University of Minnesota



Law for the Prevention of Spousal Violence and the Protection of Victims, (Law No. 31 of 2001, as amended by Law No. 64 of 2004).

 

 

 

Preamble

 

Considering respect for individuals and equality under the law expressly stipulated in the Constitution, progress has been made in Japan through efforts toward the protection of human rights and the realization of genuine equality between women and men.

 

Nevertheless, even though spousal violence constitutes a serious violation of human rights, including crime, efforts to relieve victims have not always been adequate in all instances. In addition, the majority of victims of spousal violence are women. When women, who find It difficult to achieve economic self-reliance, are subject to violence from their spouses, it adversely affects the dignity of individuals and impedes the realization of genuine equality between women and men.

 

In order to remedy these conditions and to achieve the protection of human rights and the realization of genuine equality between women and men, we must establish measures to prevent spousal violence and protect victims. Such action will be in line with the efforts taken by the international community to eradicate violence against women.

 

This law has been framed in order to prevent spousal violence and protect victims through the establishment of a system to deal with spousal violence, providing for notification, counseling, protection, support for self-reliance, etc.

 

Chapter 1 General Provisions

 

Article 1 Definitions

    1. The term “spousal violence” as used in this law refers to violence toward the boy by one spouse (illegal attacks toward the body threatening the other’s life or physical conditions, hereafter the same below) or words and deeds by one spouse that cause comparable psychological or physical harm to the other (hereafter in this paragraph “violence”), and should cover cases where, subsequent to being subjected to violence by one spouse, the other spouse has obtained a divorce or annulment of the marriage but continues to be subjected to violence by the former spouse.
    2. The term “victim” as used in this law refers to a person who has been subjected to spousal violence.
    3. The term “spouse” as used in this law should include persons who are in a de facto state of marriage, even if it has not been legally registered. “Divorce” should apply to the circumstances of persons who were in a de facto state of marriage, even if it was not legally registered, and whose situation has changed to a de facto state of divorce.

 

Article 2 Responsibility of the State and local governments

The State and local governments have a responsibility to prevent spousal violence and provide appropriate protection for victims, including assistance in making them self-reliant.

 

Chapter 1:2 Basic Policy and Basic Plans

 

Article 2:2 Basic Policy

    1. The Prime Minister, National Public Safety Commission, Minister of Justice, and Minister of Health, Labour and Welfare (hereafter collectively referred to as the “competent Ministers” in this article and Paragraph 4 of the next article) shall establish a basic policy concerning measures for the prevention of spousal violence and protection of victims (hereafter referred to as the “basic policy” in this article and Paragraph 1 of the next article).
    2. The basic policy should establish a guideline for the basic plans prescribed in Paragraph 1 of the next article concerning the following matters:
    3. Basic matters related to the prevention of spousal violence and the protection of victims.
    4. Matters related to the content of measures for the prevention of spousal violence and the protection of victims.
    5. Other important matters related to the implementation of measures for the prevention of spousal violence and the protection of victims.
    6. When drawing up the basic policy or revising it, the competent Ministers shall consult beforehand with the heads of the administrative organs concerned.
    7. Whenever the competent Ministers establish or revise the basic policy, they shall promptly make public the contents.

 

Article 2:3 Basic Plans

    1. In conformity with the basic policy, prefectures shall establish their own basic plans (hereafter referred to as “basic plans” in this article) for the implementation of measures for the prevention of spousal violence and the protection of victims within their jurisdiction.
    2. Basic plans should determine the following matters:
    3. Basic policy related to the prevention of spousal violence and the protection of victims.
    4. Matters related to the content of actual implementation of measures for the prevention of spousal violence and the protection of victims.
    5. Other important matters related to the implementation of measures for the prevention of spousal violence and the protection of victims.
    6. Whenever prefectures establish or revise basic plans, they shall promptly make public the contents.
    7. The competent Ministers shall endeavor to provide prefectures with advice and other assistance needed to establish such basic plans.

 

Chapter 2 Spousal Violence Counseling and Support Centers, Etc.

 

Article 3 Spousal Violence Counseling and Support Centers

    1. Prefectural governments should authorize Women’s Consulting Offices or other appropriate facilities within their jurisdiction to function as Spousal Violence Counseling and Support Centers.
    2. Municipalities (including special wards; same below) may authorize appropriate facilities that they establish within their jurisdiction to function as spousal Violence Counseling and Support Centers.
    3. In order to prevent spousal violence and protect victims, Spousal Violence Counseling and Support Centers should undertake the following activities.
    4. To provide counseling to victims regarding various problems affecting them or introduce them to Women’s Consultants or organizations that provide such counseling.  
    5. To provide medical, psychological, or other required guidance in order to help victims recover their psychological and physical health.
    6. To provide temporary protection for victims (and in cases where the victim is accompanied by family members, for the family members as well as the victim; same in Subparagraph (4) and Subparagraph (6) below, as well as Article 5 and Article 8:3).
    7. To offer information, advice, and liaison and coordination with concerned organization, as well as other forms of assistance, concerning measures including employment promotion, housing procurement, and use of systems for social assistance in order to promote the self-reliance of victims.
    8. To offer information, advice, and communication with concerned organizations, as well as other forms of assistance concerning use of the protection order system provided for in Chapter 4.
    9. To offer information, advice, and liaison and coordination with concerned organizations, as well as other forms of assistance concerning the use of facilities where victims can live and receive protection.
    10. The temporary protection provided for in Article 3, Paragraph 3, Subparagraph (3) above should be provided directly by Women’s Consulting Offices or entrusted to parties meeting criteria established by the Minister of Health, Labour and Welfare.
    11. The Spousal Violence Counseling and Support Centers should, in the course of their duties, when necessary, endeavor to collaborate with private-sector bodies that are engaged in activities designed to prevent spousal violence and protect victims.  

 

Article 4 Counseling by Women’s Consultants, etc.

Women’s Consultants may provide counseling to victims and undertake guidance as necessary.

 

Article 5 Protection at Women’s Protection Facilities

Prefectures may provide protection to victims at Women’s Protection Facilities.

 

Chapter 3 Protection of Victims

 

Article 6 Notification, etc. by those who detect cases of spousal violence

    1. Those who detect violence (limited to cases of violence toward the body by a spouse or former spouse; same hereafter in this chapter) shall endeavor to notify them to a Spousal Violence Counseling and Support Center or police officer.
    2. If physicians or other medical personnel, in the course of their duties, detect individuals who they consider to have suffered injuries or medical conditions resulting from spousal violence, they may notify them to a Spousal Violence Counseling and Support Center or police officer. In such cases, they should try to respect the intentions of the individual concerned.
    3. Regarding stipulations of the Penal Code (1907, Law No. 45) making the divulgence of confidential matters a crime and stipulations of other laws related to professional secrecy, these shall not be construed to prevent notification as provided for in the preceding two paragraphs.
    4. Physicians or other medical personnel who, in the course of their duties, detect individuals who they consider to have suffered injuries or medical conditions resulting from spousal violence shall endeavor to provide these patients with information at their disposal on the use of Spousal Violence Counseling and Support Centers, etc.

 

Article 7 Explanation of protection provided by Spousal Violence Counseling and Support Centers, etc.

When Spousal Violence Counseling and Support Centers receive notification about victims or counsel them as needed, they should, in addition to offering explanation and advice regarding their duties as a Spousal Violence Counseling and Support Center as stipulated in Article 3, Paragraph 3, recommend to receive any protection that may be require.

 

Article 8 Police protection for victims

When, through notification or other means, the police consider that there are cases of spousal violence, they shall endeavor to take necessary measures in accordance with the provisions of the Police Law (1954, Law No. 162), the Police Official Duties Execution Law (1948, Law No. 136), and other laws in order to prevent the victim from suffering harm from spousal violence, especially by stopping the violence, providing protection to the victim, etc.

 

Article 8:2 Assistance from the chief of the Prefectural Police Headquarters, etc.

When receiving a request from a victim for assistance in preventing damage for oneself from the spousal violence, and deeming it as valid, the Superintendent General of the Metropolitan Police Department, or the chief of the Prefectural Police Headquarters (or the chief of the Area Headquarters except the Area Headquarters where the Hokkaido Prefectural Police Headquarters in located; same for Article 15, Paragraph 3), or the chief of the police station should advise the victim on measures to prevent the said damage for oneself and render other assistance required to prevent damage from spousal violence in accordance with the regulations established by the National Public Safety Commission.

 

Article 8:3 Support for self-reliance provided by Welfare Offices

Offices concerned with welfare affairs established under the Social Welfare Law (1951, Law No. 45) (referred to as “Welfare Offices” in the next article) shall endeavor to take necessary measures to help victims to become self-reliant as provided for under the Livelihood Protection Law (1950, Law No. 144), the Child Welfare Law (1947, Law No. 164), the Mother and Child and Widows Welfare Law (1964, Law No. 129), and other lawas and ordinances.

 

Article 9 Cooperation among concerned organizations to protect victims

Spousal Violence Counseling and Support Centers, the Prefectural Police, Welfare Offices and other similar organizations established by prefectures or municipalities, and other concerned organizations should endeavor to work in collaboration in seeking to provide appropriate protection for victims.

 

Article 9:2 Appropriate and prompt processing of complaints

When the concerned organizations referred to in the preceding article receive complaints from victims regarding the performance of duties by personnel in charge of the protection of victims, they should endeavor to handle them in an appropriate and prompt manner.    

 

Chapter 4 Protection Orders

 

    1. In cases where there is a grave threat of renewed violence toward the body against a victim (provided that the victim has been subjected to violence toward the body by a spouse: the same throughout this chapter) by the spouse (including cases where subsequent to being subjected to violence toward the body by the spouse, the victim obtains a divorce or annulment of the marriage but continues to be subjected to violence toward the body by the former spouse; the same for Article 12, Paragraph 1, Subparagraph (2)) constituting significant harm to the life or physical conditions of the victim, the court should, upon petition from the victim, order against the spouse (including the former spouse in cases where subsequent to being subjected to violence toward the body by the spouse, the victim obtains a divorce or annulment of the marriage; the same below for this article, Article 12, Paragraph 1, Subparagraph (3), and Article 18, Paragraph (1) measures as prescribed in the following subparagraphs in order to prevent harm to the victim’s life or physical conditions. However, the measure prescribed in Subparagraph (2) is only applied in cases where the victim and the spouse in question are still living together at the time of the petition.
    2. To oblige the spouse for a six-month period form the day the order takes effect to refrain from approaching the victim at the victim’s domicile (other than the place where the spouse and victim have been living together; the same in this subparagraph) or any other place where the victim is staying; or loitering in the vicinity of the domicile, workplace, or any other location normally frequented by the victim.
    3. To oblige the spouse to vacate for a two-month period form the day the order takes effect the domicile that the spouse shares as the main home with the victim and not to loiter in the vicinity of the said domicile.
    4. Under circumstances as described in the body of the preceding paragraph, in cases where the victim is living with children who have not yet attained adulthood (hereafter referred to simply as “children” in this paragraph and Article 12, Paragraph 1, Subparagraph (3)), when it is determined necessary to prevent the victim from being obliged to meet the spouse on the subject of the children who share the victim’s domicile, in consideration of words or deeds on the part of the spouse sufficing to suspect that spouse will likely take the young children back or other circumstances, the court that is issuing or has issued an order as provide for in Subparagraph (1) of th preceding paragraph should, upon petition form the victim, order against the spouse to oblige the spouse, from the day the order takes place to the day after six months from the day the order took effect, as provided for in the above-mentioned Paragraph 1, Subparagraph (1), to refrain from approaching the children in question at their domicile (other than the place where the children, the spouse and the victim have been living together; hereafter the same throughout this paragraph), the school the children attend, or any other place where the children are staying; or loitering in the vicinity of their domicile, the school they attend, or any other locations normally frequent by them in order to prevent harm to the victim’s life or physical conditions. However, if the children in question are 15 years of age or over, this provision shall only apply in cases where the court has obtained their consent.

 

Article 11 Court with jurisdiction

    1. Cases concerning a petition for an order as provided for in Paragraph 1 of the preceding article shall be within the jurisdiction of the district court which exercises jurisdiction over the area where the defendant maintains an address (or place of residence in cases in which the defendant does not have an address in Japan or the address of the defendant is unknown).
    2. A district court may grant a petition for an order as provided for in Paragraph 1 of the preceding article if it has jurisdiction over the places described in the following subparagraphs:
    3. The petitioner’s domicile or place of residence.
    4. The place where the violence toward the body by the spouse described in the petition actually took place.

 

Article 12 Petition for protection order

    1. A petition for an order as provided for in Article 10 (hereafter “protection order”) shall contain the matters described in the following subparagraphs in writing:
    2. The circumstances under which the violence toward the body by the spouse took place.
    3. Sufficient evidence at the time of the petition to prove that a grave threat of significant harm to the life or physical conditions resulting from renewed violence toward the body by the spouse still exists.
    4. In cases where a petition for an order as provided for in Article 10, Paragraph 2 is made, sufficient evidence at the time of the petition to prove the necessity for issuing the order to preent the victim from being obliged to meet the spouse on the subject of the children in question who share the victim’s domicile.
    5. Whether or not a person who has been subjected to violence toward the body by the spouse (including violence toward the body by the former spouse, in cases where subsequent to being subjected to violence toward the body, the victim has obtained a divorce or annulment of the marriage but continues to be subjected to violence toward the body by the former spouse) has sought counseling or asked for support or protection from Spousal Violence Counseling and Support Center employees or police personnel concerning the matters prescribed in the preceding Subparagraphs (1)-(3). In the event of such circumstances, the information prescribed in the following items shall e recorded:
    6. The name of the Spousal Violence Counseling and Support Center or the station to which the police personnel who have been consulted or requested to provide support or protection belong.  
    7. The date, time, and location where the counseling or request for support or protection took place.
    8. The details of the counseling or request for support or protection.
    9. The details of the measures taken in response to the counseling or the reuest from the petitioner.
    10. In the event that any of the information prescribed in Items (4)a-(4)d in the preceding paragraph have not been filled in on the paperwork submitted (hereafter “petition form”), the petition form shall be submitted with the petitioner’s statements for the matters prescribed in Subparagraphs (1)-(3) in the same paragraph attested in writing as called for in Article 58:2, Paragraph 1 of the Notary Law (1908, Law No. 53).

 

Article 13 Expeditious judicial action

The court in question should rule expeditiously on cases concerning a petition for a protection order.

 

Article 14 Procedures for protection order cases

    1. A protection order cannot be issued before a fixed date for oral proceedings or for a hearing with the defendant. However, this requirement can be waived if waiting for the date for oral proceedings or a hearing interferes with fulfillment of the intent of the petition for protection order.
    2. Where the information described in Article 12, Paragraph 1, Items (4)a-(4)d has been recorded on the petition form, the court should request that the chief of the Spousal Violence Counseling and Support Center or the police in question submit written explanations of the circumstances at the time when th petitioner sought counseling or requested support or protection, as well as the details of the specific measures taken in response to them. In such cases, the chief of the Spousal Violence Counseling and Support Center or the police station in question should respond promptly.
    3. When deemed necessary, the court may ask the chief of the Spousal Violence Counseling and Support Center or the police described in the preceding paragraph, or the personnel with whom the petitioner has sought counseling or requested support or protection, for further explanation regarding the information in writing requested in accordance with the same paragraph.

 

Article 15 Decision on a petition for a protection order, etc.

    1. The decision on a petition for a protection order shall contain reasons adduced for it. However, in cases where it is made without oral proceedings, the reasons can be summarized.
    2. A protection order shall take effect once the decision has been sent to the defendant or when the pronouncement has been made on the date of oral proceedings or a hearing in the presence of the defendant.
    3. When a protection order is issued, the court clerk should promptly notify the Superintendent General of the Metropolitan Police Department or the chief of the Prefectural Police Headquarters with jurisdiction over the address or place of residence of the petitioner or its gist and contents.
    4. A protection order in itself does not have enforcement power.

 

Article 16 Immediate appeals

    1. An immediate appeal may be lodged against a judgment related to a petition for a protection order.
    2. An appeal prescribed in the preceding paragraph will not prevent a protection order from taking effect.
    3. In the case of an immediate appeal, only when there is prima facie proof of cause for revoking the protection order in question can an appellate court order, upon petition, suspension of the validity of the protection order until the judgment on the appeal has taken effect. The court that originally had jurisdiction over the case may also order such disposition if the case records are still in its possession.
    4. When ordering suspension of validity of an order as provided for in Article 10, Paragraph 1, Subparagraph (1) in accordance with the preceding paragraph, if an order as provided for in Article 10, Paragraph 2 has also been issued, the court shall also order suspension of validity of the order.
    5. Dissatisfaction may not be voiced with regard to the judgment prescribed in the preceding two paragraphs.
    6. When revoking an order as provided for in Article 10, Paragraph 1, Subparagraph (1), if any order as provided for in Article 10, Paragraph 2 has been issued, the appellate court shall also revoke that order.
    7. The stipulations prescribed in Article 15, Paragraph 3 shall still apply in the case of the circumstances described in Paragraph 3 and Paragraph 4 above and when an appellate court has revoked a protection order.

 

Article 17 Revocation of protection orders

    1. The court that has issued a protection order shall revoke it if the person who petitioned for that protection order so requests. In the event that three months have passed from the day an order issued in accordance with Article 10, Paragraph 1, Subparagraph (1) or Article 10, Paragraph 2 took effect, or in the event that two weeks have passed from the day an order issued in accordance with Article 10, Paragraph 1, Subparagraph (2) took effect, if the person subject to these orders requests the court for their revocation and it has been confirmed that the person who petitioned for the said orders does not object, then they shall also be revoked.
    2. The stipulations prescribed in Article 16, Paragraph 6 shall still apply in cases where the court that has issued an order as provided for in Article 10, Paragraph 1, Subparagraph (1) revokes the said order in accordance with the preceding paragraph.
    3. The stipulations prescribed in Article 15, Paragraph 3 shall still apply in the cases prescribed in the preceding two paragraphs.  

  

Article 18 Repeated request for an order as provided for in Article 10, Paragraph 1, Subparagraph (2)

    1. Where an order as provided for in Article 10, Paragraph 1, Subparagraph (2) has previously been issued, if a repeated petition for an order in accordance with the same subparagraph is made based on the same fact of violence toward the body that was the basis for the petition for the issued order, the court should issue the order in question only when it is determined that there is the necessity of reissuance of the order as provided for in the same subparagraph, in consideration of the fact that the victim who wishes to move from the domicile that the victim shares as the main home with the spouse is unable to complete the move from the domicile within two months passing from the day the issued order takes effect, due to reasons for which the victim is not responsible, or other circumstances. However, the court may dismiss the petition for the order if the court determines that the spouse in curs an extreme degree of hardship in life by issuance of the order.
    2. In application of the stipulation in Article 12 in the case of a repeated request for an order made under the conditions prescribed in the preceding paragraph, “the matters described in the following subparagraphs” prescribed outside of the numbered subparagraphs under Article 12, Paragraph 1 shall be interpreted as “th matters prescribed in Subparagraphs (1), (2) and (4) as well as circumstances prescribed in the body of Article 18, Paragraph 1.” Likewise, “the maters prescribed in the preceding Subparagraphs (1)-(3)” prescribed in Subparagraph (4) in the same paragraph shall be interpreted as “ the matters prescribed in Subparagraphs (1), (2) as well as circumstances prescribed in the body of Article 18, Paragraph 1.” Likewise, “the matters prescribed in Subparagraphs (1)-(3) in the same paragraph” prescribed in Paragraph 2 in the same article shall be interpreted as “ the matters prescribed in Subparagraphs (1), (2) in the same paragraph as well as circumstances prexcribed in the body of Article 18, Paragraph 1.”

 

Article 19 Inspection of case records, etc.

In regard to procedures for the protection order, the parties may request the court clerk for the reading or copying of the case records, furnishing of the original records, an original copy of them or a partial copy of them, or of an attestation regarding maters relating to the case. However, this provision shall not apply to the defendant until the date for oral proceedings or a hearing related to the petition for a protection order is assigned or until the defendant has been sent a protection order.

 

Article 20 Attestation by a Secretary in the Ministry of Justice

If a notary public is not available or is not in a position to practice within the area of jurisdiction of the responsible Legal Affairs Bureau, Regional Legal Affairs Bureau, or branch office thereof, the Minister of Justice may authorize Secretaries in the Ministry of Justice assigned to the said Legal Affairs Bureau, Regional Legal Affairs Bureau, or branch office thereof to conduct the attestation in accordance with Article 12, Paragraph 2 (including in cases of reinterpretation thereof in accordance with Article 18, Paragraph 2).

 

Article 21 Application of the Code of Civil Procedure

Except when expressly stated otherwise in this law, the procedures for protection orders shall follow the stipulations of the Code of Civil Procedure (1996, Law No. 109), unless they run counter to the character of this law.

 

Article 22 Rules of the Supreme Court

If matters related to procedures for protection orders other than those prescribed by this law are required, they shall be stipulated in the Rules of the Supreme Court.

 

Chapter 5 Miscellaneous Provisions

 

Article 23 Considerations on the part of official personnel, etc.

    1. Individuals responsible for the protection of victims of spousal violence, or investigations into such cases, or who perform official duties for the court, etc. (hereafter “official personnel”) shall in the performance of their duties give due consideration to the psychological and physical conditions of the victims, their environments, etc. and respect the human rights of these victims regardless of their nationality, whether or not they are disabled, etc., taking due care to protect their safety and maintain their privacy.
    2. The State and local governments should undertake training and educational activities needed to deepen understanding of the human rights of victims, the distinctive characteristics of spousal violence, etc. among official personnel working in this field.

 

Article 24 Education and enlightenment

The State and local governments should encourage education and enlightenment measures so as to deepen understanding among the public of the need to prevent spousal violence.

 

Article 25 Promotion of study and research, etc.

In order to help prevent spousal violence and protect victims, the State and local governments should endeavor to promote study and research to discover methods, etc. for guidance about the rehabilitation of abusive spouses and the restoration of the physical and psychological health of victims, as well as seek to train personnel responsible for protecting victims and improve their competence.

 

Article 26 Support to private bodies

The State and local governments should endeavor to provide necessary support to private bodies and are engaged in activities designed to prevent spousal violence and protect victims.

 

Article 27 Financing by prefectural and municipal governments

    1. Prefectural governments shall pay for the following expenses:
    2. Expenses needed to operate the Women’s Consulting Offices performing the duties stipulated in Article 3, Paragraph 3 (with the exception of those listed in the following subparagraph).
    3. Expenses needed for temporary protection at a Women’s Consulting Office as stipulated in Article 3, Paragraph 3, Subparagraph (3) (including cases in which these duties are entrusted to other parties that hae met the criteria established by the Minister of Health, Labour and Welfare as stipulated in Article 3, Paragraph 4).  
    4. Expenses for the performance of duties entrusted to Women’s Consultants by prefectural governors as stipulated in Aritilce 4.
    5. Expenses for protection carried out by prefectures in accordance with Article 5 (including in cases where such protection is provide by local communities, social welfare corporations, and other parties that prefectural governments deem it appropriate to trust with the operation) and expenses necessarily incurred in administrative activities required to provide this protection.
    6. Municipalities shall pay expenses incurred by Women’s Consultants in performing duties entrusted to them by the mayor in accordance with Article 4.

 

Article 28 National government share and subsidies

    1. The national government should, in accordance with a Cabinet order, assume responsibility for five-tenths of the amount of expenses stipulated in Paragraph 1, Subparagraphs (1)-(2) of the preceding article that have been paid for by prefectures in accordance with Paragraph 1 of the preceding article.
    2. The national government may, within budgetary imitations, provide subsidies for payment of up to five-tenths of the expenses for the following subparagraphs:
    3. Expenses paid for by prefectural governments in accordance with Paragraph 1 of the preceding article, covering the expenses described in Subparagraph (3) and Subparagraph (4).
    4. Expenses paid for by municipalities as stipulated in Paragraph 2 of the preceding article.

 

Chapter 6 Penal Regulations

 

Article 29

Individuals who violate a protection order shall be subject to imprisonment with labor of up to one year or a fine of not more than ¥1 million (one million yen).

 

Article 30

A petitioner for a protection order whose petition form contains knowingly false entries for the matters stipulated in Article 12, Paragraph 1 (including in cases of reinterpretation thereof in accordance with Article 18, Paragraph 2) shall be subject to a non-penal (correctional) fine of not more than ¥100,000 (one hundred thousand yen).

 

Supplementary Provisions

 

Article 1 Date of enforcement

This law shall take effect six months form the day of promulgation. However, the provisions of Chapter 2, Article 6 (only those portions having to do with Spousal Violence Counseling and Support Centers), Article 7, Article 9 (only those portions having to do with Spousal Violence Counseling and Support Centers), Article 27, and Article 28 shall take effect on April 1, 2002.

 

Article 2 Transitional measures

In the application of the stipulations in Article 12, Paragraph 1, Subparagraph (4) and Article 14, Paragraph 2 and Paragraph 3 concerning cases involving petitions for protection orders from victims who have been counseled concerning violence toward the body by the spouse at a Women’s Consulting Office or asked for support or protection at such centers through March 31, 2002, “Spousal Violence Counseling and Support Centers” in the regulations should read “Women’s Consulting Offices.”

 

Article 3 Review

Concerning the provisions of this law, three years or so after the law takes effect, conditions concerning its implementation, etc. should be monitored and studied and, depending on the results, necessary measures should be taken.

 

Article 4 Partial amendment of Law concerning the Costs, etc. of Civil Procedure

The Law concerning the Costs, etc. of Civil Procedure (1971, Law No. 40) shall be partially revised as follows:

            In (16) of Appendix Table 1, below “Petitions to Courts in Accordance with Provisions of the Non-Litigious Cases Procedures Law,” ”Petitions in Accordance with Provisions of Article 10 of the Law Relating to the Prevention of Spousal Violence and the Protection of Victims [2001, Law No. 31]” shall be added, and in (17)-e of Appendix Table 1, below “Petitions in Accordance with Provisions of Article 16, Paragraph 3 or Article 17, Paragraph 1 of the Law Relating to the Prevention of Spousal Violence and the Protection of Victims” shall be added.

 

Supplementary Provisions (June 2, 2004, Law No. 64)

 

Article 1 Date of enforcement

This law shall take effect six months from the day of promulgation.  

 

Article 2 Transitional measures

    1. Cases of orders that were issued before this law takes effect in accordance with the stipulations concerning petitions for orders in Article 10 in the Law for the Prevention of Spousal Violence and the Protection of Victims not having been amended by this law (hereafter “former law” in the next paragraph) shall still follow precedents.
    2. In cases where, after issuance of an order in accordance with the stipulations in Article 10, Subparagraph (2) of the former law, a petition for an order as provided for in Article 10, Paragraph 1, Subparagraph (2) of the revised Law on the Prevention of Spousal Violence and the Protection of Victims (hereafter “new law”) is made (limited to only the first instance after this law takes effect) based on the same fact of the illegal physical attack threatening life or physical condition that made the cause for the petition for the said order, when applying Article 18, Paragraph 1 of the new law, the “two months” in that paragraph shall read “two weeks”.

 

Article 3 Review

Concerning the provisions of the new law, three years or so after the law takes effect, conditions concerning its implementation, etc. should be monitored and studied and, depending on the results, necessary measures should be taken.    

 


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