4. Protection for domestic violence victims and relief granted
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4.1 Civil protection orders

4.1.1 Are there civil protection orders available to victims of domestic abuse?

Yes, there is a protection order under Article 10 of the Prevention of Spousal Violence Act. The court may order the abusing "spouse" (which includes persons who are in a de facto state of marriage that has not been legally registered, and the same applies hereafter):

  1. to refrain from approaching the victim at the victim's residence, workplace, etc.
  2. to leave the residence that is the principal place where the abusing spouse and the victim are based together and to refrain from loitering in that vicinity
  3. to refrain from "stalking"
  4. to refrain from approaching the victim's child/children or relatives

(English translation of the Prevention of Spousal Violence Act: http://www.gender.go.jp/policy/no_violence/e-vaw/law/pdf/nichiei.pdf.)

4.1.2 Who can petition for civil protection orders?

A victim who has been subject to bodily harm, life-threatening intimidation, etc., (meaning intimidation through announcing the intention to harm the life or body of a victim) by a spouse can petition for a civil protection order. A victim who has obtained a divorce or annulment of marriage subsequent to being subject to violence by a spouse but who continues to be subject to violence by the former spouse can also petition for a civil protection order (Article 10, paragraph 1 of the Prevention of Spousal Violence Act).

4.1.3 Are there temporary custody of a child or child support orders?

Child guidance centers may take temporary custody of a child or entrust an appropriate person to do so (Article 33 of the Child Welfare Act — http://www.japaneselawtranslation.go.jp/law/detail/?id=11&vm=&re=).

4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

Yes, Article 10, Paragraph 1 of the Prevention of Spousal Violence Act provides that the court may order an abusing spouse to:

  1. refrain from approaching the victim at the victim's residence (excluding a residence that is the principal place where the victim and the spouse are based together) or any other place, or from loitering in the vicinity of the residence, workplace or any other location normally frequented by the victim, for a six-month period from the day on which the order comes into effect
  2. leave the residence that is the principal place where the spouse and the victim are based together and to refrain from loitering in that vicinity for a two-month period from the day on which the order comes into effect
4.1.5 Are there any other types of emergency, preventive and civil protection orders?

There are no emergency, preventive and civil protection orders, but a victim may move into a public or private shelter dedicated to women (http://www1.tokyo-womens-plaza.metro.tokyo.jp/consult/tabid/96/Default.aspx).

4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

Under the Prevention of Spousal Violence Act, only direct victims can request these orders. Pursuant to Article 10, paragraph 3 of the Prevention of Spousal Violence Act, a victim may petition for a civil protection order for their child where the victim's child who is a minor lives with the victim and certain conditions are met. The conditions include that the orders are necessary to prevent the victim from being obliged to meet the spouse with regard to the child who lives with the victim, and that the spouse uses or carries out words or deeds sufficient to lead to the suspicion that the spouse is likely to take the child away, or other circumstances. (https://www.courts.go.jp/tokyo/saiban/minzi_section09/dv/index.html). However, this order is intended only to protect the victim by prohibiting the spouse from approaching the victim due to his/her contact with their child, not to protect the child from the abuse.[1]

Apart from the civil protection order under the Prevention of Spousal Violence Act, in the case of a child, the court may make a ruling of a suspension/loss of parental authority pursuant to Articles 834 and 834-2 of the Civil Code. These rulings may be made at the request of the child, any relative of the child, a guardian of a minor, a supervisor of a guardian of a minor, a public prosecutor or a child guidance center's director (Articles 834 and 834-2 of the Civil Code; Article 33-7 of the Child Welfare Act).

4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?

N/A

4.1.8 Are ex parte orders permitted without the aggressor being present?

Civil protection orders may not be issued before a fixed date for oral arguments or for a hearing that the opposite party can attend from the standpoint of assuring adequate procedure pursuant to Article 14, paragraph 1 of the Prevention of Spousal Violence Act. However, in a civil protection order case where it is not appropriate for the petitioner (victim) and the opposite party (abuser) to meet face to face, generally, only a hearing will be held.[2]

Notwithstanding the above principle, even in the cases where the opposite party does not attend the hearing, if it is confirmed that (i) the summons to the opposite party for the hearing has been properly received and (ii) the opposite party did not attend the hearing for reasons such as the lack of any particular allegation, it can be considered that the opposite party was given an opportunity to argue, so the court may also issue a civil protection order based on evidence at that point.[3] In such cases, the civil protection order comes into effect when the court's written decision is sent to the opposite party (Article 15, paragraph 2 of the Prevention of Spousal Violence Act).

4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?

Civil protection orders may extend protection for abuse and intimidation to: (i) the victim's child who is a minor and lives with the victim; and (ii) the victim's relative or other person with whom the victim has a close relationship (except for a child who lives with the victim and a person who lives with the spouse) (Article 10, paragraphs 3 and 4 of the Prevention of Spousal Violence Act). However, as mentioned above, these orders are intended only to protect the victim by prohibiting the spouse from approaching the victim due to his/her contact with their child/relative, not to protect the child/relative from the abuse.

4.1.10 How long do the orders last?

Orders a, b and c listed above ("Are there civil protection orders available to victims of domestic abuse?") last six months; and order d lasts six months (Article 10, paragraphs 1-4 of the Prevention of Spousal Violence Act).

4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.

"Data regarding domestic violence(配偶者からの暴力に関するデータ)" published by the Gender Equality Bureau(内閣府男女共同参画局)as of 25 September 2019:
http://www.gender.go.jp/policy/no_violence/e-vaw/data/pdf/dv_data.pdf.

4.2 Steps for receiving a protective order

4.2.1 What documentation is needed to obtain a civil protection order?

The following documents are required to obtain a civil protection order:

  1. a petition form
  2. a copy of a family register or certificate of residence (as material that proves that the petitioner and the other party is/was married)
  3. evidence of violence (e.g., the victim's statements, doctor's notes, emails from the other party, etc., if any)
  4. in cases where the victim also petitions for civil protection orders for their child or relative as described in Section 4.1 above, a document that certifies the relationship between the petitioner and the child/relative and the consent of the child/relative (https://www.courts.go.jp/osaka/vc-files/osaka/file/05.hogomeirei.pdf)
4.2.2 Does the victim need to attend a hearing?

As described in Section 4.1, the victim is not required to attend an opposite party's hearing. Apart from that hearing, the victim needs to have an interview with a judge. This interview is usually held on the same day of the petition.[4]

4.2.3 Can you request remedies?
The victim cannot request any special remedy under the Prevention of Spousal Violence Act. However, generally, a domestic violence victim may file a claim against the abuser for damages (including mental damages) by claiming and proving the fact that he/she was assaulted or mentally abused and the fact that the assault or mental abuse caused damage pursuant to the Civil Code.
4.2.4 Are there time limits?

No.

4.2.5 Are there different rules in emergencies?

Under the Prevention of Spousal Violence Act, a women's consulting office in each prefecture can provide temporary protection to secure the victim's safety in an emergency and provide temporary protection for victims (when a victim is accompanied by family members, for the family members as well as the victim) (Article 3, paragraphs 3(3) and 4 of the Prevention of Spousal Violence Act).

4.3 Judicial discretion

4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

It is unclear what and how much discretion a judge has. This is because, although the Supreme Court of Japan collects and publishes data on some types of court cases, it does not publish specific data in relation to court cases for domestic violence against women. However, a judge examines relatively strictly whether each requirement (existence of "bodily harm" by the spouse, the fact that the violence received after the divorce has been continuously received for the duration of the marriage, the existence of a high possibility of future violence, etc.) is met based on the objective evidence and, therefore, only approximately 60-80% of the petitions for civil protection orders are granted by the district courts.[5]

4.3.2 Are there age limits on who can obtain orders?

No.

4.4 Restitution and remedies available to victims

4.4.1 Can victims obtain reimbursement for costs and restitution paid?

As discussed in Section 4.2, generally, a domestic violence victim may file a claim for damages caused by assault or mental abuse pursuant to the Civil Code.

4.4.2 Can they recover wages and profits lost?
As discussed above, wages and profits lost can be recovered in cases where wages or profits lost are caused by assault or mental abuse and it can be proved that the assault or mental abuse caused such damage.
4.4.3 Is a separate civil process required?

Yes.