Best Domestic Violence Lawyers in Osaka

About Domestic Violence Law in Osaka, Japan

Domestic violence, commonly referred to as "DV" in Japan, is a significant social and legal issue affecting people regardless of gender, nationality, or background. In Osaka, as is the case throughout Japan, domestic violence covers various abusive behaviors-including physical, psychological, sexual, and economic abuse. The national law demonstrates a strong commitment to preventing domestic violence and protecting victims, but local ordinances and services in Osaka provide further support and resources for affected individuals. Understanding your rights and options is crucial if you or someone you know is experiencing domestic violence in Osaka.

Why You May Need a Lawyer

There are many situations where obtaining legal help in domestic violence cases is important:

• You are experiencing violence or threats from a spouse, partner, or family member and want to seek immediate protection.
• You have been falsely accused of domestic violence and need to defend your legal rights.
• You wish to file for divorce, custody, or child support and are concerned about domestic abuse.
• You need assistance applying for a restraining order or protection order.
• You are facing criminal charges related to domestic violence and need legal representation.
• You are unsure about your rights or the procedures to follow and want professional advice.

Local Laws Overview

The main legal framework regulating domestic violence in Osaka is the Act on the Prevention of Spousal Violence and the Protection of Victims, a national law that is locally enforced. The Act allows victims to seek various types of protection, including:

• Restraining orders to keep abusers away from victims and family members.
• Emergency protection orders that can be issued quickly in urgent situations.
• Special residential support and temporary shelters for victims and their children.
• Police intervention and protection services.

Frequently Asked Questions

What types of behaviors are considered domestic violence in Osaka?

Domestic violence includes physical assault, threats, psychological or emotional abuse, sexual violence, economic control such as restricting access to money, and stalking or harassment by a spouse or intimate partner.

Who can apply for a protection order in Osaka?

Any individual experiencing abuse from a spouse, live-in partner, or former partner may apply for a protection order. This includes people in common-law marriages and foreign residents.

How do I apply for a restraining order or protection order?

You need to apply at the family court, typically with supporting evidence. Local DV counseling centers and lawyers can help you prepare the necessary documents and guide you through the process.

Can men also be victims of domestic violence in Osaka?

Yes, men can be victims of domestic violence, though statistics show women are more frequently affected. Services and legal protections are available regardless of gender.

Is domestic violence considered a criminal offense in Japan?

While the DV Prevention Act focuses on protection and prevention, certain forms of domestic violence, such as physical assault or threats, may also be prosecuted as criminal offenses under the Penal Code.

What support is available for foreign nationals experiencing domestic violence in Osaka?

Many support services and DV shelters offer multilingual assistance. The Osaka Prefecture has counseling centers with interpreters, and legal aid may be available to those who qualify.

What should I do if I am in immediate danger?

If you are in immediate danger, call emergency services at 110 (police) or seek shelter at a DV center. Do not hesitate to leave the situation and access help as soon as possible.

How long does a protection order last?

Emergency protection orders are typically valid for two weeks, while regular restraining orders issued by a court can last up to six months, with the possibility of extension in some cases.

Can I get custody of my children if I am a victim of domestic violence?

Japanese courts generally prioritize the safety and welfare of children. If domestic violence is proven, it can strongly influence child custody decisions.

How can I prove domestic violence in court?

Evidence can include medical records, police reports, photographs of injuries, witness statements, and diaries or records of abusive incidents. Consulting a lawyer can help you gather and present this evidence effectively.

Additional Resources

If you need further support or information, these resources may help:

• Osaka Prefectural Domestic Violence Counseling Center - Offers free consultations, information on shelters, and support in multiple languages.
• Women’s Shelter Osaka - Provides temporary accommodation and support for abused women and their children.
• Osaka Bar Association - Can help you find experienced lawyers specializing in domestic violence cases.
• National DV Helpline - Provides 24 hour telephone support for victims of domestic violence.
• Osaka City Office - Social welfare divisions provide guidance and connect victims with relevant services in your local ward.
• Legal Support Center (Houterasu) - Offers information on legal procedures and may be able to refer you to free or low cost legal counsel.

Next Steps

If you or someone you know is affected by domestic violence in Osaka, it is important not to face the situation alone. Begin by reaching out to a local DV counseling center or shelter to ensure your immediate safety. Consulting with a lawyer is highly recommended so you can understand your legal options and start the process for obtaining protection. Prepare any documentation or evidence of abuse you may have, and do not hesitate to contact the police if you are in imminent danger. Remember, resources and support are available, regardless of your nationality or current residency status. Accessing timely legal advice is key to safeguarding your rights and well being.