1. Legal provisions
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1. Legal provisions Start Comparison
1.1 What are the relevant statutes and codes?

The main ones include:

  • Domestic Violence Prevention Act
  • Enforcement Rules for the Domestic Violence Prevention Act
  • Criminal Law
  • Taiwan Code of Criminal Procedure
  • Civil Code
  • Civil Procedure Act
  • Family Act
1.2 What is the controlling case law?

After the Legislature Yuan passed the amended Court Organization Act in 2019, Taiwan became a case law country, where all third instance court judgments/rulings are binding. However, no controlling case regarding domestic violence has been developed yet.

1.3 What are the specific parts of the court system that address domestic violence?

Generally speaking, Taiwan's court system is divided into three parts: (1) the civil court system; (2) the criminal court system; and (3) the administrative court system.

The court system involved will depend on the nature of a domestic violence case. To elaborate, the civil court system addresses some domestic violence issues (e.g., protection orders), whereas in cases where a domestic violence case concerns criminal liability, the criminal court system addresses the part related to criminal issues.

1.4 What are potential causes of action?
  • Protection orders: A victim may file a petition with the court for an ordinary protection order, temporary protection order and/or emergency protection order.[1]
  • Monetary claims: A victim may file a complaint with the court against the perpetrator for monetary compensation.[2]
  •  Criminal complaint: In a situation where a domestic violence matter concerns crime (e.g., a victim is physically attacked by the perpetrator), the victim may file a criminal complaint.[3]