Tapwr

Taipei Association for The Promotion of Women's Rights
(TAPWR)

When home is no longer a shelter

by By Hus Chia-ching / 徐佳青
member of TAPWR

 To many families in Taiwan , June 24 ,1999 is a day to remember as the day the Domestic Violence Prevention Law(家庭暴力防治法)took effect . Many women are looking forward to what the law will give them in rudimentary assistance to help them live in dignity, as all human beings deserve.

 The law indicates the awakening of women's rights in Taiwanese society, which has been characterized by neglect of human rights and patriarchy. How to realize the concept that domestic violence is not a private matter but a public crime is a crucial challenge for all the members of our society.

 The Domestic Violence Protection Prevention Law was originally drafted in early 1990. The law was held up in the legislature for years, until several notorious murder cases in 1997 and 1998, notably those of DPP official Peng Wan-ju (彭婉如)and Pai Hsiao -yen(白曉燕),the daughter of a well-known TV show hostess, drew public attention to the issue . Faced with the public outrage incited by these two cases, the legislature promptly passed in May 1998 and promulgated one month later.

 The law can be roughly divided into four sections, covering civil law, criminal law, family law and preventative services. The civil law section governs the application and issuing of restraining orders. The criminal procedure section creates a police obligation to arrest those who commit violations of the law and specifies their penalties. The household section spells out the rights of custody and visitation. Finally, the prescribe the authorities to establish organization to teach and train how to prevent domestic violence.

 The new restraining order system in the law can provide a prompt, convenient and effective way for victims to avoid violence, reducing the need to resort to more tradition means, such as running away from home to a shelter or filling for divorce or injury suits. But, in order to work properly , the system requires careful preparation . It is to meet this need that the legislature established a one year period between the law's promulgation and its coming into effect , to allow the authorities sufficient time to make a detailed plan and to carry out adequate professional training.

 However, there are still questions about the implementation of the law in practice. Will restraining order be issued in time? Will related medical personnel, policemen, social workers and officials of education and judicial department's work together to provide comprehensive assistance to victims? And will authorities be able to break away from their old habit and enforce the law aggressively? These factors will determine whether the Domestic Violence Prevention Law will be effective and whether domestic violence will finally be addressed more thoroughly.

 Here is some advice for people to deal with domestic violence. When an incident occurs in your family,

  • first protect yourself and keep away from the violent person, then call one of the new protection hotlines or 110 to ask for police assistance.
  • Second, go to the emergency room of the nearest major hospital for treatment. Specify that you are a victim of domestic violence, and have them fill out an "A class" medical report (甲種驗傷單).
  • Third, ask the police to investigate and record the case, including the required "Domestic Violence Case Investigation Report" (家庭暴力案件調查記錄表),and save any evidence.
  • Fourth, if the situation warrants, apply for a restraining enforce it.
  • Fifth, seek psychological and legal counseling and financial assistance from the new domestic violence protection centers, social affairs bureaus or women's organization.

Remarks:

    Hsu Chia-ching is member of the Taipei Association for the Promotion Women's Rights (台北市女性權益促進會)

Tapwr Taipei Association for the Promotion of Women's Rights (TAPWR)
    No.1, Ta Chi Street, Taipei, TAIWAN
    TEL: 886-2-25323641 FAX: 886-2-25326732
    E-mail:tapwer@gcn.net.tw