Domestic violence: Call the police to get an incident report, then apply to court for a protection order — no divorce required and it’s free

There is no cost at all. Applying for a protection order involves no filing fees or bonds. The only expense is the time needed to call the police, get medical examinations, and fill out the application. The hardest part is actually telling your family about what happened.

First, the risks. A systematic review of data from 66 countries shows that in cases of female homicide, 38.6 % are committed by intimate partners, compared with 6.3 % for men. Researchers note that such killings often represent the final step in a pattern of prolonged abuse. Another study compared 506 homicide cases and attempted homicides with 427 women who had experienced abuse but survived. Compared with women who had not been strangled, prior partner strangulation was associated with an odds ratio of 6.70 for attempted homicide (95% CI 3.91–11.49) and 7.48 for homicide (95% CI 4.53–12.35). These two outcomes are rare, so the odds ratios approximate relative risks. Regarding legal protections, victims and their close relatives may call the police, who must intervene promptly, stop the abuse, gather evidence, and help arrange medical care and examinations. In less severe cases, police can issue a warning to the abuser. Any person facing domestic violence or a real threat of it may apply to court for a protection order; after accepting the application, the court must decide within 72 hours, or within 24 hours if the situation is urgent. The order can forbid the abuser from using violence, harassing, stalking, or contacting the victim or her relatives, and may even require the abuser to leave the shared residence. Protection orders are valid for up to six months and can be renewed before they expire. No divorce is required to obtain one; the court grants it when it deems abuse “highly likely.” Violating a protection order can result in fines up to 1,000 yuan or detention for up to 15 days; serious breaches may be prosecuted as refusal to comply with a court order. Persistent humiliation, threats, stalking, harassment, and deliberate deprivation of food or warmth also count as domestic violence.

全国人大常委会 (2015). 反家庭暴力法（第二、十三、十五、十六、十九、二十三、二十八、二十九、三十、三十四条）. https://flk.npc.gov.cn/detail?id=2c909fdd678bf17901678bf7f9d60889；最高人民法院 (2022). 关于办理人身安全保护令案件适用法律若干问题的规定（法释〔2022〕17 号，第一、三、六、十、十二条）. https://www.court.gov.cn/zixun/xiangqing/366021.html；最高人民法院 (2016). 关于人身安全保护令案件相关程序问题的批复（法释〔2016〕15 号，第一、二项）. 平原县人民法院转载全文 http://qdzy.sdcourt.gov.cn/dzpyfy/393141/393283/1461545/index.html；Stöckl H 等 (2013). The global prevalence of intimate partner homicide: a systematic review. Lancet. https://doi.org/10.1016/S0140-6736(13)61030-2；Glass N 等 (2008). Non-fatal strangulation is an important risk factor for homicide of women. Journal of Emergency Medicine. https://doi.org/10.1016/j.jemermed.2007.02.065

The beneficiaries are mainly yourself and your family. The homicide rate is based on foreign data; China does not have publicly available statistics using the same metrics. You must collect evidence: police dispatch records, warning letters, injury assessment results, medical records, written guarantees from the other party, chat logs, and recordings can all be used. For recordings, see item 41 of this section (Recordings). You do not need to hire a lawyer to apply for a protection order; a result is usually obtained within a few days. If you want a divorce or compensation, that is a separate lawsuit, which must conclude within 6 months under the ordinary first-instance procedure, with extensions permitted, and you must pay the attorney fees yourself. Victims of domestic violence can seek legal aid, and courts may defer, reduce, or waive litigation fees. A protection order does not mean your personal safety is guaranteed; if there is immediate danger, call 110 first. If a victim is coerced or intimidated and unable to apply themselves, close relatives, public security organs, the Women's Federation, neighborhood committees, or village committees can apply on their behalf. If the victim is a friend or colleague, you can accompany them to report to the police or go to the hospital. If you see someone being beaten in a stranger's home, calling 110 is enough. Do not attempt to intervene physically yourself; for the reasoning, see item 37 of section 13 (Witnessing a group fight). For how to write child custody and visitation arrangements during a divorce, see item 23 of section 10 (Child support and visitation).