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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 1 General
Article 1
This Act is established in order to prevent acts of domestic violence and to protect the interest of the victims.
Article 2
The terms used in this Act are defined as follows:
1. Domestic violence: Means an act of harassment, control, threat or other illegal action conducted against any family member that is physical, psychological, or economical in nature.
2. An offense of domestic violence: Means a criminal offense stipulated by another law due to an act of domestic violence committed in a willful manner against a family member.
3. To witness domestic violence: Means to see or directly know about domestic violence.
4. Harassment: Means any language or gesture that interrupts, warns, mocks or insults any other person, or any conduct that causes a psychological scenario of fear.
5. Stalking: Means monitoring, following or controlling another person’s whereabouts and activities in a continuous manner through any person, vehicle, tool, equipment, electronic communications device or any other manner.
6. Offender treatment program: Means awareness educational assistance, parenting educational assistance, psychological assistance, psychiatric treatment, detoxification treatment or other assistance or treatment provided to the offender.
Article 3
A family member defined in this Act includes the following members and their minors:
1. Spouse or former spouse.
2. Persons with an existing or former cohabitation relationship, a relationship between a householder and household members or a relationship between household members.
3. Persons with an existing or former relationship between lineal relative by blood or lineal relative by marriage.
4. Persons with an existing or former relationship between collateral relative by blood or collateral relative by marriage within four degrees of kinship.
Article 4
The competent authority referred to in this Act is the Ministry of Health and Welfare at the central level, the municipal governments in municipalities and the county (city) governments in counties (cities).
In relation to the matters provided in this Act, the competent authority and competent authorities in charge of the relevant activities shall take the initiative to plan the required protection, prevention and promotional measures within the scope of their responsibilities in accordance with the requirements of prevention against domestic violence, while respecting the differences of diversified cultures. They shall make their best efforts to provide cooperation for prevention activities involving the relevant authorities. The responsibilities are as follows:
1. Competent authority: Planning, promotion and monitoring of domestic violence prevention policies, establishment of regulations for cross-authority (institution) cooperation, regular publication of statistics related to domestic violence and other matters.
2. Health competent authority: Certification of injuries suffered by victims of domestic violence, evidence collection, physical and mental treatment, consultation, offender treatment and other related matters.
3. Education competent authority: Education of prevention against domestic violence in all levels of schools, assistance measures for children and youths who have witnessed domestic violence, protection of the interest of victims of domestic violence, the education rights of their children and other related matters.
4. Labor competent authority: Vocational training for victims of domestic violence, employment services and other related matters.
5. Police competent authority: Physical security of the victims of domestic violence and their minors, emergency measures, investigation of domestic violence offenses, statistics of criminal cases and other related matters.
6. Legal competent authority: Criminal matters such as the investigation of domestic violence offenses, correction and prevention of re-offense and other related matters.
7. Immigration competent authority: Assisting spouses of foreign nationalities and spouses from Mainland China, Hong Kong or Macau who have overstayed in Taiwan due to domestic violence in obtaining resident permits, their residence, assistance with their stay in Taiwan or protection of their resident rights and other related matters.
8. Culture competent authority: Handling of publications in violation of the stipulations of this Act and other related matters.
9. Communications competent authority: Handling of radio, TV, other communication media in violation of the stipulations of this Act and other related matters.
10. Household registration competent authority: Personal status, household registration of the victims of domestic violence and their minors and other related matters.
11. Other measures against domestic violence shall be performed by the competent authority in charge of the relevant activities in accordance with their duties.
Article 5
The central competent authority shall perform the following matters:
1. Study and establishment of legislations and policies against domestic violence.
2. Coordination with and supervision over the relevant authorities concerning the execution of matters related to domestic violence.
3. Increase the service efficiency of relevant institutions for the prevention of domestic violence.
4. Supervision and promotion of education on preventing domestic violence.
5. Coordination of victim protection programs and offender treatment programs.
6. Assist public and private institutions to establish a procedure for handling domestic violence.
7. Consolidated establishment and management of an electronic database of cases of domestic violence for use by judges, prosecutors, police, doctors, nursing staff, psychologists, social workers and other government authorities, while keeping the victims’ identities confidential.
8. Assist local governments to promote domestic violence prevention activities, providing assistance and subsidies.
9. Investigation and analysis of issues of domestic violence, current status of prevention and requirements shall be conducted every four years. Regular publication of relevant statistics and analysis data such as the number of deaths caused by domestic violence, various types of subsidies and expenditures for medical care and other related statistical analysis. All relevant authorities should cooperate with the investigation and provide statistics and data analysis.
10. Other matters related to domestic violence prevention.
To perform the activities under the previous paragraph, the central competent authority should invite (assign) scholars and experts and representatives of private organizations and relevant authorities to provide advice. The number of scholars, experts and representatives of private organizations shall represent not less than 1/2. Each gender shall be represented by at least 1/3.
The central competent authority shall determine the rules for the establishment, management and use of the electronic database under Subparagraph 7 of the first paragraph.
Article 6
To reinforce the promotion of work related to the prevention of domestic violence and sexual assault, the central competent authority shall establish a fund. The rules for the expenditure, custody and utilization of the fund shall be established by the Executive Yuan.
The sources of the fund under the previous paragraph are as follows:
1. Government budget allocation.
2. Payment for deferred prosecution.
3. Payment for plea bargaining.
4. Profit from the fund.
5. Donations.
6. Fines imposed in accordance with this Act.
7. Other relevant sources of income.
Article 7
To coordinate, study, review, consult, supervise, review and promote domestic violence prevention work, municipal and county (city) competent authorities shall establish a domestic violence prevention committee. The organization of the committee and the meetings thereof shall be determined by the municipal and county (city) competent authorities.
Article 8
The municipal and county (city) competent authorities shall consolidate the activities and manpower of its police, education, health, social policy, civil administration, household registration, and labor and news departments and agencies, establish domestic violence prevention centers, and coordinate with relevant judicial and immigration authorities to perform the following matters:
1. Provision of a 24-hour hotline service.
2. Provision of a 24-hour emergency rescue service, assistance with medical visits, injury certification, evidence collection and emergency placements.
3. Provision or referral of financial aid, legal services, education services and lodging assistance to the victims, including provision of stage-by-stage, supportive and diversified vocational training and employment services.
4. Provision of short-term, mid-term and long-term shelter placements for the victims and their minors.
5. Provision or referral of physical and mental treatment, counseling, social and psychological evaluation and disposition for the victims and the children, youth or family members who have witnessed domestic violence and who need these services.
6. Referral of offender treatment and follow-up assistance.
7. Follow-up and management of referral service cases.
8. Promotion of domestic violence prevention education, training and promotion.
9. Risk analysis and organization of cross-institutional network meetings.
10. Other matters related to the prevention of domestic violence.
The centers under the previous paragraph may be combined with sexual assault prevention centers. The social work, police, health and other relevant professionals to be put in place and the organization thereof shall be determined by the municipal and county (city) competent authorities.