What to do when being a victim of family violence in Japan?

Living in a foreign country is inherently difficult, but for victims of domestic violence (DV), life becomes even more difficult. In recent years, in Japanese, the phrase ビザDV (Visa DV – domestic violence related to residence visa) has appeared in Japanese, which means that a Japanese husband/wife often brings a visa as an excuse for domestic violence, mentally or even threaten the life of foreigners. So what to do when you are a victim of this situation?

 

For defense enforcement and/or investigation, evidence is paramount. So first gather evidence, perhaps take a photo or record an audio recording of the fight/assault then contact the Domestic Violence Victims Support and Counseling Agency (Name) Japanese: 配偶者暴力相談支援センター) nearest place for support.

 

The basic conditions for domestic violence proceedings based on Japanese law are as follows:

– Victim suffers physical harm or is life-threatening

– There is sufficient evidence to demonstrate a risk to life or physical harm 

– There is enough evidence to request a Child Protection Order 

– There is enough evidence to request a Relative Protection Order 

– Contact information to the nearest Domestic Violence Victims Support and Counseling Agency (Japanese name: 配偶者暴力相談支援センター) or the nearest police.

 

Victim protection orders:

On a case-by-case basis, the court may make Domestic Violence Victim Protection Orders. A Protection Order may include the following: 

 

Prohibition on victim contact: Prohibiting the abuser from contacting the victim, appearing in the victim’s living area (unless it is also the abuser’s living area), workplace and like other places within 6 months. 

 

Phone or other bans include: – Request to meet – Statements that the abuser stalks the victim – Violent or vulgar actions or words – Call and be silent, or call, fax, text, email continuously (except for emergencies) – Send things that make the victim uncomfortable and disgusting like trash or dead animals – Defaming or damaging the honor of the victim – Reveal or send to the victim papers, photos or materials with obscene, obscene or humiliating content. 

 

Prohibition on contact with the victim’s children or relatives: in the area and for the time period specified in item 1 above 

 

Relocation Order: requires the abuser to move out of the place where the victim is living, and not appear in the victim’s living area for 2 months

 

Violators of the contents of the Protection Order can be imprisoned for up to 1 year or fined up to 1 million yen.

 

Social welfare policies:

 

Depending on the status of residence, income level or other conditions, victims can receive the following social welfare regimes: 

 

Health insurance In Japan, every individual is obligated to participate in some form of insurance. Health insurance can be used to visit medical facilities for the victim’s physical injuries. In addition, to avoid the abuser finding out, the victim can request a change of address on the documents sent regarding health insurance. 

 

Support regimes related to child rearing These are child-rearing support regimes, which can be applied to the mother or a third person who is carrying a child. 

 

Life support mode Including financial support as well as other forms such as life support, education and health support to help victims of domestic violence to settle down and find a job. These support regimes are only applicable to those legally residing in Japan.

 

Where to support victims of domestic violence?

 

Every province, city, and locality in Japan has a Domestic Violence Victims Support and Counseling Agency (Japanese name: 配偶者暴力相談支援センター) that provides counseling, support, protect and rescue victims of domestic violence as follows: 

Consult or refer consulting agencies 
Psychological counseling 
Provide temporary, life-saving protections in emergency situations to victims and other family members 
Provide information and other forms of support so that victims can take control of their lives 
Provide information and other support about the enforcement of Protection Orders 
Provide information and other forms of assistance about shelters to victims See a list of agencies here:

https://www.gender.go.jp/policy/no_violence/e-vaw/soudankikan/pdf/center.pdf

 

Temporary relief/support measures:

In addition to counseling and support, Women’s Counseling Centers (Japanese: 婦人相談所) also provide emergency support measures for victims of domestic violence. Here, the victims can temporarily shelter with their children, providing shelter, food and psychological support for the victims. 

 

Regarding the foreign victim’s status of residence:

 

Regarding the status of residence of victims of abuse, in case they want to extend their stay or change their status of residence, even in the absence of cooperation from the abuser, the victim. You can still apply for a visa extension. In this case, the nearest Immigration Office should be contacted. Victims can also change their status of residence if they want to continue living in Japan (to raise their children with the Japanese).

 

It is important to note that foreign victims should contact the nearest Immigration Department BEFORE the expiration of their status of residence. If the status of residence expires without contact, the victim may become a violator of Japan’s residency law and not receive support and other social welfare regimes in Japan.

 

However, victims of human trafficking are protected and will receive support from embassies, immigration authorities, women’s advice offices and the police. Contact these agencies immediately if you are a victim of human trafficking.

 

In addition, the residence card is a personal document. The abuser MAY NOT ask the victim to hand over his or her residence card or copy the information on the victim’s residence card, even if the two are still in a married relationship. Contact the immigration authority for more detailed instructions.