【Case Background】

Recently, while cleaning at home, Xiao Yi accidentally discovered a miniature surveillance camera hidden in the wall. After anxiously reviewing the footage, she was shocked to find that the person who had been secretly recording was her own husband! Although the footage was all from their home life, the thought of being unknowingly recorded 24/7, whether bathing or sleeping, filled her with immense fear, prompting her to seek help from our firm.

【Our Firm's Practical Experience】

Based on our practical experience with cases like Xiao Yi's, our lawyers' primary concern is the personal safety of the client (the party involved), helping them obtain a protection order to ensure their peace of mind both physically and emotionally is our top priority.

The current protection order system can be briefly summarized as follows:

1. Emergency Protection Order: Applied for by prosecutors, police authorities, or the competent authorities of municipalities or counties via written, verbal, telefax, or other technological means to the court, which should issue the order within 4 hours of the application. The order becomes effective immediately upon issuance, lasting until a regular protection order takes effect.
2. Emergency Protection Order: Applied for by prosecutors, police authorities, or the competent authorities of municipalities or counties via written, verbal, telefax, or other technological means to the court, which should issue the order within 4 hours of the application. The order becomes effective immediately upon issuance, lasting until a regular protection order takes effect.
3. Regular Protection Order: Applied for by the victim, prosecutors, police authorities, or the competent authorities of municipalities or counties in writing to the court. After judicial review, the court issues the order, which is sent to the parties involved within 24 hours of issuance. The order becomes effective immediately, with a validity period of up to two years, which can be extended upon application, each extension also lasting up to two years.

From the above, it's clear that victims can apply for temporary and regular protection orders, while emergency protection orders are restricted to applications by relevant authorities. Regarding the burden of proof, for temporary protection orders, it's considered sufficient if the evidence presented reaches the level of "explanation" rather than "proof" since these are not final judgments and victims are in urgent danger, so it's impractical to demand proof in a short time. However, regular protection orders require evidence for "proof," with a stricter burden of proof compared to temporary protection orders. Though applicants should bear the burden of proof for the facts claimed, in practice, considering the procedural nature of applying for protection orders as non-litigious matters, a more lenient rule of free proof often replaces strict proof requirements.

After seeking legal assistance, our firm immediately obtained a temporary protection order for Xiao Yi as the first step of protection. Following this, during the regular protection order proceedings, our lawyers thoroughly gathered evidence and persuasively argued the case of long-term, non-accidental domestic violence due to surveillance, successfully securing a regular protection order for Xiao Mei, giving her a safe and comfortable living environment.

[Continue Reading：Definition and Prevention of Domestic Abuse! How to Apply for a Protection Order？]