Family violence is not limited to a single physical assault. Repeated threats, harassment, or other conduct may create a real safety risk, and a person seeking protection may not have a hospital record. A personal safety protection order is a preventive civil measure; it is separate from a divorce case and does not require the applicant to wait for a criminal conviction.
Supreme People's Court rules identify evidence such as messages, recordings, apology letters, police records, and witness material, and set a fact-specific proof standard for these applications. Safety comes first: preserve evidence only in ways that do not increase danger, and seek emergency assistance when there is an immediate threat.
Describe the conduct and the current risk
Prepare a dated account of what happened, who was involved, where it occurred, and why further harm is feared. Include repeated calls, messages, following, threats, confinement, property damage, or conduct directed at a child where relevant. Avoid conclusions alone; set out the specific acts and dates that support them.
The Anti-Domestic Violence Law allows a person who has suffered domestic violence or faces a real risk of it to apply for a personal safety protection order. The Supreme People's Court's 2022 provisions clarify that conduct can include physical or mental abuse and provide that an application may be supported by a range of evidence. The court assesses the full circumstances rather than requiring one particular document in every case.
Preserve records safely and in context
Potential evidence can include police call or dispatch records, warning notices, medical records, photographs, messages, email, call recordings, apology or promise letters, witness accounts, and records showing a pattern of unwanted contact. Save original messages and note the account or phone number, dates, and context. Keep copies somewhere the other person cannot access if doing so is safe.
Do not provoke a confrontation to create evidence, secretly access another person's account, or publish private information. If a device is monitored, seek help using a safer channel. A trusted person, local support service, or lawyer can help plan evidence preservation without increasing risk.
Prepare an application and ask for specific protection
Identify the acts the court is asked to prohibit, such as domestic violence, harassment, stalking, or contact with the applicant or a child. The order's scope should match the safety concern. Keep identification and residence information, the evidence chronology, and any prior police, medical, or court records ready. Check the competent court and filing process for the applicant's circumstances.
A protection order does not by itself decide divorce, child custody, or property division. Those matters may need separate filings and evidence. If immediate danger exists, contact emergency services rather than waiting for a court application.
Safety-first checklist
- Prioritize immediate safety and emergency help.
- Keep a dated log of repeated conduct and threats.
- Save complete messages, recordings, and official records.
- Use a safe device or trusted contact if communications are monitored.
- Ask for legal help on the appropriate court, requested terms, and related family proceedings.
Sources: Supreme People's Court Provisions on Personal Safety Protection Orders; Supreme People's Court explanation of evidence and proof standards; Supreme People's Court family-violence case guidance, 2026.
