Evidence of battered woman syndrome has been used in Taiwan by a defendant's attorney to establish an affirmative defense of self-defense in a murder case. The defense was accepted by the courts of first and second instances[70] but was questioned by the third-instance court,[71] and the application of battered woman syndrome to the facts of the case was ultimately rejected by the court in a later retrial.[72] Because there have been very few court judgments and developments relating to this issue, whether the court will accept the battered woman syndrome defense in future cases is still uncertain and highly fact-specific.
The relevant laws do not specifically select "employees" as a category to stipulate a protection regime. Instead, all victims suffering from domestic violence can file a petition to the court for a protection order.[73] The court can order the abuser to maintain a specific distance, e.g., 100 meters, from the workplace of the victim.[74]
We assume that this question is asking whether an employer can terminate an employee because this employee has committed domestic violence.
If so, under Taiwan laws, there is no specific provision as to whether a departure will be deemed "for good cause" simply if he/she commits domestic violence. That said, if an employee commits domestic violence leading to a criminal conviction without granted probation or a fine in lieu of an imprisonment, the employer can terminate such employee with good cause.[75]
Under Taiwan law, there are no specific provisions covering family members that take leave to help victims of domestic violence. In practice, a family member of a domestic violence victim will need to take personal leave, which is unpaid and for a period of up to 14 days,[76] to help the victim seek treatment or obtain help and services.
Yes.
- Article 4 of the Domestic Violence Prevention Act provides that the immigration competent authority must assist victimized spouses with foreign nationalities who have overstayed in Taiwan due to domestic violence in obtaining resident permits and protect their resident rights.
- Article 50 of the Domestic Violence Prevention Act provides that in performing duties, if any member of immigration personnel is aware of any suspected cases of domestic violence, reports must be filed with the local competent authority immediately within 24 hours.
Under Taiwan laws, there is no specific provisions as to whether a battered immigrant who cooperates with law enforcement in domestic violence cases can obtain immigration remedies.
That said, we are aware that battered immigrants who suffered from domestic violence and obtained a court judgment of divorce will be permitted to continue to reside in Taiwan if he/she has minor(s) with a Taiwanese permanent residence.[77]
Yes.
- Article 8 of the Domestic Violence Prevention Act provides that domestic violence prevention centers will coordinate with judicial and immigration authorities to provide victims and their minors with short-term and long-term shelters.[78]
- Article 48 of the Domestic Violence Prevention Act provides that the police will safeguard victims and their children when handling domestic violence cases.[79]
There is no such regime as a military protective order system under Taiwan laws. A victim can seek a civil protection order under the Domestic Violence Protection Act.
Yes. Normally, judges only consider evidence that is presented by the parties to a case. However, in cases concerning family issues, especially domestic violence, judges are allowed to review facts that are not presented by the parties and proactively initiate investigations.[80]
Yes. No legal causes prohibit judges from considering the testimonies of the other spouse and the children. Therefore, general principles allowing judges to consider all lawful evidence applies.