Until death, or a court, we do part: saving lives
Print Edition
THIS month marks the fist anniversary of China’s first anti-domestic violence law, which transformed what was long considered a “private matter” into an issue of public concern.
The law is aimed at helping people like a 44-year-old migrant from Anhui Province. Known only in reports by her surname Zhang, she was regularly beaten by her husband, surnamed Wang.
She reported the abuse to police several times, but backed down when law enforcement officials arrived. Like many abused women, Zhang’s shame outweighed her despair.
As a result, police couldn’t detain Wang. Instead, they issued a warning that he stop beating his wife. When police responded yet again to a domestic violence call, Wang was slapped with a restraining order from a court, which essentially means he will face criminal prosecution if any further violence ensues. So far, none has. The new national law is wide-ranging in its definition of domestic violence. It covers physical and mental abuse and extends to people who live together but may not be married.
In the first eight months after the law went into effect last March, Shanghai police said they handled 2,700 family conflicts and issued 44 official warnings. In 35 cases, courts issued restraining orders, according to the Shanghai Women’s Federation.
“The law defines a new boundary where a public authority can intervene decisively in so-called private matters,” said Huang Qi, deputy chairman of the federation.
Indeed, domestic abuse is an issue that has traditionally been hidden behind closed doors. In the past, families, friends and neighbors didn’t want to get involved or to draw public attention to what were considered personal problems.
Abused women who did seek police help frequently withdrew their complaints in the end. Many women had nowhere to go to escape an abusive partner.
The new law streamlines the process for police to issue warnings and for courts to issue restraining orders. It also requires courts to rule within 72 hours on applications for personal protection orders.
Of 63 applications for restraining orders at local courts, more than 92 percent were filed by women and more than 86 percent were filed against spouses, according to the Shanghai No. 1 Intermediate People’s Court,
Thirty-five of the 63 applications were approved. The remainder were dismissed for lack of evidence.
Shen Shiying, a police officer from the Jiading District, said official warnings from police have proven effective.
“They don’t have the force of law, but they can be used as evidence of domestic violence if a case goes to court or to divorce proceedings,” Shen said.
Of 57 domestic violence-related divorce cases completed since 2011, 30 involved family disputes over money and 13 were related to extramarital affairs, according to the court.
Lawyer Zhang Yuxia said there has been a sharp increase in people asking for advice related to domestic violence.
“It’s a big deal because more people are beginning to realize that you can seek legal advice outside of divorce lawsuits,” she said. “However, many victims still refuse to seek legal recourse for domestic violence. There is still the traditional thinking that the issue is personally too humiliating or may affect careers if made public.”
Zhang recalled the case of a wife who came to her office with a face full or scars and bandages on her body. She said her husband beat her when she refused to agree to a divorce.
Such incidents are not rare, Zhang said. A lot of domestic violence occurs when one partner wants a divorce and the other doesn’t. Physical violence and emotional violence often occur.
Zhang Xiaoqin, a judge in the Changning People’s Court, said some people react aggressively when faced with the prospect of a relationship breaking up. One husband chopped off a finger to demonstrate how dead-set he was against a divorce, and other man gave his wife the silent treatment for weeks on end. The Shanghai No.1 Intermediate People’s Court, says 5 percent of domestic violence-related divorce cases involve emotional abuse.
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