No Support JavaScript

Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2022/05/26 00:15
:::

Chapter Law Content

Title: Domestic Violence Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 2 Civil Protection Orders
Section 1 Petition and Trial
Article 9
Civil protection orders (hereinafter “protection orders”) are divided into ordinary protection orders, temporary protection orders and emergency protection orders.
Article 10
A victim may file a petition with the court for an ordinary protection order or temporary protection order. If the victim is a minor, or suffers from a physical or mental disability or has difficulty in mandating an agent for any reason, the petition may be filed with the court by the victim’s legal representative or a relative by blood or by marriage within the third degree of kinship.
A prosecutor, the police department or a municipal or county (city) competent authority may file a petition with the court for a protection order.
No court costs is payable for the petition, revocation, alteration, extension or appeal of any protection order. Paragraph 4, Article 77-23 of the Code of Civil Procedure is applicable mutatis mutandis.
Article 11
The district court of the victim’s place of domicile or residence, the place of domicile or residence of the opposite party or the place of occurrence of an offense of domestic violence shall have jurisdiction over the petition of a protection order.
In an area with a juvenile and family court, the district court under the previous paragraph refers to the juvenile and family court.
Article 12
The petition for a protection order shall be made in writing. However, in case of imminent danger to the victim suffering from domestic violence, the prosecutor, police department or municipal or county (city) competent authority may file a petition for an emergency protection order verbally, by facsimile or by transmission through other technical equipment and the petition may be filed at nighttime or on a non-working day.
The place of domicile or residence of the petitioner or the victim is not mandatory for the petition under the previous paragraph and only an address for process of service is required.
To determine jurisdiction, the court may investigate the victim’s place of domicile or residence. If the petitioner or victim seeks confidentiality about the victim’s place of domicile or residence, the court shall conduct an interrogation in a confidential manner and the interrogation record and relevant data shall be sealed and viewing prohibited.
Article 13
In case of any omission of procedure or requirement in a petition for a protection order, the court shall enter a ruling to reject the petition. However, if the omission may be corrected, an order should be issued to demand the correction before a set deadline.
The court may investigate evidence and may conduct segregated interrogations if required.
If required, the segregated interrogations under the previous paragraph may be conducted outside the court pursuant to petition or on its own initiative. Any technical equipment allowing two-way transmission of voice and image and other proper segregation measures may also be used.
During a court trial, the victim may file a petition seeking the presence of any family member or social worker or psychologist, who may also state their opinions.
The trial regarding a protection order shall not be public.
Before the court completes the trial, it may listen to the opinions of the municipal or county (city) competent authority or social welfare institutions.
No mediation or settlement is allowed in a case of a protection order.
After the court accepts a petition for a protection order, the trial should be conducted swiftly. The issuance of a protection order shall not be delayed based on the reason of other cases between the parties that are under investigation or other pending litigation.
Article 14
After the trial, if the court confirms the facts of domestic violence and if the court deems it necessary, any or more of the following ordinary protection orders shall be issued pursuant to a petition or on its own initiative:
1. Prohibit the opposite party from committing acts of domestic violence against the victim or any child, youth or specific family member that witnessed the domestic violence.
2. Prohibit the opposite party from any act of harassment, contact, stalking, communication, correspondence or other unnecessary contact with the victim or any child, youth or specific family member that witnessed the domestic violence.
3. Order the opposite party to relocate from the place of domicile or residence of the victim or any child, youth or specific family member that witnessed the domestic violence and, if required, prohibit the opposite party from any use, collect benefits or disposition of its real property.
4. Order the opposite party to maintain a specific distance from the following locations: The place of domicile or residence of the victim or any child, youth or specific family member that witnessed the domestic violence, their school, workplace or other specific location that they frequent.
5. Determine the right to use any vehicle, motorcycle or other necessities of personal life, profession or education and, if required, order the handover thereof.
6. Make temporary rulings about the exercise the rights and assume the duties in regard to minors, ordering the contents and manner to be fulfilled, exercised or performed by one or both parties in a joint manner. Order the delivery of children if required.
7. Fix the time, location and manner for the opposite party meetings with minors and, if required, prohibit such meetings.
8. Order the opposite party to pay rental for the victim’s place of domicile or residence or the living expenses of minors.
9. Order the opposite party to pay expenses for the medical care, assistance, shelter or property damage of the victim or specific family member.
10. Order the opposite party to complete an offender treatment program.
11. Order the opposite party to bear certain attorney’s cost.
12. Prohibit the opposite party from viewing relevant information concerning the household registration, school registration or source of income of the victim and the minors under the victim’s temporary custody.
13. Issue other orders required for the protection of the victim or any child, youth or specific family member that witnessed the domestic violence.
Before the court makes a ruling under Subparagraph 6 or 7 of the previous paragraph, it shall take into consideration the best interest of the minors and shall seek opinions of the minors or their social workers if required.
Under the offender treatment program under Subparagraph 10 of the first paragraph, the court may order the opposite party to receive awareness education and assistance, parenting education and assistance and other assistance. The court may also order the opposite party to receive an appraisal regarding the necessity to provide other disposition programs. The municipal or county (city) competent authority may provide recommendations concerning the disposition program before the court makes its ruling.
The ruling under Subparagraph 10 of the first paragraph shall specify a period to complete the disposition program.
Article 15
An ordinary protection order is valid for two years or less and shall become effective from the time of issuance.
Before the ordinary protection order expires, the court may revoke, alter or extend the order pursuant to the litigant’s or victim’s petition. Each petition for an extension of a protection order shall not exceed two years.
The petition for an extension of the protection order may be filed by a prosecutor, police department or municipal or county (city) competent authority.
An ordinary protection order shall expire unless the court makes a confirmed ruling otherwise before its expiry.
Article 16
The court may issue a temporary protection order or emergency protection order without a trial.
In order to protect the victim, the court may issue a temporary protection order pursuant to a petition or on its own initiative before the trial for an ordinary protection order is completed.
When a court issues a temporary protection order or emergency protection order, it may issue an order under Subparagraphs 1 to 6, 12 or 13 of the first paragraph of Article 14 pursuant to a petition or on its own initiative.
After accepting a petition for an emergency protection order, if the court determines that the victim is subject to imminent danger of domestic violence based on the petitioner’s statement in court or by telephone, it shall issue an emergency protection order in writing within four hours. The court may also send the emergency protection order to the police department by telefax or through other technical equipment.
When a petitioner files a petition for a temporary protection order or emergency protection order before a petition for an ordinary protection order is filed, a petition for an ordinary protection order shall be deemed to have been filed when the court grants the petition.
A temporary protection order or emergency protection order is effective from the time of issuance and shall cease to be effective when the petitioner revoke the petition for an ordinary protection order, when the court completes the trial and issues an ordinary protection order or when the court rejects the petition.
Before a temporary protection order or emergency protection order expires, the court may revoke or alter the order pursuant to the litigant’s or victim’s petition or on its own initiative.
Article 17
Any protection order issued by a court to the opposite party in accordance with Subparagraph 3 or 4 of the first paragraph of Article 14 shall remain valid even if the victim or any child, youth or specific family member that has witnessed domestic violence agrees that the opposite party does not need to relocate or remain at a distance.
Article 18
Other than an emergency protection order, a protection order shall be sent to the litigant, the victim, the police department and the municipal or county (city) competent authority within 24 hours from issuance.
The municipal or county (city) competent authority shall register protection orders issued by the court for consultation by judicial and other authorities that enforce the protection orders.
Article 19
The court shall provide the environment and measures for the victim and witnesses to attend court hearings in a safe manner.
The municipal or county (city) competent authority shall establish or mandate a private organization to establish a service location to handle domestic violence cases in the local district court. The court shall provide the premises, any required software and hardware equipment and other relevant assistance, except in cases of difficulty for offshore courts.
In an area where there is a juvenile or family court in a district court, the court under the previous paragraph refers to the juvenile or family court.
Article 20
Unless otherwise provided in this chapter, the relevant provisions under the Family Affairs Act are applicable to the procedure for protection orders.
Unless otherwise provided, rulings concerning protection orders are subject to interlocutory appeals. Enforcement shall not be suspended during an interlocutory appeal.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)