Domestic Violence and Divorce in Japan

In the first 6 months of 2012, there were 2,016 reported cases of domestic violence in Japan.  Of those cases, 94.3% of the victims were women.  Domestic violence normally occurs between husband and wife, but it can also happen between couples that are not officially married.  The law also applies to former spouses who have already divorced.

When domestic violence occurs in a marriage it is considered suitable grounds for divorce by a court of law.  Spouses claiming domestic violence as the reason for their divorce will also often be able to claim damages from their spouse to compensate for the abuse.

Domestic violence can include physical battery but also psychological intimidation and abuse that amounts to physical violence.  To prevent this violence, victims are encouraged to apply for a restraining order from the local police.  This restraining order will prevent the abusing spouse from approaching the victim for six months.  If the spouses live together, the abusing spouse will be required to leave the residence for two months.  This restraining order may also prevent the abusing spouse from coming into contact with any of the minor children or relatives of the victim.

As a further protection against domestic violence once the restraining order expires, a court may grant a protection order after a hearing.  However, the abuser has the right to appeal this decision.  Violation of the protection order can result in a fine of 1,000,000 yen or up to a year in prison.

In extreme cases, Japan also has shelters for women seeking an escape from an abusive relationship.  These shelters are funded by Japan’s anti-domestic violence laws and provide a safe haven for abuse victims.


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