Domestic violence affects people of all nationalities and backgrounds, and foreign spouses living in China are no exception. The PRC Anti-Domestic Violence Law, which took effect on March 1, 2016, provides comprehensive legal protections for victims of domestic violence, regardless of their nationality. This landmark legislation introduced the personal safety protection order, a powerful legal tool that foreign victims can use to protect themselves from abuse.

What Constitutes Domestic Violence Under Chinese Law

Chinese law defines domestic violence broadly to include physical assault, psychological abuse, sexual violence, and economic control inflicted by a family member or intimate partner. The definition covers not only married couples but also cohabiting partners and other household members. Under the 2016 law, domestic violence is not limited to physical harm — it explicitly includes acts that cause psychological damage through intimidation, harassment, verbal abuse, threats, or humiliation.

The Personal Safety Protection Order

The most significant protection available under Chinese law is the personal safety protection order. This court-issued order can: prohibit the abuser from further acts of domestic violence; prohibit the abuser from harassing, stalking, or contacting the victim; order the abuser to vacate the shared residence; prohibit the abuser from approaching the victim's workplace, school, or other frequented locations; and protect the victim's personal safety and property rights.

The court must decide on a protection order application within 72 hours of filing — or within 24 hours if the situation is deemed urgent. Protection orders are effective for up to six months and may be renewed upon application. Violating a protection order may result in fines, detention, or criminal liability.

Who Can Apply

Under Chinese law, victims of domestic violence, their close relatives, neighborhood committees, and social organizations may apply for protection orders. Importantly, foreign nationals who are victims of domestic violence in China have the same legal standing as Chinese citizens. There is no nationality requirement in the Anti-Domestic Violence Law, and the protections apply to all individuals physically present in China.

Evidence Required

When applying for a protection order, victims should prepare medical records, police reports, witness statements, threatening communication records, photographic evidence of injuries, marriage or relationship documents, and visa and residence documents to establish legal presence in China.

Practical Steps for Foreign Victims

Foreign nationals experiencing domestic violence in China should call the emergency number 110, which is staffed 24 hours a day. Request a police report to be filed. Seek medical attention at a hospital and request documentation of injuries. Contact an experienced Chinese family law attorney who can assist with filing the protection order application. Contact your home country's consulate or embassy for assistance. Your lawyer can file the application with the local basic people's court in the district where you live or where the abuse occurred.

Divorce and Custody Considerations

For foreign spouses married to Chinese citizens, domestic violence is recognized as a valid ground for divorce under the PRC Civil Code. Victims may also seek custody of minor children and child support. Chinese courts generally consider the best interests of the child, and a history of domestic violence is a significant factor in custody determinations. Victims of domestic violence may also be entitled to a larger share of marital property as compensation.

The Bottom Line

Foreign nationals in China are protected by the same domestic violence laws as Chinese citizens. The personal safety protection order system provides a fast, accessible legal remedy. Any foreign spouse experiencing domestic violence in China should seek legal assistance from an experienced family law attorney.

Keywords: PRC Anti-Domestic Violence Law, personal safety protection order, China domestic violence, foreign spouse China, family law China, divorce China, child custody China