Personal Safety Protection Orders: What They Can and Cannot Do in DV Cases

Let me start with something many people don't realize: in the ten years since the Anti-Domestic Violence Law took effect, courts nationwide have issued a total of 33,000 personal safety protection orders (per the Supreme People's Court press conference on March 30, 2026). That sounds like a lot at first glance, but spread over ten years, it's just over 3,000 a year. With more than 3,000 basic-level courts nationwide, that averages out to about one per court per year.

Is it because courts won't issue them? No. The Yuelu District Court in Changsha handled 84 protection order applications over the three years from 2023 to 2025 and granted 78 — a grant rate of 92.86%. For comparison: Heilongjiang Province, as a whole, issued only 206 orders in ten years.

The problem isn't that orders can't be obtained — it's that too few people apply.

And here's the more critical point that almost no one has fully explained: you can get a protection order, but don't treat it as your ace in a divorce case.

To be honest, Article 9 of Judicial Interpretation No. 17 (2022) made me pause the first time I read it too. It says: in divorce and similar cases, if you rely solely on the fact that "a court once granted me a protection order" to assert domestic violence (DV), the court will still make a comprehensive determination. In plain terms: protection orders use the lower "probability" threshold — the goal is to pull you out of immediate danger, and it answers "what do we do right now." Claiming damages in a divorce requires the "high probability" standard of substantive proof — it asks "did this actually happen, and how serious was it." Two different rulers measuring two different things. In this line of work, you often hear: "I already got a protection order — why won't the divorce court find he committed DV?" That's exactly where the problem lies.

Because the rulers are different.

In the first typical case published by the Supreme People's Court on March 30, 2026, the husband had long subjected the wife to personal humiliation, verbal abuse, and defamation. The court granted the divorce and also awarded divorce damages. Verbal violence can be recognized as DV and can lead to compensation — but that depends on piece-by-piece evidence, not on the sentence "I once applied for a protection order."

This article covers three things: what you actually need to apply, what a protection order can do, and that most easily overlooked boundary.

1. What evidence you need: 11 items, and the three most often missed

First, evidence. Article 6 of Judicial Interpretation No. 17 (2022) lists 11 items. The first nine are specific circumstances, the tenth is forensic injury assessment, and the eleventh is a catch-all. Let me lay them out and flag the three most commonly missed:

1. Your own statement
2. Police admonition letters and administrative penalty decisions issued by public security organs
3. Police dispatch records, interrogation transcripts, incident reports, and police receipts
4. Letters of repentance or guarantees written by the other party
5. Audio or video recordings documenting the DV
6. Text messages, WeChat messages, emails, and call recordings
7. Hospital medical records
8. Records of requests for help received by your employer, residents' committee, villagers' committee, Women's Federation (12338 hotline), disabled persons' federation, etc.
9. Testimony from minor children, or from relatives, friends, or neighbors
10. Forensic injury assessment
11. Other evidence proving DV or a real danger

Items 8, 9, and 10 are the ones most people miss. Item 8 especially: many people have called the 12338 Women's Federation hotline but never asked for any written record — oral reports don't count in court. Some official court manuals compress the evidence into 7 categories; copy those and you'll miss these three items. The statutory text and the manuals genuinely don't match up.

2. Timelines and thresholds: a ruling in 72 hours, no divorce filing required

Next, timelines. Article 28 of the Anti-Domestic Violence Law: after accepting the application, the court must issue a ruling within 72 hours, or within 24 hours in urgent situations. Remember it says "shall" — not "it depends." The order is valid for up to 6 months and can be extended before expiry. If you disagree with the ruling, you can apply for reconsideration once within 5 days; reconsideration does not suspend enforcement. Here's the whole process from application to effect: written application (oral is fine if you can't write — the court will take a transcript) → acceptance → ruling within 72 hours, or 24 hours if urgent → effective upon service → valid for no more than 6 months, extendable → one reconsideration within 5 days if dissatisfied.

Let's clear up two threshold myths first. One: you don't need to file for divorce first. Article 1 of Judicial Interpretation No. 17 (2022) states verbatim: "Applying to a people's court for a personal safety protection order is not conditional on filing a divorce or other civil lawsuit." Two: no fees, no security required. Article 19 of the Anti-Domestic Violence Law provides that litigation costs may be deferred, reduced, or waived, and the Supreme People's Court's official reply also makes clear there are no fees and no security required.

3. What an order can actually order — and the price of violating it

What can a protection order contain? More than just "don't hit you." Article 29 of the Anti-Domestic Violence Law lists four measures: prohibiting violence; prohibiting harassment, stalking, or contact with you and your close relatives; ordering the other party to move out of the residence; and other protective measures. In the third typical case published by the Supreme People's Court on March 30, 2026, after the husband beat the wife until her hearing and vision were damaged and refused to arrange hospitalization or pay medical fees, the court not only issued a protection order but also ordered him to pay the medical expenses for that incident. A protection order can order someone to pay — it's not just a piece of paper to look at.

You should also know the cost of violating an order. Article 34 of the Anti-Domestic Violence Law: if the violation does not yet constitute a crime, the court may issue a reprimand and may impose a fine of up to 1,000 yuan or detention of up to 15 days; if it constitutes a crime, criminal liability applies. The Xiangzhou District Court in Zhuhai, Guangdong, convicted one man who seriously violated a protection order despite having already been admonished — he was sentenced to eight months in prison for the crime of refusing to execute a judgment or ruling. In the fourth typical case published by the Supreme People's Court on March 30, 2026, the violator showed up at the door, beat the victim, and sent threatening text messages — he received 15 days of judicial detention. This piece of paper has teeth.

4. Three things you can do tonight

So here are three things you can do tonight:

First, photograph and save your most recent police receipt and medical records, and don't delete chat logs.

Second, go to the Women's Federation or residents' committee and ask for a written record of your request for help — phone calls don't count; get it on paper.

Third, write clearly "who the respondent is" and "what you are asking the court to do." If these two items are vague in your application, the court can't rule.

One last thing: a protection order protects your present — it won't win your next lawsuit for you. Don't leave a single piece of evidence behind.

Feel free to share your questions in the comments, or forward this article to someone who might need it.

He Zigang | Intellectual Property Lawyer | Aipunajie · Mili · Najie

This article was drafted with AI assistance and reviewed by the author.

This article represents the author's personal views only and does not constitute legal advice. For analysis of a specific case, please contact us.