Ningbo Encountered Domestic Violence, How to Use Warning and Personal Safety Protection Order- Zhiheng Law Firm

When encountering domestic violence, the law gives you two tools that can be used immediately: one is the domestic violence warning letter, which is issued by the public security organ, which is in charge of "stop loss now and leave evidence"; the other is the personal safety protection order, which is issued by the people's court, which is in charge of "isolating the abuser and prohibiting harassment and contact". The two are not incompatible; they can be used sequentially or in combination. To begin with, filing a police report is the first step; the warning letter documents this instance of domestic violence in writing, while a protection order—when the danger has not yet been eliminated—allows the court to issue a ruling that legally separates the abuser from the victim. Next, I will discuss these two matters, starting with “what they are” and moving on to “what should be done.”

1. What should you do first when you experience domestic violence?

Article 2 of the Anti-Domestic Violence Law stipulates that domestic violence refers to the physical, mental and other violations committed by family members in the form of beating, binding, mutilating, restricting personal freedom, and frequent verbal abuse and intimidation; violence committed by people living together other than family members is also treated with reference to this law. Domestic violence often occurs at home, with no witnesses present. By the time one seeks to assert their rights, the evidence has already been lost. Therefore, the actions taken immediately after the incident largely determine whether a warning notice can be obtained or a protection order can be applied for.

The one ranked first is Make an emergency call by dialing 110.. Filing a police report is not “airing dirty laundry”; it is the trigger that initiates law enforcement intervention. Upon receiving a report of domestic violence, public security organs shall promptly dispatch officers to the scene, stop the violence, investigate and collect evidence in accordance with relevant regulations, and assist the victim in seeking medical treatment and undergoing injury assessment (Article 15). The police dispatch record and the interrogation transcript themselves constitute some of the strongest evidence for future proceedings; even if no penalty is ultimately imposed, these records will not have been kept in vain.

The second step is to seek medical attention and undergo a medical examination. The injury is objective; the sooner you stay, the better. When you arrive at the hospital, clearly explain the time, location, and circumstances of the injury, as well as the identity of the person who caused it, so that the doctor can record all the details in your medical chart. Medical records, diagnostic certificates, and forensic injury assessment reports, along with police dispatch records and warning letters, constitute the most commonly used category of evidence when courts ascertain the facts of domestic violence (Article 20).

The third step is to secure the evidence; you can gather it according to the following categories:

Injury photos: Capture the injuries clearly, and include a timestamp if possible. Alternatively, send the photos immediately to a trusted person or upload them to the cloud to preserve the exact time.
On-site photos: damaged items, torn clothing, and tools used in the assault;
Records: Audio and video recordings of threats and verbal abuse, as well as text messages, WeChat messages, and call logs;
Documentary evidence: any letters of repentance or guarantees previously written by the other party;
Witnesses: Neighbors and relatives who heard or witnessed the incident, as well as community workers and property management personnel who previously visited the scene to handle the matter.

The recommended order—first report to the police, then seek medical treatment, and finally gather evidence—is because reporting to the police and seeking medical care generate documentation created by a third party, which generally carries more probative weight than photos taken later on one’s own. Even if you were unable to call the police at the time, you can still inform your community or the Women’s Federation and ask them to document the situation and intervene; should it happen again, be sure to report it to the police immediately.

2. What is a domestic violence warning letter?

The warning letter is A written warning issued by the public security organ against the perpetrator.. The legal basis is Article 16 of the Anti-Domestic Violence Law: Where the circumstances of domestic violence are relatively minor and no administrative punishment is imposed in accordance with the law, the public security organ shall issue a warning or provide the perpetrator with criticism and education.

To put it bluntly: when a domestic violence incident has not yet reached the severity that warrants administrative detention, the public security authorities may either issue a verbal warning and education or issue a written admonition. In accordance with Article 16, the warning letter shall include the perpetrator’s identity information, a statement of the facts of the domestic violence, and a prohibition against the perpetrator from engaging in domestic violence, among other contents. In 2024, the Ministry of Public Security and other departments jointly issued the “Opinions on Strengthening the Implementation of the Domestic Violence Warning System,” further standardizing it as a formal document that includes information on the relationship between the parties, factual statements, evidence identification, legal provisions, and the legal consequences of repeated acts of violence.

The warning letter shall be prepared in triplicate: one copy shall be delivered to the perpetrator, one to the victim, and one shall be filed by the public security organ. Public security organs shall deliver the warning letter to both the perpetrator and the victim, and notify the residents’ committee or villagers’ committee (Article 17). Thereafter, the police station will continue to conduct follow-up visits and supervision, typically conducting the first visit within seven days of delivery, followed by visits every three months. Supervision will cease only after three consecutive uneventful visits.

The value of a warning letter primarily lies in two aspects. The first layer is evidence. It is a written document prepared by the public security organ in accordance with its statutory authority, recording “who perpetrated domestic violence against whom and under what circumstances.” When hearing cases involving domestic violence, the people's court may determine the facts of domestic violence on the basis of evidence such as police records, warning letters, and expert opinions on injuries (Article 20); in disputes such as divorce, damages, and child support, it is often more useful than the parties' own statements. The second layer is deterrence and oversight. Receiving a warning letter means the perpetrator has been “named,” and any further acts of violence will result in consequences. The "Opinions" also clarified that the police still refused to stop after being stopped on the spot, committed violence during mediation, refused to repent after being warned or punished, and committed violence repeatedly, etc., and no warning should be used instead of administrative or criminal punishment.

should also be viewed objectively: in cases such as divorce, if the fact of domestic violence is claimed only on the grounds that the public security has issued a warning letter, the court will still comprehensively identify it in combination with other evidence, so the warning letter should be used together with the alarm records, medical records and photos.

3. How can I obtain a warning letter?

The general procedure follows a linear sequence: the victim reports the incident to the police; public security organs dispatch officers to respond, intervene, investigate, collect evidence, and ascertain the facts of domestic violence in accordance with the law. For cases involving minor circumstances that do not warrant administrative punishment under the law, a warning letter is issued. If the perpetrator has no objection to the domestic violence, or if there is an objection but the facts are clear, the public security may decide to criticize and educate on the spot or issue a warning letter; if it is necessary to continue investigation, the decision shall be made within

72hours after the report is accepted.

Which situations "generally" should be issued warning letters? The Opinions list several categories: those who have been criticized and educated by the public security organs for domestic violence; those who have committed violence against minors, the elderly, the disabled, pregnant and lactating women, and seriously ill patients; those who commit violence in public places; those who have been requested by the victims; and other situations that should be issued in accordance with the law. Even if the perpetrator admits to committing the act of violence but argues that the victim was also at fault, this does not preclude the issuance of a warning letter.

If the public security authorities have only conducted a verbal warning or educational talk without issuing a written warning notice, you may proceed as follows:

Clearly request the handling police officer to issue a warning letter, and cite Articles 16 and 17 of the Anti-Domestic Violence Law;
If the situation falls under the category of “generally requiring issuance,” clearly state the relevant facts and legal basis.
If your case is still rejected on the grounds of “domestic disputes,” you may report the matter to a higher-level public security organ or procuratorial organ, while retaining the case acceptance receipt and police dispatch records as alternative evidence.
Whether or not you have received the warning letter, the police report and the interrogation record themselves are admissible as evidence; do not give up simply because you have not yet obtained a particular document.

There are two points that are very practical: the warning letter can be used as the written certificate for the victim to apply for asylum in the temporary shelter; the victim can also apply to the legal aid agency for legal advice, drafting legal documents and other assistance with the warning letter.

4. What is a personal safety protection order?

If the domestic violence is severe, or if, although the violence has not yet escalated, there is a clear and imminent risk, a mere warning letter is often insufficient. At this point, you may consider applying to the People’s Court for a personal safety protection order.

According to Article 23 of the Anti-Domestic Violence Law: Where a party has suffered domestic violence or faces an imminent risk of domestic violence and applies to the People’s Court for a personal safety protection order, the People’s Court shall accept the application. Simply put, you do not need to have already been assaulted; as long as you face an imminent danger, you can submit an application.

The difference between it and a warning letter can be illustrated as follows:

Different issuing authorities: A warning letter is issued by the public security organ, while a protection order is issued by the people’s court in the form of a ruling.
Different functions: A warning letter focuses on alerting and monitoring, while a protection order emphasizes separation and prohibition; the court may also order the perpetrator to move out of the applicant’s residence.
Different levels of coercive power: In the event of a violation of a protection order, the court may issue a warning, impose a fine, or order detention; if the conduct constitutes a crime, criminal liability shall be pursued.

One thing is particularly important: Apply for a personal safety protection order, not subject to filing a civil action such as divorce(Article 1 of the Supreme People’s Court Interpretation [2022] No. 17). In other words, even if you have not yet decided to divorce—or do not wish to divorce at all—you may still apply for a protection order on your own. It serves as a line of defense independent of the marital relationship.

Also, it’s not just the person themselves who can apply. If the party is a person with no capacity for civil conduct, a person with limited capacity for civil conduct, or is unable to apply on his own due to coercion, intimidation, or other reasons, his close relatives, public security organs, women's federations, residents committees, villagers committees, and rescue management agencies may apply on their behalf.

5. How to apply for a personal safety protection order

Which court should the application be filed with? The basic-level people’s court in the applicant’s or the respondent’s place of residence, as well as the place where the domestic violence occurred, all have jurisdiction (Article 25); choose whichever is more convenient.

How to apply? In principle, it should be applied in writing; if it is really difficult to apply in writing, it can be applied orally, and the people's court will record it in the record (Article 24).

The bill of materials generally includes the following items:

Application: Clearly state the identity information of both the applicant and the respondent, the specific requests, as well as the facts and grounds.
Identity-related documents: ID card, household registration book, marriage certificate, etc., used to prove that both parties are family members or have a cohabitation relationship;
Evidence of domestic violence: police reports, interrogation records, warning letters, injury assessment reports, medical records, photographs, audio and video recordings, WeChat and SMS message records, witness testimonies, etc.

What can be written in the "request" in the application? The law lists the measures that can be included in the protection order (Article 29): prohibiting the respondent from committing domestic violence; prohibiting him from harassing, stalking, and contacting the applicant and his related close relatives; ordering him to move out of the applicant's residence; and other measures to protect the personal safety of the applicant. The parties may also, based on their specific circumstances, specify in writing the particular acts that are to be prohibited.

How long does it take to receive a decision after filing the application? Upon accepting the case, the court shall issue a personal safety protection order or reject the application within seventy-two hours.In urgent cases, a decision shall be made within twenty-four hours.(Article 28). To issue a protection order, three conditions must be met simultaneously: there must be a clearly identified respondent, a specific request must be made, and there must be a situation involving domestic violence or an imminent risk of domestic violence (Article 27).

After a protection order is issued, it shall be enforced by the people’s court, and public security organs as well as residents’ committees, villagers’ committees, and other relevant entities shall assist in its enforcement (Article 32); therefore, it is not merely a document.

6. Validity period and consequences of violating the protection order

A protection order shall be valid for no more than six months and shall take effect from the date of its issuance. Before the expiration of its validity, the people’s court may, upon application by the applicant, revoke, modify, or extend it (Article 30). If the danger has not yet been eliminated, be sure to apply for an extension before it expires—don’t let it lapse unnoticed.

What will happen if the protection order is violated? This is the key point that distinguishes the protection order from the general advice: if the case constitutes a crime, the criminal responsibility shall be investigated according to law; if the case does not constitute a crime, the people's court shall give admonishment, and may impose a fine of less than 1,000 yuan and a detention of less than 15 days according to the seriousness of the case (Article 34). Article 12 of Fa Shi [2022] No. 17 also makes it clear that those who violate the protection order in accordance with the provisions of Article 313 of the Criminal Law shall be convicted and punished for the crime of refusing to execute the judgment or ruling. At the same time, if other crimes are constituted, they shall be dealt with in accordance with the relevant provisions of the Criminal Law.

I would also like to remind you that both the warning letter and the protection order are not "penalty free cards". If the perpetrator’s domestic violence constitutes a violation of public order administration, they shall be subject to administrative penalties; if it constitutes a crime, criminal liability shall be pursued (Article 33). The protection order governs "no further approach", and violence that has already occurred can still be held accountable in accordance with the law. As far as punishment is concerned, the Public Security Administration punishment Law (the new revised version that came into effect on January 1, 2006) shall impose detention and fine on those who beat or intentionally hurt another person's body, and if the circumstances are more serious, the punishment shall be aggravated; if a family member or an abused person requests to be dealt with, he shall be detained or warned. In cases with serious consequences, the matter may even involve the Criminal Law: causing injury classified as minor or above may constitute the crime of intentional injury, and prolonged, repeated acts of violence may constitute the crime of abuse.

7. What is the relationship between a warning letter, a protection order, and divorce proceedings?

These three options do not require you to choose just one; rather, they can be used in a progressive, complementary manner.

First the warning, then the protection order. In cases of relatively minor domestic violence, first call the police and seek a warning order to document the facts and gather evidence. If the perpetrator fails to stop after receiving the warning, or if threats and harassment escalate, you may take the police report and the warning order to court to apply for a protection order. There is such a real case in Fenghua, Ningbo: the woman called the police many times and was beaten after receiving the warning. After detaining the perpetrator, the public security did not dare to go to the court on her own, so she applied for a personal safety protection order as an agent.
A protective order proceeds concurrently with divorce proceedings. A protective order is independent of divorce proceedings and may be applied for either before filing for divorce or during the course of the litigation. It addresses “safety,” while divorce litigation concerns the “marital relationship, property, and children”; the two are not mutually exclusive.
as evidence in a divorce case.Warning letters, protection orders, alarm records, medical records, etc., can all play a role in divorce proceedings: domestic violence is a legal cause for divorce, and divorce should be granted if mediation is invalid; No-fault victims can claim damages; In terms of child custody, the violent party is usually not conducive to direct custody; the division of common property will also take care of the children, the woman and the innocent party.

Protection and recourse channels for 8. victims

First, remember this: safety first. At any time, do not deliberately provoke the abuser in order to obtain evidence; when conditions permit, leave the dangerous environment first, and then obtain evidence and protect rights.

The channels through which you can get help are roughly as follows:

Call the police: For the ongoing domestic violence, call them directly, and the public security should send the police to stop them in time;
Women's Federation: You can call the public welfare service hotline for women's rights protection at 12338, or contact the nearby women's federation. Women's federations can provide consultation, coordination, support and even apply for protection orders on their behalf when necessary;
Communities and units: Residents' committees, villagers' committees, as well as the units where the perpetrators or victims belong, all have the obligation to receive complaints, reflect, ask for help and give help;
Temporary asylum: For those who have no place to live due to domestic violence, they can apply for asylum to civil affairs departments, public security organs, township streets, women's federations or temporary shelters, and they can also apply with a warning letter;
legal aid: those who meet the requirements can apply for legal aid, and victims of domestic violence can also apply for legal advice, drafting legal documents and other assistance with the warning letter;
Court: apply for a personal safety protection order, or bring a lawsuit for divorce, damages, etc;
public legal service: call the one two three four eight hotline, you can consult legal issues and seek free legal help.

Minors, the elderly, the disabled, pregnant and lactating women, and seriously ill patients who suffer from domestic violence belong to the objects of special protection required by law; when relevant institutions and personnel find such situations, they also have the obligation of compulsory reporting and should report to the police in time.

9. Frequently Asked Questions

Question 1: No scars, only insults and threats, is it domestic violence?Calculate. Article 2 of the law has included mental violations such as frequent abuse and intimidation into the scope of domestic violence. The judicial interpretation of the Supreme Law further identifies cold hunger and frequent insults, slander, threats, stalking and harassment as domestic violence. However, it is more difficult to obtain evidence for mental domestic violence. It is suggested to keep chat records, audio recordings and help-seeking records as much as possible.

Question 2: Can I apply for a protection order after only one beating?You can apply. The threshold of the protection order is "suffering from domestic violence or facing the real danger of domestic violence", and it does not require multiple times. In practice, courts will assess whether a danger actually exists based on the evidence.

Question 3: Can you apply for a protection order if you don't want a divorce?Yes. The application for a personal safety protection order is not conditional on the filing of a civil action such as divorce, which is an independent protection measure in itself.

Question 4: Which is more effective, the warning or the protection order?The functions are different. The warning letter comes quickly and is issued by the public security. It is mainly used to fix facts and warnings; the protection order is more mandatory, which can directly prohibit the abuser from contacting, harassing, and even ordering him to move out of his residence. Typically, a warning letter is first used to secure evidence, and a protection order is applied for only when necessary.

Question 5: What should I do when the protection order expires? The protection order shall be valid for no more than six months and may be extended by application to the court before it expires. If the threat still exists, be sure to apply before it expires and don't let it expire.

Question 6: What should I do if I’m worried about retaliation after calling the police?This kind of worry is very common. When reporting a case, the public security organ may be required to keep the informant's information confidential; if there is a real danger, apply for a protection order as soon as possible, and contact the Women's Federation, the community and the shelter at the same time. Safety always comes first.

10. Practical Legal Insights

When encountering domestic violence, many parties understand the alarm as "one-time settlement" and wait for the result after reporting. In fact, the real value lies in nailing this incident into a written record. When calling the police, do three things on the spot: ask for a receipt of receiving the police, ask the police to make a record of the inquiry, and take the initiative to apply for a warning of domestic violence in cases where the circumstances are not serious enough for public security punishment. On the same day, go to a regular hospital to see a doctor, let the medical record truthfully state the injury process and the identity of the perpetrator, and upload the injury photos to the cloud or send them to credible people in time. These materials, formed by a third party, prove to be far more powerful than selfies afterwards and are the basis for future identification of regular violence.

Apart from the warning, the personal safety protection order is another tool. There is no conflict between the two. They can be used successively or in combination. The protection order is not based on divorce. You can apply to the court independently during marriage. When the danger has not been removed, the sooner you apply, the closer you can get to the abuser. When applying, the alarm record, warning letter, medical record, threatening chat, etc. should be submitted together, which is much more effective than oral statement. It is also important to be clear about its validity period and the consequences of its violation-the other party may face detention if it violates it, which is very binding on people who care about their work or reputation, and negotiations are often more likely to yield concessions than mere reasoning.

From the experience of handling cases, it is suggested to align the timelines of the warning letter, protection order and divorce proceedings: first apply for protection order in marriage to stabilize safety, and then submit all the evidence together when filing a lawsuit, advocating the judgment of divorce, damages, custody and property division, instead of just staring at the inseparable. However, safety is always the first priority. If there is immediate danger at the scene, evacuate first and then ask for help. Don't stay in danger for evidence collection. If the other party apologizes in private in exchange for not reporting to the police or applying for a protection order, do not destroy the records that have been obtained. Such verbal promises are extremely unstable and will cut off all subsequent relief.

First, domestic violence is not a housework. Two tools should be used: Warning is responsible for stop loss and mark, protection order is responsible for isolation and prohibition. Second, the first reaction in case of an accident is to call the police, seek medical treatment and leave evidence, rather than endure and wait for the other party to change. Third, the evidence should be systematic, putting police records, warning letters, medical records, photos and chat records together. Fourth, prioritize safety—don’t risk your personal safety to obtain evidence. Fifth, if you are not sure, you should seek help from women's federations and legal aid agencies as soon as possible.