Compiled from: People's Court Daily, Shenzhen Bao'an Court, Harbin Daily, Shandong High Court
 
Recently, the Bao'an District People's Court in Shenzhen, Guangdong Province, issued a special "civil protection order," which is also the first personal safety protection order issued by the court since the implementation of the Civil Code.

 

Case review
Xu Nan and Zhang Nu married in 1995 and had two daughters. In recent years, the couple frequently clashed over family investments and loan issues.
 
One evening, during an argument, Zhang Nu suddenly stormed into the kitchen, grabbed a knife, and continued arguing with Xu Nan while holding it. Xu Nan, terrified, quickly called the police. The police arrived in time to stop Zhang Nu.
 
After this, Xu Nan, afraid to stay at home, moved to a nearby hotel. Concerned for his personal safety, he applied to the Shenzhen Bao'an Court for a personal safety protection order to prohibit domestic violence, providing evidence such as the police report, photos, videos, and WeChat chat records to support his claim.

 

 
Judgment
After accepting the case, the Bao'an Court immediately contacted the district public security bureau and the district women's federation to gain a thorough understanding of the case, while also verifying the situation with both Xu Nan and Zhang Nu.
 
Upon review, the court found that Zhang Nu's act of grabbing a knife from the kitchen during the marital argument posed a real threat of physical harm to Xu Nan. The Bao'an Court granted the applicant's request to prohibit domestic violence, promptly served the personal safety protection order to both parties, and coordinated with the women's federation, community, and local police station to deliver a notice of assistance enforcement, ensuring Xu Nan's personal safety.
 
 
《Civil Code》 
Article 1042, Paragraph 3
[1] Domestic violence is prohibited. Abuse and abandonment among family members are forbidden.
 
 
[1] The author's perspective
[2] This case is special because it involves a personal safety protection order issued to a male. Generally, due to physical advantages, women, children, and the elderly are often the victims of domestic violence, but in recent years, men have also become victims. Domestic violence is not limited to physical harm such as beating, binding, mutilation, or restricting personal freedom; mental harm such as frequent verbal abuse and intimidation also constitutes domestic violence. As long as a family member suffers or faces a real threat of domestic violence, they can apply to the court for a personal safety protection order. It is worth noting that applying for a personal safety protection order does not require the occurrence of actual harm; that is, if the victim feels fear or panic when violence is imminent, they can apply for the order.
 
[3] Additionally, personal safety protection orders are not limited to domestic violence. If violence is committed by someone living together who is not a family member (such as a cohabiting boyfriend or girlfriend), the victim can also apply for a personal safety protection order.
 
[4] The author reminds that violence is not a way to solve problems but a tool that destroys relationships. Happiness in life requires joint efforts, and family harmony needs the collective work of its members.