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Definition and Prevention of Domestic Abuse! How to Apply for a Protection Order?

家暴定義與防治！保護令如何聲請？

 

What constitutes domestic violence? 

When we try to understand "What constitutes domestic violence?", it's first necessary to clarify the definition of domestic violence and its various forms. Domestic violence typically refers to any form of violence or abusive behavior that occurs within a family or intimate relationship. These behaviors are not limited to physical violence but also include emotional abuse, financial control, etc.
 
The core of it lies in power and control. Perpetrators often use various means to control and dominate the victim, causing the victim to feel powerless and afraid. In terms of physical violence, this may include hitting, kicking, shoving, or attacking with weapons. Emotional abuse may manifest as insults, humiliation, threats, or isolation of the other person. Economic control may be exhibited by restricting the victim's financial freedom, making them dependent on the abuser.
 
Typical characteristics of domestic violence include a repeated pattern of abusive behavior and a cyclical pattern, usually consisting of tension building, violent episodes, and reconciliation or honeymoon periods. This cycle makes it difficult for victims to escape abusive relationships, as the alternation of violence and reconciliation phases gives the victim hope for changing the perpetrator's behavior.
 

Domestic Violence Prevention Act.

From a legal perspective, according to the Domestic Violence Prevention Act, domestic violence is defined as any act of physical, psychological, or economic harassment, control, coercion, or other unlawful infringement carried out among family members. The term "family members" not only includes blood relatives and spouses, but also encompasses those who currently or have previously cohabited, as well as relationships between guardians and their dependents or among family members.

What to Do in Case of Domestic Violence

 

 

Restrictions and Application of Civil Protection Orders

A protection order is issued by the court to protect the personal safety and related rights of victims of domestic violence. It prohibits related violent acts and other unnecessary contacts. Violation of a protection order can lead to criminal prosecution.According to Article 9 of the Domestic Violence Prevention Act, civil protection orders can be categorized into the following three types:

Types of Protection Orders (Source:Taichung City Government Police Department) 

Types of Protection Orders

Applicant

Duration of Protection Order

Issuance Procedure

Applicable Situations and Purpose

Emergency

Prosecutors, police authorities, metropolitan governments, and county (city) competent authorities may issue [requests or orders] in writing, orally, via telefax, or through other technological means during day, night, or on holidays.

Based on the testimony of police personnel in court or over the phone, if the victim is deemed to be in urgent danger, the court will issue a protection order in writing within 4 hours.

It becomes effective from the time of issuance and remains in effect until the court concludes its review and issues a regular protection order or rejects the application.

Applicable in emergency situations, especially when the victim faces imminent danger. The purpose is to provide rapid protection to prevent further acts of violence.

Temporary

The victim, prosecutors, police authorities, metropolitan governments, and county (city) competent authorities may file a written application.

This can be done without a hearing process.

It becomes effective from the time of issuance and remains in effect until the court concludes its review and either issues a regular protection order, the applicant withdraws, or the court rejects the application.

The purpose is to provide temporary protection for the victim during the legal proceedings.

Regular

The victim, prosecutors, police authorities, metropolitan governments, and county (city) competent authorities may file a written application.

The maximum validity period is 1 year, and before expiration, an application can be made to the court for revocation, modification, or extension.

The maximum validity period is 1 year, and before expiration, an application can be made to the court for revocation, modification, or extension.

After a court hearing and confirmation of domestic violence, this is for long-term protection of the victim from threats or harassment by the perpetrator. The aim is to provide stable protection to prevent future incidents of domestic violence.

 

Application Documents and Process for Civil Protection Orders

The primary function of a protection order is to restrict the freedom of the abuser to protect the rights of the victim. Therefore, to ensure that the court does not mistakenly infringe on the rights of innocent people, evidence collection before applying is a key step. This includes collecting and preserving a medical injury diagnosis certificate, audio and video recordings, witness statements, Domestic Violence and Child Protection Case Investigation Records (reports), and Domestic Violence Case On-Site Handling Investigation Forms. The application process is as follows:
  1. Collect evidence and draft the application petition.
  2. Report to the prosecutor or police authority, or the county (city) competent authority, who will assist in filing the application, or personally apply at the district court located at the victim's residence, the residence of the respondent, or the location the domestic violence occurred.
    (Family violence service centers are established in courts across all counties and cities, which can assist individuals in filing applications.)
  3. Enter the court review process (Temporary and Emergency Protection Orders can be issued without a hearing, depending on the specifics of the case).
 
The application documents include:
  1. Petition for a Protection Order.
  2. Household registration transcripts of both the victim and the perpetrator.
  3. Relevant evidence for the case.

Protection items for Regular, Temporary, and Emergency Protection Orders are as follows for reference (Source:Ministry of Health and Welfare, Protection Division.)

Prohibited Items under the Protection Order

Regular

Temporary

Emergency

Prohibition of committing domestic violence.

V

V

V

Prohibition of harassment, contact, stalking, calling, correspondence, or other unnecessary communication.

V

V

V

Order to move out of the residence.

V

V

V

Order to stay away from specific places within a certain distance.

V

V

V

Determination of the right to use movable property.

V

V

V

Decision on temporary custody of children.

V

V

V

Setting the time, place, and manner of visitation with children.

V

 

 

Order to pay rent or maintenance fees.

V

 

 

Order to cover costs for medical treatment, counseling, shelter, or property damage.

V

 

 

Order to complete a treatment program.

V

 

 

Order to bear legal expenses.

V

 

 

Prohibition against accessing relevant information.

V

V

V

Other necessary orders.

V

V

V
 
 

Criminal Liability for Violating a Protection Order

According to Article 61 of the Domestic Violence Prevention Act, if there is a violation of the aforementioned protection order prohibition, it shall be deemed an offense of violating the protection order and shall be punishable by imprisonment for up to three years, detention, or a fine of up to one hundred thousand New Taiwan Dollars.

 

I am not guilty of domestic violence! Remedies for challenging a protection order decision.

In practice, the details of cases involving protection orders can be complex. If the person subject to a protection order feels aggrieved,according to Article 20 of the Domestic Violence Prevention Act:'A ruling on a protection order may be appealed unless otherwise provided by specific regulations. The appeal shall not suspend the execution.' This means that within ten days of receiving the ruling, an appeal can be submitted to the court, and the execution of the order will not be stopped during the appeal process.
 
In other words, although the appeal form does not explicitly specify the required details, it is essential to state the reasons for the appeal to allow the court to determine if the original ruling was unjust. Therefore, it is advisable to consult with a professional family law attorney to avoid any disruptions to the subsequent legal proceedings. Additionally, it's important to note that during the appeal period, the protection order, which is meant to safeguard the victim, generally cannot be suspended just because the court has not yet decided on the appeal's approval.
 
Domestic violence is a serious social issue that cannot be ignored. It causes profound physical and psychological trauma to the victims and has wide-ranging effects on society as a whole. Protection orders play a crucial role in legally combating domestic violence and ensuring the safety and rights of victims. By understanding the different types of protection orders and their applicability, victims can more effectively protect themselves from further harm with the help of the law.
 
As a professional legal team, we at WHP are committed to providing expert legal support and advice to assist those facing domestic violence. If you or someone you know is in a domestic violence situation, please seek help courageously. WHP will offer legal counseling, assist in applying for protection orders, and provide support throughout the legal process. Contact us immediately to speak up for your rights and safety.

 

Common Protection Order Questions and Answers (Q&A)

Q：Immediate Protective Measures in Cases of Domestic Violence

A：If you sense escalating tension in the lead-up to violence, it is advisable not to provoke the aggressor further with words. Instead, try to distance yourself and leave the scene as a precaution to prevent harm from occurring. In the unfortunate event that harm has already occurred, it is recommended to immediately contact the authorities and seek medical attention at a hospital for injury assessment. You can also call the national emergency hotline at 113 for assistance from trained professionals.
 

Q：Is emotional abuse considered a form of domestic violence?

A：Yes, in addition to physical violence, actions that constitute emotional harm or psychological abuse are also considered forms of domestic violence. In practice, the determination of 'psychological harm' includes behaviors such as threatening self-harm to manipulate others, creating fearful situations, or engaging in various forms of verbal harassment. These actions align with the definitions of domestic violence as outlined in domestic violence prevention laws.
 
 
 
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