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Free Guide to Hiring a Family Lawyer
Domestic violence in Japan is addressed primarily under a national law commonly referred to as the Spousal Violence Prevention Act. This law aims to prevent violence between people in intimate or family relationships and to protect victims through measures such as counseling, protection orders, and cooperation with police and welfare services. In Shizuoka Prefecture, as elsewhere in Japan, those legal measures are implemented through local police, family and district courts, municipal welfare offices, women and family consultation centers, and non-governmental support organizations.
Domestic violence can include physical assault, sexual violence, psychological or emotional abuse, stalking, economic control, and child abuse within the household. Because cases often involve both criminal and civil issues, victims commonly work with multiple agencies - police for immediate safety and criminal charges, courts for protection orders and family law matters, and welfare or municipal services for shelter and social support.
Domestic violence cases frequently require legal assistance for several reasons:
- Immediate protection - A lawyer can help you apply for a protection order and explain how emergency police measures and court orders work in practice.
- Criminal reporting and cooperation - If you want to press criminal charges, an attorney can guide you on evidence, statements, and coordination with prosecutors.
- Family law matters - Divorce, child custody, parental authority, child support, and division of property often accompany domestic violence cases. Family court procedures can be complex and benefit from legal representation.
- Immigration and residency issues - Foreign nationals may face visa or residency consequences if they leave an abusive relationship. A lawyer can advise on immigration options and help liaise with immigration authorities or counsel on protective measures for non-Japanese victims.
- Compensation and victim support - Lawyers can assist in applying for crime victim compensation, civil damages, or provisional measures to preserve financial resources.
- Negotiation and safety planning - Legal counsel helps manage communications with the other party, negotiate safe access for children, and structure agreements that prioritize safety and enforceability.
Key legal aspects relevant to domestic violence in Shizuoka include:
- Protection orders - Under the Spousal Violence Prevention Act, victims can seek orders that prohibit the abuser from committing violence, contacting the victim, or approaching specified places such as the victim's home or workplace. Courts can issue temporary or longer-term protection orders depending on the circumstances.
- Police emergency response - If you are in immediate danger, the police can be called to separate the parties, arrest a suspect for criminal acts, and arrange urgent safety measures. Police also often coordinate with municipal welfare offices and shelters.
- Criminal law - Acts such as assault, sexual violence, threats, stalking, and forcible confinement can lead to criminal prosecution. Victims can file reports and cooperate with prosecutors. Criminal proceedings are separate from civil remedies.
- Family court jurisdiction - Divorce, parental authority, custody, visitation rights, and property division are handled by family court. Family court can also handle matters such as temporary custody or supervised visitation in the childs best interests.
- Child protection - If children are at risk, child consultation centers and welfare authorities have powers under child welfare statutes to investigate and take protective action.
- Legal aid and fee assistance - The Japan Legal Support Center provides legal consultations and may offer financial assistance for representation based on income and circumstances. Local bar associations in Shizuoka can also provide lawyer referrals and initial consultations.
If you are in immediate danger, call the police - dial 110. The police can intervene, separate the parties, and, where appropriate, arrest the alleged offender for criminal acts. Ask the police for information about urgent measures and for a referral to local shelters or consultation centers. If you cannot safely make a call, seek help from a trusted neighbor, medical facility, or public institution such as a municipal office.
A protection order is a court-issued measure that can require an alleged abuser to stop violent acts, refrain from contacting you, and stay away from certain places. To apply, you typically file a petition at a family court or district court. A lawyer or a consultation center can help prepare the application. In urgent situations, temporary or expedited measures may be possible to get quick relief while longer proceedings continue.
Police can take emergency steps to separate the parties and may assist victims leaving a dangerous situation. Courts issuing protection orders have more authority to require an abuser to stay away from the home or to prohibit contact. Enforcement depends on the order issued and specific circumstances, so legal advice is important to understand what measures are possible in your case.
Filing a police report documents abuse and can strengthen your position in later civil matters such as divorce or custody. Criminal records or police reports are evidence that family courts will consider when determining custody and visitation. It is common for victims to pursue both criminal and civil remedies concurrently, but discuss strategy with a lawyer to coordinate actions that best protect you and your children.
Useful evidence includes medical reports and photographs of injuries, police reports, witness statements, text messages, emails, social media messages, call logs, recordings where lawful, diaries of incidents, and any restraining or threatening communications. Keep records in a safe place and consider making digital backups. A lawyer can advise on collecting and preserving evidence lawfully.
Leaving an abusive partner can have immigration implications if your status depends on a spouse or employer. Immigration rules are complex, and victims have options in some situations. Consult an immigration lawyer or a legal aid organization experienced with domestic violence and immigration to understand options for changing status, applying for protection, or obtaining necessary documentation while maintaining safety.
Municipal governments and NGOs operate confidential shelters and safe houses for domestic violence victims. Municipal women and family consultation centers or the prefectural gender equality office can provide information on availability and access procedures. Shelters often maintain confidentiality and can help connect you with social services, counseling, and legal assistance.
If you report a crime, police will investigate and may arrest the suspect if there is sufficient evidence. The prosecutor decides whether to bring charges. Criminal proceedings focus on punishment and public interest and are separate from family court proceedings. Victims may be called as witnesses, and victim support services are available to help you through the process.
Family courts prioritize the childs welfare. Evidence of domestic violence can significantly affect custody and visitation decisions. Courts may order supervised visitation, limit contact, or award sole custody to the non-abusive parent if the childs safety is at risk. Child consultation centers may be involved to assess the childs situation and recommend protective measures.
Legal fees vary by lawyer and case complexity. The Japan Legal Support Center can provide information on legal aid and may offer subsidized representation based on income and case type. Local bar associations often provide initial consultations and can point you to lawyers who handle domestic violence cases. Municipal services and NGOs may also help connect you with low-cost or pro bono legal assistance.
If you need support or information in Shizuoka, consider contacting these types of organizations and agencies:
- Shizuoka Prefectural Police Domestic Violence or Gender-based Violence Consultation Desk for immediate reporting and safety coordination.
- Municipal women and family consultation centers in your city or town for counseling, shelter referrals, and local support.
- Shizuoka Prefectural Government - Gender Equality Division or equivalent office for policy-related support and referrals.
- Japan Legal Support Center - for legal consultations, lawyer referrals, and possible financial assistance for legal representation.
- Shizuoka Bar Association - to request referrals to lawyers experienced in domestic violence, family law, and immigration matters.
- Child Consultation Center - if children are at risk or require protective intervention and welfare services.
- Local non-governmental organizations and shelters that provide counseling, temporary housing, and practical support for survivors.
- Crime victim compensation and victim support services for assistance related to criminal victimization.
If you are experiencing domestic violence or fear for your safety, consider these practical next steps:
- Immediate danger - Call the police - dial 110 - and seek a safe place. Ask for guidance on emergency measures and shelter options.
- Get medical help - Seek medical attention for injuries and request written medical records and photographs, which can be important evidence.
- Preserve evidence - Keep copies of messages, emails, photos, call logs, and any threatening communications in a safe place or with a trusted person.
- Contact support services - Reach out to a municipal women and family consultation center, a local NGO, or the child consultation center if children are involved. These organizations can help with safety planning and shelter referrals.
- Seek legal advice - Contact the Japan Legal Support Center, the Shizuoka Bar Association, or a private attorney experienced in domestic violence for help with protection orders, criminal reporting, divorce, custody, and immigration concerns.
- Consider a protection order - Work with a lawyer or consultation center to apply for a protection order if you need court-ordered prohibitions on contact or residence.
- Plan for safety and finances - Arrange for safe access to money, important documents such as residence cards, passports, and bank information, and a plan for children and dependents.
- Use interpreter or translation services if needed - If Japanese is not your first language, request interpreter assistance from municipal services, legal aid, or police to ensure clear communication.
Every case is different. If you are unsure what to do next, start by reaching out to a trusted local consultation center or legal aid office in Shizuoka for confidential advice tailored to your situation.
