6. Special issues | Japan | Fighting Domestic Violence

6.1 Battered woman syndrome

6.1.1 Can lawyers present evidence of battered woman syndrome or other domestic abuse as an affirmative defense to crimes that the battered woman has committed? (Note: Battered Woman Syndrome is accepted by courts in certain jurisdictions to show that battered women can use force to defend themselves and sometimes kill their abusers due to abusive and life-threatening situations.)

No. While domestic abuse may be taken into consideration as an affirmative defense in certain circumstances, ordinarily, it is very difficult to justify crimes committed by a battered woman.

6.2 Domestic violence in the workplace

6.2.1 Can courts issue orders to protect employees suffering from domestic violence?

No.

6.2.2 Can departure be deemed "for good cause" if related to domestic violence?

There is no way for an employee suffering from domestic violence in the workplace to take paid leave other than ordinary annual leave.

6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?

Practically, family members may take ordinary annual leave, but there is no specific provision for individuals to take special leave to help victims.

6.3 Immigration

6.3.1 Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents from using immigration laws to perpetrate domestic violence against their spouse?

No, there are no such provisions.

6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?

Ordinarily, the Ministry of Justice can revoke the status of residence of a foreign national residing in Japan with the status of "spouse of a Japanese national" or "spouse of a permanent resident" where they have not been a spouse continuously for six months or more. However, battered immigrants who require protection may not have their status of residence revoked, even if they have not been a spouse continuously for more than six months.

6.3.3 Does domestic violence law discuss asylum accessibility?

No.

6.4 Armed forces

6.4.1 Can a victim seek a military protective order if the abuser is in active military?

No.

6.5 Child custody and child/spousal support

6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?

Yes, when the court issues a proximity prohibition order related to a child, the court will also issue a proximity prohibition order related to the victim.

6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?

Yes. Judges may consider the testimonies of the other spouse, but they do not ordinarily seek the testimony of children. Additionally, if the victim seeks a proximity prohibition order related to their child and the child is 15 years old or older, written consent of custody from the child is required.

6.6 Housing rights of domestic violence victims

6.6.1 Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?

No.

6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?

No.

6.6.3 Can an order exclude the abuser from the residence?

Yes. The court can issue a deportation order where the abuser and his/her spouse cohabit. In such cases, the court may order the abuser to leave the property for two months to allow the victim to prepare to move out and the abuser will be prohibited from loitering around the home.

6.6.4 Can abusers be forbidden by court orders to alienate or mortgage the property in his/her name if it is the family domicile?

No.

Fighting Domestic Violence

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