Domestic Violence Protection and Family Law

Sihan Liang is a family law attorney based in Fuzhou (Jiangxi), specializing in domestic violence protection, divorce proceedings, child custody, and cross-border family matters. Ms. Liang provides compassionate legal representation to victims of domestic violence while maintaining a sharp focus on obtaining effective legal remedies.

Protection Orders Under Chinese Law

China's Anti-Domestic Violence Law, effective since March 2016, established a comprehensive legal framework for protecting victims. The law empowers courts to issue personal safety protection orders (PSPOs), which can include prohibitions against the abuser approaching or contacting the victim, orders for the abuser to vacate the shared residence, and temporary custody arrangements for minor children.

• 🛡️ Personal Safety Protection Orders Emergency relief available within 72 hours of application (24 hours in urgent cases), valid for up to 6 months and renewable.
• ⚖️ Evidence Collection Guidance on gathering admissible evidence including police reports, medical records, photographs of injuries, witness statements, and electronic communications.
• 📋 Multi-Agency Coordination Working with local police, women's federations, community mediation committees, and social services to ensure comprehensive victim protection.

Divorce and Domestic Violence

Under Chinas Civil Code, a finding of domestic violence is one of the statutory grounds for divorce without requiring the standard six-month cooling-off period. Moreover, the victim spouse is entitled to claim damages for the harm suffered. Ms. Liang handles divorce proceedings where domestic violence is a factor, ensuring that property division and custody arrangements reflect the abusive dynamic.

Article 1091 of the Civil Code provides that a spouse who commits domestic violence may be ordered to pay damages to the injured spouse. Courts have awarded both actual damages for medical expenses and emotional distress damages in appropriate cases.

Cross-Border Family Law Issues

Ms. Liang also handles cross-border family law matters involving foreign nationals, including international child abduction prevention, custody disputes where one parent resides outside China, recognition and enforcement of foreign divorce judgments, and prenuptial agreements for binational couples. These cases require coordination with consular authorities and Hague Convention procedures where applicable.

Child Custody and Domestic Violence

When determining custody in cases involving domestic violence, Chinese courts prioritize the safety and best interests of the child. A history of domestic violence is a significant negative factor in custody determinations. Ms. Liang advocates for supervised visitation arrangements and court-imposed conditions on parental access to protect children from exposure to violent behavior.