"Furthermore, the current personal safety protection order does not require the filing of civil lawsuits such as divorce!"
Attorney Fang finished explaining the situation and then said, "So, Director Yin, my suggestion is to apply for a protection order to prohibit him from committing any further acts of domestic violence."
"And if the other party continues to engage in domestic violence after the personal safety protection order is issued, we can file a criminal private prosecution with the People's Court in accordance with the provisions of the crime of refusing to execute a judgment or ruling. That's perfect."
At this point, Huo Pengfei finally understood that he had been so busy with the lawsuit that he had indeed neglected the theory.
The main thing is that I didn’t expect the Supreme Court to issue a judicial interpretation in this regard.
With this protection order, you will have a specific basis for applying to the court in the future, because there are detailed regulations on what needs to be done in the application and the evidence to be collected.
It can be said that it has pointed out a way forward for many people, unlike before when all decisions were made at the court's discretion.
Zhou Yi also shook his head. It seemed that Attorney Fang had recently been arguing with the crime of refusing to execute a judgment. This was the second time he had mentioned the crime of refusing to execute a judgment.
Sister Yin felt so dizzy after hearing this. By the way, are there any legal regulations in this regard?
In fact, this protection order is somewhat similar to behavioral preservation, but its scope is not as wide and it only applies to family relationships.
But the level of protection is much stronger than that!
A protection order can even go so far as to prohibit you from seeing the other person!
As the director of finance, she wasn't completely clueless about the law. She just listened to what the other party said and felt that Lawyer Fang's procedures seemed very familiar...
Could it be that he had done this before?
But no matter what, this protection order still makes Sister Yin very excited.
If you want to file for divorce again, you have to wait six months without new grounds.
But new grounds can be raised to re-file the lawsuit.
This was the path Huo Pengfei had envisioned before. The previous prosecution was based on the other party's infidelity, so this time, domestic violence can be added.
During this time, you must have a way to protect yourself.
So after thinking about it, Sister Yin quickly responded: "Then it will all be handled by you, Lawyer Fang."
After the matter was discussed, Huo Pengfei drafted the relevant agreement. Since Fang Dazhuang was not a member of the legal department, he still needed to sign a contract with the law firm.
And legal aid funds need to be used.
This is easy. Mr. Zhou is right there, so he just signs and then it’s a matter of finance.
In terms of finance, Sister Yin is the boss, and then... she just signed and stamped, and the procedures were completed.
After Sister Yin left, Huo Pengfei hesitated for a long time before speaking: "Teacher Fang, although the Supreme Court has issued a judicial interpretation, you don't have to be so enthusiastic, right?"
"It's only been a few days since it was released. Perhaps many courts down below haven't fully understood it. Will this..."
Attorney Fang smiled and said, "Because this judicial interpretation was pushed forward by some of us."
"Don't you think our justice system needs to get more involved in domestic violence? The days of 'the law is out' are over."
After saying that, Fang Dazhuang picked up his messenger bag and walked out of the Legal Department, humming again:
"I was originally a carefree person from Wolonggang, but I can control the world with the power of yin and yang..."
It was still the familiar lyrics. Fang Dazhuang seemed to like it very much. He would hum a few lines every time he did something he liked.
Only Huo Pengfei was left standing behind, dumbfounded.
Zhou Yi looked at Huo Pengfei and sighed. Old Huo was really miserable. Mr. Fang was too pretentious.
“Some of us pushed for…”
Just one sentence can make Huo Pengfei's faith collapse.
We are here working so hard to study the judicial interpretations of the Supreme Court, but the result is... Damn it!
No wonder, Mr. Fang has been asking me to find a suitable case. He certainly doesn't mean to be pretentious. Mr. Fang doesn't have such a bad taste.
It seems that he wants to put it into practice and at the same time create a classic case of interpreting the law through cases.
This is the first classic case after the release of the judicial interpretation, and it is a classic in all aspects. I just want to ask you, do you choose it?
Attorney Fang returned to the law firm and began to prepare evidence.
Huo Pengfei did a good job in this regard. It is really important to call the police!
It’s not about asking the police to do anything, but to keep a record and, if possible, ask the public security organs to issue a domestic violence warning letter.
When you hand this over during the court session, it will be very powerful as evidence and will definitely be much better than the evidence you collect privately.
There is also the injury report of Sister Yin after she went to the hospital for examination.
Combined with the time of reporting the crime, interrogation records, etc., it is enough to form a complete chain of evidence.
In the words of Mr. Fang, the issuance of this judicial interpretation was driven by people like them.
Therefore, Fang Dazhuang was very familiar with the rules...
Understand it thoroughly? No need, this thing is made by me, do you think I need to understand it thoroughly?
It took Fang Dazhuang a long time to organize the relevant evidence.
Looking at the time, it was already past four in the afternoon, so I hurried downstairs and drove straight to the court. I had to submit it to the court as soon as possible.
It is the same as the application for behavior preservation or property preservation, and must be submitted to the relevant window of the court.
A special department of the court will review the case and decide whether a protection order should be issued. If a protection order is not issued, reasons must be given.
They arrived at the court without stopping. There were still quite a few people in the case filing hall. Lawyer Fang walked in leisurely, and many people began to greet him.
My dear, there is more to this chapter. Please click on the next page to continue reading. It will be even more exciting later!
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