Chapter 465: This is what I proposed

Listen to how that was said—is that even human speech?

Regardless, Zhou Yi sat there with a calm mind; this was the normal way for Fang Dazhuang to operate.

Huo Pengfei smiled broadly. It's here, it's here, this is the flavor; the moment Fang Dazhuang opens his mouth, he makes people feel like they're headed for a Criminal Case.

Actually, Huo Pengfei was also very curious now about what kind of method Fang Dazhuang would use to get the other party inside.

He had been too busy lately; among the entire Company, his lawsuits were the most numerous, and every day he was either in Court or on the way to Court.

Even when at the Company, he had to provide consultations, which led Huo Pengfei to want to suggest to President Zhou right now that they hire a few more legal staff.

Wang Daoren and Zhang Wei... although they were okay, some Employees in the Company didn't really recognize them.

The Lawyer industry follows the 80/20 rule, just like doctors; once a doctor becomes famous, everyone will seek them out.

Only Yin Dajie sat there looking dazed as she listened to this Lawyer Fang; wasn't this about the issue of divorce? How did it suddenly veer into the territory of sending the other party to prison?

Why does this man with not much hair not look like a good person?

It's just that Fang Dazhuang didn't know what Yin Dajie was thinking, otherwise he would definitely tell her: who said I was a good person?

Good people get guns pointed at them and get morally kidnapped by others, so I am unwilling to be a good person; I am just a Lawyer.

The law is the "bottom line"; on the basis of being reasonable and legal, it is understandable if you call me a piece of scum.

"Lawyer Fang, really, can you really send him inside? But, but I already called the police, and there wasn't even any Detention!" Yin Dajie asked hurriedly.

Her mood before calling the police was particularly bad; she really wanted her husband to go to jail.

It's just a pity there was no way; for one, the beating wasn't heavy enough, and for another, they are husband and wife—in the words of some, this is indeed a blank space in the law.

Domestic Violence, if it were two people who didn't know each other, would be a clear case of Picking Quarrels and Provoking Trouble, and you would be given five or ten days of Detention and fined several thousand yuan without question.

But precisely because it is Domestic Violence, the Police Station has a hard time handling it and needs to consider it comprehensively.

"So, if I want him to go to jail, then... how much money do I need to prepare?"

If it were any other Lawyer, Yin Dajie would definitely think the other party was talking nonsense, but this one is a good friend of President Zhou, and he has turned many divorce Litigations into Criminal Cases.

So she felt that this Lawyer Fang must have some special connections, and money would be a necessity.

Hearing this, Fang Dazhuang laughed immediately: "Director Yin, what are you doing? All my actions are legal; even if you gave me money, I wouldn't help you if it weren't!"

"Besides, I am just giving you a suggestion; I am just a Lawyer, not a wizard. The prerequisite for the other party to go inside is that he continues to break the law!"

The others all felt that Fang Dazhuang's words were very correct; it really was like that.

Even if Fang Dazhuang were as awesome as could be, if the other person keeps their nose clean and breaks no laws, he can't just manufacture a law to send them inside.

That kind of Fang Dazhuang wouldn't be Fang Dazhuang.

Only Yin Dajie sat there with a slightly flushed face; after hearing Fang Dazhuang's words just now, she really thought he could send her husband to jail just like that...

"Alright, Director Yin, I won't joke anymore. Although I do have some experimental ideas for coming here this time, Huo Pengfei's divorce Litigation still needs to be fought."

"It's just that during this time, you will definitely have to stay at home, so we must prevent the other party from committing Domestic Violence against you again; at the very least, there must be a tight-fillet spell on the other party's head."

Having said this, Fang Dazhuang looked at Huo Pengfei: "Lawyer Huo, you should have done quite a bit of practical work recently; do you know about the Personal Safety Protection Order?"

Personal Safety Protection Order?

Of course Huo Pengfei knew about this thing; anyone who has received legal education in the system would understand it, and some local courts in the United States have already played with this thing to great effect.

"Teacher Fang, I know this; it is a type of protective writ issued by relevant courts for specific parties, an extremely important part of the common law in the United States, but we are different..."

Few people know that in our country, the Anti-Domestic Violence Law, which began implementation on March 1st, 2016, already established the relevant system for Personal Safety Protection Orders.

You can tell what this is for just by the name; Domestic Violence is long-term, and in divorce Litigations, various situations of Domestic Violence emerge one after another.

However, in practice, for various reasons, the Personal Safety Protection Order has never been valued.

Many people don't even know that the Anti-Domestic Violence Law exists, so they know even less about this judicial writ.

"We are indeed different. It was hard to handle in the past, but it's different now. The Supreme People's Court issued the 'Provisions on Several Issues Concerning the Application of Law in Handling Personal Safety Protection Order Cases' last month. This Judicial Interpretation is very detailed!"

"I suggest you take a look, and according to the Judicial Interpretation, Yin Dajie's situation this time can be fully applied!"

Fang Dazhuang said with a natural expression.

The Supreme People's Court issued another Judicial Interpretation, and it was issued last month—it's only been a few days.

But Huo Pengfei understood instantly; in the past, although the Anti-Domestic Violence Law had set this thing up.

But anyone who has read the legal articles knows that legal articles are generally highly generalized; you can understand them from this aspect, or you can understand them from another.

But it's different with a Judicial Interpretation.

"The relevant Judicial Interpretation has clear provisions: where a party applies to the People's Court for a Personal Safety Protection Order in accordance with the Anti-Domestic Violence Law due to suffering from Domestic Violence or facing the realistic danger of Domestic Violence, the People's Court shall accept it!"

"Moreover, the current Personal Safety Protection Order does not take the filing of a divorce or other Civil Litigation as a condition!"

Fang Dazhuang finished explaining the situation and then said: "So, Director Yin, my suggestion is to apply for a protection order to prohibit them from having any further acts of Domestic Violence."

"And if the other party still has acts of Domestic Violence after the Personal Safety Protection Order is issued, then we can file a Criminal Private Prosecution with the People's Court in accordance with the provisions on the crime of Refusal to Execute Judgment or Ruling; it's perfect."

Having said this, Huo Pengfei understood completely; he had been busy with Litigations during this time and had indeed neglected theory a bit.

It was mainly that he hadn't expected the Supreme People's Court to actually issue a Judicial Interpretation in this regard.

With this protection order, there is now a concrete basis for going to the Court to apply in the future, because it provides detailed regulations on what needs to be done and what evidence needs to be taken for the application.

It can be said that it points out a path for many people, unlike before, where it all relied on the Court's discretion to decide.

Zhou Yi also shook his head; Fang Dazhuang seems to have been at odds with the crime of Refusal to Execute Judgment or Ruling recently; this is already the second time he has mentioned it.

Yin Dajie listened until her eyes were spinning in circles; is it true that the law has provisions in this regard?

Actually, this protection order is somewhat similar to Behavioral Preservation, though the scope is not as broad and it only applies to family relationships.

But the degree of protection is much stronger than that!

A protection order can even go so far as to prohibit you from seeing the other party!

As a financial director, she is not completely ignorant of the law, but listening to the other party, she felt that this Lawyer Fang seemed extremely familiar with this whole process...

Could it be that he did it this way in the past?

But talk is talk, this protection order still made Yin Dajie very tempted.

If one wishes to file for divorce again, in the absence of new grounds, one must wait six months.

However, with new grounds, one can file for litigation again.

This was the path Huo Pengfei had previously envisioned; the previous lawsuit was based on the other party's infidelity, so this time, domestic violence can be added.

During this period, there must be a means to protect oneself.

Therefore, after thinking it over, Yin Dajie quickly gave her answer: "Then let Lawyer Fang handle it all."

With the matter discussed, Huo Pengfei drafted the relevant agreements; because Fang Dazhuang is not a member of the Legal Department, a contract with the law firm is still required.

And it is necessary to utilize the Legal Aid Fund.

This was simple; Zhou Mouren was right there, signed directly, and then it was just a matter of financial affairs.

Regarding finances, Yin Dajie is the boss, and then... she also signed and stamped it directly, and the procedures were completed.

After Yin Dajie left, Huo Pengfei hesitated for a long time before saying: "Teacher Fang, although the Supreme People's Court has issued a Judicial Interpretation, you don't have to be this enthusiastic, right?"

"It has only been released for a few days; perhaps many courts below have not fully grasped it yet. Will doing this..."

Fang Dazhuang smiled and said: "Because, this Judicial Interpretation was pushed out by some of us."

"Don't you think our judicial system needs to increase its intervention in Domestic Violence? 'The era of the law not entering the home has passed'."

Having said that, Fang Dazhuang picked up his messenger bag, walked out of the Legal Department just like that, and began humming again:

"I am but a carefree man from Wolonggang, relying on Yin and Yang like turning over a palm to secure the universe..."

It was that familiar aria; Fang Dazhuang seems to like it very much, humming a few lines whenever he does something he enjoys.

Only Huo Pengfei was left behind, dumbfounded.

Zhou Yi looked at Huo Pengfei and sighed; Lao Huo is truly miserable, Fang Dazhuang's showboating was just too much.

"Pushed by some of us..."

A single sentence was enough to cause Huo Pengfei's Dao heart to collapse.

We are here working hard to study the Supreme People's Court's Judicial Interpretation, and it turns out that he... damn it!

No wonder; Fang Dazhuang has always been asking him to find suitable cases. He definitely didn't mean to just show off; Fang Dazhuang doesn't have that kind of bad taste.

It seems he wants to put it into practice and, by the way, create a Case Analysis.

The first Case Analysis after the release of the Judicial Interpretation, and it is classic in every aspect—just ask yourself, would you choose it or not!

Fang Dazhuang returned to the law firm and began preparing the evidence.

Huo Pengfei did well in this regard; calling the police is truly important!

It is not about what the police do, but about leaving a record, and if possible, having the Public Security Bureau issue a Family Violence Warning Letter.

When this item is submitted during the court hearing, its probative value is extremely high, absolutely much better than the evidence you gather privately.

There is also the injury report from when Yin Dajie went to the hospital for an examination.

Combined with the time of the police report, the inquiry records, and so on, it is sufficient to form a complete Evidence Chain.

In Fang Dazhuang's words, the introduction of this Judicial Interpretation was itself pushed by people like them.

Because of this, Fang Dazhuang knows the provisions within it by heart...

Fully grasp it? No need; this thing was created by me, do you think I need to fully grasp it?

It took a long time, but Fang Dazhuang finished organizing the relevant evidence.

Checking the time, it was already past four in the afternoon; he hurried downstairs, drove straight to the Court, and had to submit it to the Court as soon as possible.

Like applications for Behavioral Preservation or Property Preservation, they must all be submitted at the relevant windows of the Court.

A specialized department of the Court conducts a review and then makes a decision on whether or not to issue it; if a protection order is not issued, reasons must be given.

Arriving at the Court without stopping, there were still quite a few people in the Case Filing hall; Fang Dazhuang walked in leisurely, and many people started greeting him again.

"Teacher Fang, are you here to relax again? Are you doing another Criminal Private Prosecution this time?" someone joked.

"Hey, what are you saying? How could I be doing Criminal Private Prosecution all day long? I'm just here to submit an application."

These people are spreading rumors again; he, Fang Xujing, seems to be the type who sends people inside all day long, although it is indeed a bit frequent...

But who can help it when there are so many disgusting things and disgusting people in society? After seeing them, if you don't send the other party in, you just feel uncomfortable.

Zhou Yi believes that this is a sickness of Fang Dazhuang's that needs treatment.

He arrived at the window, greeted the young lady working inside, and handed over the relevant materials.

"Teacher Fang, is this an application for a Personal Safety Protection Order?" the young lady inside asked with some curiosity.

To be honest, in this day and age where domestic violence is on the rise, the Guangming District Court has actually not issued many Personal Safety Protection Orders in the past.

After all... old-fashioned thinking is at work; regarding matters within a family, unless it is truly very serious, the Court generally prefers Mediation.

Moreover, the previous Anti-Domestic Violence Law did not have very detailed regulations, and each local Court had its own standards for how to handle things specifically.

Deciding for themselves.

This also led to being extremely cautious about issuing Personal Safety Protection Orders.

Being cautious itself is not a problem, but placed in the current general environment, it led to the emergence of all kinds of problems.

And then there were those typical cases, such as a certain celebrity committing domestic violence against his wife, which was filmed by a Camera placed by the other party and released, triggering widespread discussion...

Many people commented, does someone have to be beaten to death before anyone cares?

It sounds very magical, but if you say the celebrity didn't know to apply for a protection order, that is definitely not the case; it is mainly due to realistic reasons.

Therefore, under various factors, the Supreme People's Court issued the relevant Judicial Interpretation, and Fang Dazhuang put it into practice.

The young lady working there took the materials and began to review them; this is only a formal review, while the issuance of a judicial writ requires a substantive review.

The purpose of this work is just to see what is still missing.

No problem, everything is complete.

"Teacher Fang, I personally feel that this application of yours is not very easy to pass, after all, this..."

Before the staff member could finish speaking, Fang Dazhuang smiled and said: "Didn't the Judicial Interpretation on this aspect just get released a few days ago? So you should also take a look, compare it, and consider it a bit of study."

Just as Huo Pengfei said before, the Court might not have fully grasped the relevant Judicial Interpretation, so submitting it at this time is a bit difficult.

Or one could say, if a different Lawyer were involved, the situation would be different.

The young lady staff member nodded; she certainly knew that a relevant Judicial Interpretation had been released, but she hadn't studied it yet.

Judges at grassroots Courts are busy to the point of exploding, but you must still do the required learning; the law requires lifelong learning, and if you, as a judge, do not study, that certainly won't do.

But the sheer number of cases is also explosive, so the depth of this study has to be compromised; this is a realistic problem.

She could only smile and say, "Lawyer Fang's speed is truly fast."

After putting down the application and materials, Fang Dazhuang left the Court directly.

This review requires time, and there are procedural regulations, so there is no need to rush.

And after Fang Dazhuang left, the relevant personnel began to conduct a substantive review.

Someone felt that it had only been a few days since the Judicial Interpretation was released, yet it was already being used; they wanted to find some problems with it!

However, after comparing it point by point according to the provisions of the Judicial Interpretation, they discovered that the materials were, damn it, truly complete...

There were even places that they, the reviewers, hadn't considered, but the other party had.

This... this felt like a dimensionality reduction strike.

The workday ended, but Yin Dajie didn't go home and stayed at the Company instead; these Tengda executives all had bedrooms in their own offices where they could stay.

In the words of Fang Dazhuang, a gentleman does not stand under a dangerous wall.

Why go home in this situation? Just wait for the protection order to come out.

Moreover, even with a protection order, one must still pay attention to personal safety; if the other party is determined to kill you, what does it matter if you eventually get them the Death Penalty?

Just like many of us experienced drivers, when we encounter a dump truck on the road, we don't get too stubborn; we yield when we should, and we dodge when we should.

This is not to say that we shouldn't be principled, but by comparison, one's own life is more important!

This kind of principle is for after the fact, not for driving your little car to collide head-on with someone else's dump truck...

It was just very clear that even if Yin Dajie didn't go home, she couldn't hide, because her phone kept ringing.

She didn't answer the calls, so the messages kept pouring in.

"Are you still not coming back? Are you not going to cook? Mom is still waiting!"

"If you don't come back, I'm going to your Company to find you. What kind of woman doesn't cook? Hurry up!"

"It's this late and still no word, what are you doing? You have a young lover outside, don't you? You just wait!"

Originally, Yin Dajie wanted to block the other party, but after thinking about it, she just treated it as entertainment; it wasn't necessary.

It was just a pity for her daughter, who had only just started high school, but there was no other way; others might endure it for the sake of their children, but she couldn't!

At home, Li Changming had a gloomy face and was very dissatisfied; so many people had come to the house, and she had actually played disappearing act and wasn't cooking!

"Mom, you all wait here first, I'll go to her Company and ask."

The old lady opposite frowned and said, "Sigh, you say if she hates me and wants me to leave, she could just say so; there's no need to be like this..."

Hearing this, Li Changming felt even more uncomfortable and stood up to leave.

It was just as well that Zhou Mouren wasn't there, otherwise he would truly have sighed.

Some elderly people are really strange; it feels like they are trying hard to stir up trouble, as if they aren't happy unless their son and daughter-in-law are living well; it's quite magical...

In this regard, one can only say that those screenwriters of mother-in-law and daughter-in-law melodramas must have experienced it themselves, otherwise there's no reason they would all churn out happy endings that make people feel sick.

Today's first update, five thousand words. Thanks to Brother Christ9038, Brother Xiaoyan, Brother Silver Coin on the Ground, Brother I Am in a Dream, Brother Another Newbie, Wenchidage, and Brother Book Friend 2020. Thanks to the brothers for the tips, thank you.

(End of chapter)