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

Print Time:2022/12/09 07:28
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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 2 Enforcement
Article 21
The litigant and the relevant authorities shall duly comply with a protection order once it is issued, as well as the following provisions:
1. A protection order that prohibits the use, collect benefits or disposition of real property or a protection order for monetary payment may be used as entitlement foreclosure. The victim may petition the court for compulsory enforcement in accordance with the Compulsory Enforcement Act. The enforcement fee may be exempted temporarily.
2. The application for the enforcement of any protection order regarding visitation with minors in any location put in place by the municipal or county (city) competent authority or any protection order regarding visitation with minors under the supervision of the municipal or county (city) competent authority or its personnel shall be filed by the opposite party with the municipal or county (city) competent authority.
3. Any protection order to complete an offender treatment program shall be enforced by the municipal or county (city) competent authority.
4. The application to enforce any protection order that prohibits viewing of relevant information shall be filed by the victim with the relevant authority.
5. Other protection orders shall be enforced by the police department.
A request for assistance may be filed with the police department as required for enforcement under Subparagraph 2 or 3 under the previous paragraph.
Article 22
The police department shall protect victim to the victim’s or the opposite party’s place of domicile or residence in accordance with the protection order and shall ensure their secure possession of their place of domicile or residence, vehicle, motorcycle or other necessities of personal life, profession or education.
If the opposite party fails to handover any deliverable items in accordance with a protection order, the police department may enter into any residence, building or other places where the deliverable items are located pursuant to the victim’s requirements, in order to remove the deliverable items from the opposite party’s possession or to seize the deliverable items and hand them over to the victim.
Article 23
If the opposite party fails to deliver any relevant certificate, document, seal or other proof together with any items referred to under the previous article, the police department may also collect and hand it /them over to the victim.
If any item of proof under the previous paragraph is not collected and handed over, the victim may file an application with the relevant competent authority for alteration, annulment or re-issuance, if the deliverable item belongs to the victim. If the deliverable item belongs to the opposite party and has been issued by an administrative authority, the victim may ask the original issuing authority to issue a replacement certificate or document during the validity period of the protection order.
Article 24
If the obligor fails to deliver any minors in accordance with a protection order, the obligee may petition the police department to order the delivery by the obligor before a deadline. If the obligor fails to deliver the child before the deadline, the protection order that requires the delivery of the minors may serve as entitlement foreclosure and the obligee may petition the court for compulsory enforcement. The execution fees may be exempted temporarily.
Article 25
If the obligor fails to visitation with minors in accordance with a protection order, the enforcement authority or the obligee may proceed in accordance with the previous article and may petition the court for a alteration to the protection order.
Article 26
When a litigant is granted temporary exercise the rights and assume the duties in regard to a minors in accordance with Subparagraph 6 of the first paragraph, Article 14, such litigant may file an application with the household registration authority through the protection order to seek alteration of the minors movements registration.
Article 27
Before the end of the enforcement procedure, a litigant or any interested person may file an motion of objection with the enforcement authority against the manner of enforcement of the protection order, the procedure to be followed or other infringements upon his/her interests.
If the enforcement authority considers that the motion of objection under the previous paragraph to be meritorious, it shall immediately suspend the enforcement and shall revoke or correct any enforcement that is already being carried out. If the authority considers the objection meritless, it shall provide its opinion and submit the matter to the court that issued the protection order within 10 days for a ruling to be rendered by the court.
The court ruling under the previous paragraph is non-appealable.
Article 28
A protection order against domestic violence issued by a foreign court may be enforced after a petition is filed with a court of the Republic of China and after a ruling of recognition has been rendered by the court.
If the protection order against domestic violence issued by a foreign court and recognized by the court following the litigant’s petition has any of the events listed under Subparagraphs 1 to 3 of the first paragraph, Article 402 of the Taiwan Code of Civil Procedure, the court shall dismiss the petition.
If the protection order against domestic violence is issued by a foreign court in a country where the protection orders issued by the courts of the Republic of China are not recognized, the court may dismiss the petition.
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