Staff of a domestic violence complaint center in Shenyang, Liaoning Province, receive people seeking their help and protection (CFP)

In the eyes of her friends and neighbors, Li Fang (her real name has been withheld to protect her identity) had been living a perfect life of domestic bliss. So when she filed for divorce in early September, it took them by surprise as few had known about the dark cloud hanging over her marriage.

"Many people think I have a happy family as I have two lovely children and my husband owns a big company," said Li, who comes from Lianyungang, a city in east China's Jiangsu Province. "But actually, no. I hid my pain as I was loath to tell anyone."

The pain was the violence she was subjected to by her husband. "There was a very popular TV series, Don't Respond to Strangers , about a husband who pretended to love his wife in front of neighbors and friends but beat her when they were alone at home. My husband was just like him," Li said.

At first, she was reluctant to talk as she felt what happens inside the family should stay inside the family. But when she learned that the national legislature was about to pass the country's first anti-domestic violence law to punish those who abuse family members, she changed her mind. "The law comes late, but better [late] than never," she said.

Though the anti-domestic violence law was proposed more than 20 years ago, the draft was submitted to the Standing Committee of the National People's Congress for review in late August.

"Once the law comes through, I believe more people will stand up and speak about their hidden pain, like what I am doing," said Li.

(CFP)

Out in the open 

There is a saying in China that no one can settle family disputes, not even the best judge. Swayed by that traditional concept, many women try to maintain the image of a "happy family" even when experiencing serious domestic violence. Indeed, many even think the police should not interfere in Chinese family affairs. So the role of the police is usually limited to trying to persuade the abusers to stop, instead of investigating such cases and bringing the guilty to justice.

"This law, once it becomes effective, will encourage more people--especially women and children, who are the usual victims of domestic violence--to break the silence so that those who abuse them can be punished," said Cao Dongmei, Director of the Anhui Provincial Lawyers' Association's Marriage and Family Law Committee. Cao has been dealing with family disputes for 25 years, half of which are related to domestic violence.

The draft legislation says it is not just the victims and their relatives who should report incidents of domestic abuse to the police; other parties--such as schools, kindergartens and hospitals--should also report such incidents or suspected domestic violence.

"Domestic violence usually happens secretly in private places, making it hard for outsiders to detect it. But schools and hospitals can discover tell-tale signs," said Li Dajin, Director of the Beijing Lawyers' Association. "It is the responsibility and obligation of school and hospital staff to report domestic violence and suspected domestic violence cases to police."

Neighbors and even casual witnesses should also report domestic violence if they have seen or heard such incidents, Cao added. "The draft sends a strong signal to the whole of society: domestic violence is not a private issue," she said.

More protection needed

The law defines domestic violence as activities that violate the rights of family members, such as beatings, tying them up, injuring them and restraining them.

However, observers have pointed out that the definition is too narrow and doesn't cover all those who need to be protected. According to China's current laws, cohabitants--couples who live together without legal formalities--are not considered family members and are, therefore, not protected by the Marriage Law. But in reality, violence occurs between cohabitants as well.

"Cohabitants should not be ignored by the law," said Xia Yinlan, a professor at the China University of Political Science and Law in Beijing. "Cohabitants are in a relationship just as couples are; only, they are not registered in government departments."

But there are different views on this. Tang Xinbo, a professor at Beijing-based Renmin University of China, argues that cohabitants should not be covered by the anti-domestic violence law. According to him, violence during the cohabitation period can be resolved by one party moving away. In countries such as the United States, South Africa, Spain and France, anti-domestic violence laws apply to cohabitants as well.

"In China, cohabitation relationships are not recognized by the Marriage Law, so cohabitants are not covered by the anti-domestic violence law," explained Li Mingshun, a professor at China Women's University in Beijing. "They do not go through marriage registration procedures and cannot be regarded as family members."

Restraining order 

Li Li (not her real name), an abused wife in Changsha, capital of central China's Hunan Province, divorced her husband in 2008. Knowing his fierce temper, she applied for a restraining order to protect herself. She said she took the right step.

"With the restraining order, my ex-husband has not beaten or threatened me even though we still live quite near," Li Li said. "He knows what the court will do to him if he attacks or threatens me again."

Restraining orders are a benefit of the draft law. According to Article 23 of the draft, any victim of domestic violence and those threatened by domestic violence can file for a restraining order, and the court must grant it or deny the request within 48 hours.

The new thing about restraining orders in the draft law is that unlike in the pilot project, it is no longer related to lawsuits, which means victims of domestic violence can apply for it any time without having to file a lawsuit. "This is the most notable highlight in the draft law," said Chen Min, a researcher with the China Institute of Applied Jurisprudence.

According to her research in the Yuelu District Court in Changsha, more than 98 percent of the orders issued by the court can be carried out. "The seven-year pilot project has garnered abundant experience for the system's formal launch," Chen said.

Of the 35 articles in the draft law, nine are related to the restraining order. The law also makes it clear that once the restraining order is granted, not complying with it will constitute a violation. Any violation of a restraining order will be subject to a fine of up to 1,000 yuan ($158) or detention for up to 15 days. A restraining order will be effective for six months.

The restraining order system, formally stipulated in the draft law for the first time, was tested in a pilot project in August 2008. In the seven years since then, more than 500 such orders have been granted. A high-profile case is that of Li Yang, founder of Crazy English, a popular English language training program in China. His American wife Kim Lee applied for a restraining order while filing for divorce in February 2013, alleging he beat her.

Copyedited by Sudeshna Sarkar

Comments to yanwei@bjreview.com