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

Print Time:2022/12/05 02:49
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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 5 Prevention and Disposition
Article 48
In handling any domestic violence case, the police personnel shall adopt the following measures as required to protect the victim and to prevent the occurrence of domestic violence:
1. Provide guardianship at the victim’s place of domicile or residence or adopt other security measures required for the protection of the victim and his/her family members before the court issues an emergency protection order.
2. Protect the victim and his/her children in a shelter or medical organization.
3. Inform the victim of the rights, remedies and service measures that may be exercised.
4. Visit and warn the opposite party.
5. Visit the victim and his/her family members and provide required security measures.
In handling domestic violence cases, the police personnel shall prepare written records in the formats determined by the central police competent authority.
Article 49
In order to prevent acts of domestic violence or to protect the interests of the victim of domestic violence and when there is a concern that the victim may suffer from illegal physical or mental infringement, medical personnel, social workers, educational personnel and daily-life guidance personnel may seek required assistance from the police department.
Article 50
In performing their duties, if any medical personnel, social worker, educational personnel, daily-life guidance personnel, police personnel, immigration personnel or any other person enforcing prevention against domestic violence learns of any suspicious case of domestic violence, a report shall be filed with the local competent authority immediately within 24 hours.
The central competent authority shall determine the manner and contents of the report under the previous paragraph. The identity and any information relating to the reporter shall be kept confidential.
Upon receipt of a report, the competent authority shall handle the matter immediately and shall also evaluate whether any child or youth has witnessed domestic violence. If required, the competent authority may conduct or mandate another authority (institution) or organization to conduct visits and investigations.
In conducting visits and investigations, the competent authority or the mandated authority (institution) or organization may seek assistance from the police department, medical (healthcare) institutions, schools, condominium management committees and other relevant authorities (institutions), who shall provide cooperation.
Article 50-1
No promotional material, publications, radio, TV, Internet or other media shall report or record the name of any victim or his/her minors or any information that can be used to identify the victim or his/her minors, except with the consent of a victim with capacity to make juridical acts or if it is deemed necessary by the criminal investigation authority or judicial authority in accordance with law.
Article 51
If any of the following events occur with any call to the 24-hour hotline under Subparagraph 1 of the first paragraph, Article 8, the municipal or county (city) competent authority may trace the telephone number and address:
1. In order to eliminate imminent danger to the party’s life, body, freedom or property.
2. In order to prevent serious harm to any other person’s interests.
3. If the call to the hotline was made without justification, causing an interference with the performance of public duties.
4. In order to promote public interest or to prevent harm.
Article 52
No medical institution shall refuse treatment for any victim of domestic violence or refuse to issue any certificate of verification of injury diagnosis without justification.
Article 53
The central health competent authority shall establish and promote health education and promotion programs related to domestic violence prevention.
Article 54
The central health competent authority shall establish the regulations regarding domestic violence offender treatment programs, including the following:
1. Evaluation standards of the treatment programs.
2. Contacts and evaluation systems for the judicial authority, the enforcement authorities (institutions) of domestic violence victim protection programs and the enforcement authorities (institutions) of domestic violence offender treatment programs.
3. Qualifications of the enforcement authorities (institutions).
The central health competent authority together with the other relevant authorities shall be responsible for the promotion, development, coordination, supervision and other matters related to the domestic violence offender treatment programs.
Article 55
The enforcement authorities (institutions) of offender treatment programs may engage in the following:
1. Inform the judicial authority, the victim and his/her defender of the treatment programs received by the infringer.
2. Consult the information about the infringer’s treatment in other institutions.
3. Provide information on the infringer to the judicial authority, prison management committee, domestic violence prevention center and other relevant institutions.
If the infringer does not receive a treatment program, or if the number of hours received is insufficient, or if the infringer fails to comply with the requirements of the treatment program or engages in any conduct of intimidation or violence, the enforcement authority (institution) of the offender treatment program shall give notice to the municipal or county (city) competent authority and may also, if required, ask the municipal or county (city) competent authority to coordinate and handle the issue.
Article 56
The municipal and county (city) competent authorities shall prepare and make available to the victims of domestic violence written materials about their rights, remedies and services and shall also provide such materials to medical institutions and police authorities.
In performing their professional duties, medical personnel shall provide the materials under the previous paragraph to any patient known to be a victim of domestic violence.
No address of any shelter shall be identified in the materials under the first paragraph.
Article 57
The municipal and county (city) competent authorities shall provide medical institutions, public and private elementary schools and household registration authorities with information about domestic violence prevention so that the medical institutions, public and private elementary schools and household registration authorities can provide such relevant information to parents of newborns, parents of new students registering with elementary schools, persons of marriage registration or birth registration.
The information under the previous paragraph shall include the impact of domestic violence on children and family and domestic violence prevention services.
Article 58
The municipal and county (city) competent authorities may issue the following subsidies to the victims of domestic violence:
1. Emergency aid for living expenses.
2. Medical costs and the costs for physical and mental treatment, consultation and counseling beyond the scope of national health insurance.
3. Litigation and attorney’s costs.
4. Accommodation costs and housing rental.
5. Costs of children’s education, living expenses and nursing and childcare services.
6. Other required expenses.
The provisions under Subparagraphs 1 and 2 of the first paragraph apply mutatis mutandis to children and youths who have witnessed domestic violence.
The subjects, conditions and amounts of subsidies under the first paragraph shall be determined by the municipal and county (city) competent authorities.
Adult victims of domestic violence may apply for an entrepreneurial loan. The application qualifications, procedure, amount of interest subsidy, number of applicants and durations allowed, and other relevant matters shall be determined by the central competent authorities in charge of the relevant activities.
The competent authorities may request the relevant authorities (institutions), organizations, legal persons or individuals to provide the information required for the subsidy activities under the first and the fourth paragraphs. Such requests shall not be refused.
The competent authorities shall exercise due care as good administrators in relation to the information acquired in accordance with the previous paragraph and shall duly perform information security audit procedures. The custody, processing and use of the information shall be consistent with the provisions of the Personal Information Protection Act.
Article 58-1
The labor competent authority shall provide preparatory employment or supporting employment services to the victims of domestic violence who wish to be employed but who do not have sufficient working capabilities.
The regulations related to the preparatory or supporting employment services under the previous paragraph shall be established by the labor competent authority.
Article 59
The social administration competent authority shall provide on-the-job education concerning domestic violence prevention to social workers, family day care providers, childcare personnel, daily-life guidance personnel and other relevant social administration personnel.
The police competent authority shall provide on-the-job education concerning domestic violence prevention to police personnel.
The Judicial Yuan and the Ministry of Justice shall provide on-the-job education concerning domestic violence prevention to relevant judicial personnel.
The health competent authority shall provide or procure that the relevant healthcare organizations provide on-the-job education concerning domestic violence prevention to healthcare personnel.
The education competent authority shall provide on-the-job education concerning domestic violence prevention to guidance counselor, administration personnel, teachers, preschool educator and students of schools and kindergartens.
The immigration competent authority shall provide on-the-job education concerning domestic violence prevention to immigration personnel.
Article 60
High schools or lower level schools should have at least 4 hours of domestic violence prevention courses every school year. However, these courses may be provided under flexible arrangements throughout each school year as long as the total number of hours is respected.
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