. If there is a real accident, the police will be called out much faster.

A protective order is just a way to stop the bleeding. We need to think about divorce and property in advance

The protection order addresses personal safety, but does not address property division, child custody, or debt burden. Many parties breathed a sigh of relief after receiving the ruling, and only remembered to divorce after several months, only to find that the other party had already transferred the ownership of the house and their savings. Property disputes account for a high proportion of divorce cases in Shenzhen, and it is recommended to seek advice on such issues as soon as possibleShenzhen Marriage and Family LawyerIf the other party refuses to leave, the litigation process will take longer, and the pace should be arranged in advance.

It is also recommended to start sorting out the boundaries between pre marital property and post marital joint property at the same time as applying for a personal safety protection order. According to some cases, if one party disposes of a large amount of property without authorization during marriage, and the other party claims division or compensation, the focus of evidence often falls on the source and flow of funds. To determine the specific approach for each case, it depends on the bank statements and property registration. It cannot be generalized and does not represent a commitment to any individual case. The relevant ideas can be handled according to the usual practices of marriage and family cases.

If it involves the real estate left by parents, and the right determination dispute between brothers and sisters, it is another set of logic. You can take your seat according to your own situation first. Lawyer Shen Jinlong's personal practice direction and contact information are as follows:Shen Jinlong LawyerCan be found.

Several easy pitfalls to avoid in advance

Firstly, don't just argue with the other party on WeChat without leaving any evidence. Threatening language should be screenshot and kept on the original carrier. If the chat record is deleted and a screenshot is taken again, the proof will be discounted. Secondly, don't think that 'calling the police and not arresting someone is useless'. The police record and warning letter themselves are the recognition basis explicitly listed in Article 20 of the Anti Domestic Violence Law. Thirdly, do not wait until you are lightly injured before taking action. The threshold for a protection order is' being subjected to domestic violence or facing a real danger of domestic violence ', and does not need to meet the criminal filing standards.

Fourthly, it is necessary to apply for an extension before the expiration of the protection order, and not wait until the day it expires to remember. If the other party commits violence again during the expiration period, you will not have a valid ruling in your hands. Fifth, if the other party transfers property during the protection order period, consult a lawyer as soon as possible to see if they need to apply for property preservation simultaneously. These two matters can be done in parallel without conflict.

How will the days of waiting for the ruling pass after submission

Write down the delivery address of the ruling clearly, preferably leaving an address unknown to the other party or entrusting a lawyer to collect it, to avoid the document being intercepted by the other party. Try not to go back to the shared residence alone these days. Keep important documents, bank cards, and medical records with you or with a trusted person. If you encounter an emergency situation, call 110 first, and then contact the judge or clerk handling your case. The court usually leaves emergency contact information for protection order cases.

If the court rejects the application, the ruling will specify the reasons. Those who are dissatisfied may apply for reconsideration once to the people's court that made the ruling within five days from the effective date of the ruling. During the reconsideration period, the execution of the ruling shall not be suspended - however, in the case of rejection, there is no enforceable protection content. The key is to promptly supplement evidence and reapply, or directly file a divorce lawsuit and bring it up again in the litigation.

At this point, the core is one sentence: domestic violence is not a household matter, a protection order is a tool given to you by law that can be used independently, and 72 hours is the obligation of the court, not your waiting limit. At that point, don't force yourself.

Lawyer Shen Jinlong, Guangdong Zhiming Law Firm, specializing in marriage and family affairs, with a consultation hotline at 0755-25986969. The address is in Shenzhen, and an appointment for a face-to-face meeting can be made.

Disclaimer: This article is a general sharing of legal knowledge and does not constitute a legal opinion on any specific case, nor does it represent a commitment to the outcome of the case. The application conditions, evidence determination, and trial period for a personal safety protection order may vary depending on the facts of the case, the jurisdiction of the court, and the circumstances of the evidence. If you are facing domestic violence or real danger, please call 110 to report to the police as soon as possible and consult a practicing lawyer for targeted solutions.