Domestic Violence: Protection Order Application in China 2026

Direct answer: Yes, you can apply for a personal safety protection order (also called a "restraining order" or "protection order") in China if you are a victim of domestic violence. The application process is free, can be filed without a lawyer, and the court must decide within 72 hours—or 24 hours in emergencies. This article explains the legal framework, step-by-step process, and practical tips for English-speaking residents in China.

1. What is domestic violence under Chinese law?

The Anti-Domestic Violence Law of the People's Republic of China (2016, amended 2022) defines domestic violence as physical, psychological, or sexual abuse inflicted by a family member. This includes:

• Beating, pushing, strangling, or other physical attacks
• Threats, intimidation, verbal abuse, or constant harassment
• Forced sexual acts or sexual humiliation
• Economic control (e.g., withholding money for basic needs)
• Stalking or monitoring (e.g., tracking phone, showing up at workplace)

Importantly, the law also covers non-marital partners who live together (cohabitants), as well as family members by blood or marriage (parents, children, in-laws). Since 2022, the law explicitly includes dating violence where the couple cohabits.

Legal basis: Article 2 of the Anti-Domestic Violence Law; Articles 1042 and 1079 of the Civil Code (which emphasize the prohibition of domestic violence and divorce grounds).

2. What is a personal safety protection order?

A protection order is a court-issued document that orders the abuser to:

1. Stop the violence or harassment immediately
2. Stay away from the victim's home, workplace, school, or other specified places
3. Stay away from the victim's family members or witnesses
4. Not contact the victim by phone, message, or through third parties
5. Leave the shared home (temporary eviction)
6. Hand over firearms or dangerous items (if applicable)

The order lasts 6 months and can be extended for another 6 months upon application. Violation of a protection order is a criminal offense punishable by up to 1 year in prison or a fine.

3. Who can apply?

• The victim (any family member or cohabitant)
• A legal representative (if the victim is a minor, elderly, or disabled)
• Social organizations (e.g., Women's Federation, community committees, police) can apply on behalf of the victim if the victim is unable to do so

No lawyer required. You can apply directly at the court in your district (where you or the abuser lives).

4. Step-by-step application process

Step 1: Gather evidence

The court needs proof of domestic violence or a real threat. Acceptable evidence includes:

• Hospital records, doctor's notes, or injury photos
• Police reports (call 110 and ask for a written record)
• Text messages, WeChat chats, emails, or voice recordings showing threats or abuse
• Witness statements (neighbors, coworkers, family)
• Video or audio recordings of the abuse (if legal in your situation)
• Diary entries describing incidents (dated and signed)

Tip: Even if you don't have hospital records, a police report or threatening messages can be enough. The court does not require "severe" injury—a pattern of harassment or threats qualifies.

Step 2: Go to the court

Visit the Basic People's Court in the district where you live or where the abuser lives. Look for the "Family Division" or "Litigation Service Center." Bring:

• Your ID (passport or Chinese ID card)
• Evidence (originals and copies)
• A written application (the court can help you fill it out)

If you cannot go in person, you can call the 12338 Women's Federation hotline or 12348 Legal Aid hotline for guidance. Some courts allow online applications through local government apps (e.g., "Shanghai Court" app).

Step 3: Court review

The court must decide within 72 hours after receiving your application. In emergencies (e.g., you are in immediate danger), the court must decide within 24 hours. The judge will review evidence and may interview you or the abuser (but the abuser is not required to be present).

If the court approves, it issues the protection order. You will receive a written copy. The court will also serve the order to the abuser and notify the local police station.

Step 4: Enforce the order

Once the order is issued, the police must enforce it. If the abuser violates the order (e.g., contacts you, shows up at your home), call 110 immediately. The police can arrest the abuser and detain them for up to 15 days, or file criminal charges.

Important: Keep a copy of the protection order with you at all times. Also give copies to your workplace, school, or building security so they can call the police if the abuser appears.

5. Practical tips for English speakers

• Language barrier: Most court staff speak only Chinese. Bring a bilingual friend or hire a translator. The 12348 hotline has English-speaking operators in major cities (Beijing, Shanghai, Guangzhou).
• Foreign spouse: If you are married to a Chinese citizen and live in China, you have the same rights. The law does not discriminate based on nationality.
• Workplace protection: Under the Labor Contract Law (Article 42), if you need time off to go to court or recover from injuries, your employer cannot fire you for that reason. You can also ask your employer to change your work location or schedule to avoid the abuser.
• Emergency shelter: Local Women's Federations often run temporary shelters for victims. Call 12338 for locations.

6. FAQ

Q1: Can I get a protection order if we are not married?

Yes. The law covers cohabitants (including same-sex partners) and dating couples who live together. If you do not live together but are threatened, you can still apply, but the court may require stronger evidence of a real threat (e.g., stalking, repeated threats).

Q2: What if the abuser is my parent or child?

Yes. Domestic violence includes abuse by any family member. You can apply against a parent, adult child, sibling, or in-law. The law is designed to protect all family members, including elderly parents abused by adult children.

Q3: How much does it cost?

Nothing. The application is free. You do not need to pay court fees. If you need a lawyer, legal aid is available through the 12348 hotline for low-income victims.

Q4: Can I get a protection order without police involvement?

Yes. You can go directly to court. However, having a police report (even if they did not arrest the abuser) strengthens your case. The police are also required to help you apply for a protection order if you request it.

Q5: What happens if the abuser leaves China?

If the abuser is a foreign national and leaves China, the protection order remains valid if they return. You can also request that Chinese authorities notify immigration to deny re-entry if the order is violated. Consult a lawyer for cross-border cases.

7. Legal resources and hotlines

1. 12338 – National Women's Federation hotline (Chinese, with interpreter services in some cities)
2. 12348 – National Legal Aid hotline (free legal advice, English available in major cities)
3. 110 – Police emergency (ask for "family violence" or "domestic violence" – "jiating baoli")
4. Local court – Search online for "Basic People's Court" in your district

8. Caveats and important notes

• Laws are subject to change. This article reflects the law as of 2026. Local courts may have slightly different procedures. For example, Beijing courts may process applications faster than rural courts.
• Evidence is key. Without evidence, the court may reject your application. Start documenting incidents immediately—save messages, take photos, and report to police.
• Protection orders are not automatic. The judge has discretion. If the evidence is weak (e.g., only verbal arguments without threats), the court may deny the order. In that case, you can appeal or reapply with stronger evidence.
• Child custody. A protection order can include temporary custody arrangements (e.g., the abuser cannot take the child). However, final custody is decided in a separate divorce or custody case.
• Workplace rights. If the abuser bothers you at work, you can ask your employer to change your shift or location. The employer cannot retaliate against you under the Labor Contract Law. You can also ask the police to notify your workplace about the order.

Laws and regulations are subject to change and local interpretation. For authoritative answers, consult a licensed lawyer or call 12348 China Legal Services.

9. Conclusion: Take action now

Domestic violence is illegal in China, and the law provides a clear, free, and quick mechanism to protect yourself. You do not need to wait until you are severely injured—threats and harassment are enough. The most important step is to

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