1.1 What are the relevant statutes and codes?
The relevant statutes and codes are as follows:
- Civil Code
- Penal Code
- Act on the Prevention of Spousal Violence and the Protection of Victims ("Prevention of Spousal Violence Act")
- Anti-Stalking Act
1.2 What is the controlling case law?
As Japan does not adopt a case law system, no particular case law is controlling. There are many cases in the district courts and the family courts; however, no notable cases from the high courts or the Supreme Court of Japan are significant in terms of legal principles on domestic violence in Japan.
1.3 What are the specific parts of the court system that address domestic violence?
No specific courts are designated to address issues in relation to domestic violence. Generally, the district court has the first instance jurisdiction over civil cases and criminal cases related to domestic violence. In addition, since any incidence of domestic violence would be an important factor in determining the success or failure of a divorce action, the family court with jurisdiction over divorce actions also handles cases related to domestic violence.
1.4 What are potential causes of action?
Potential causes of action under the main Japanese legislation are as follows:
- Under the Code of Civil Procedure, generally, the victim may claim for damage by claiming and proving the fact that: (i) he/she has been assaulted or mentally abused; and (ii) the fact that the assault or mental abuse has caused damage.
- In addition, a protection order under the Prevention of Spousal Violence Act may be ordered by the district court if a victim is highly likely to experience serious harm due to further bodily harm caused by the spouse.
- Under the Code of Criminal Procedure, any act of physical violence against another person constitutes a crime of assault (or a crime of injury if the assault results in some injury) under the Penal Code. As for verbal violence, it may constitute a crime of insults under the Penal Code, but it is a minor crime and cases upholding a crime of insults are rare.
- In addition, certain repeated behaviors to a certain person (defined as "stalking" under the Anti-Stalking Act) are prohibited and a person who commits stalking would be punished by way of imprisonment for up to one year or a fine of up to JPY 1 million.