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Taiwan: Domestic Violence Law Amended

(Feb. 2, 2008) On January 9, 2008, the Domestic Violence Prevention Law was amended. Article 10, item 3, now specifies that the docket fee is waived for the filing of a request for, revocation, alteration, extension, and appeal of a restraining order. (Amendment to Domestic Violence Prevention Law, 6779 THE GAZETTE OF THE OFFICE OF THE PRESIDENT 21 (Jan. 9, 2008), available at http://content.glin.gov/summary/201627.) The amendment further states that this provision is also to be applied in accordance with article 77-23, item 4, of the Code of Civil Procedure. The latter stipulates that there is to be no additional tax levied on fees for service effected by mail or telecommunication or on fees for meals, accommodation, and transportation incurred by the judge, court clerk, executive officer, and interpreter for conducting acts of litigation outside the courtroom. (Code of Civil Procedure, as last amended on Mar. 21, 2007, LAWBANK [in Chinese] (unofficial source).)

Article 10, item 3, of the Domestic Violence Prevention Law had formerly simply stated that the docket fee is waived for the petitions referred to in the preceding two items [i.e., requests by the victim (or the victim's representative) for a general or temporary restraining order and requests by the relevant authorities for a restraining order] (Jiating baoli fangjhih fa (amended as of Mar. 28, 2007), Domestic Violence and Sexual Assault Prevention Committee, Ministry of Interior, Web site; for an English translation, as well as related laws and regulations, see the same Web site at http://dspc.moi.gov.tw/lp.asp?ctNode=605&CtUnit=115&BaseDSD=7&mp=5 (last visited Feb. 1, 2008).) Taiwan established an electronic database on domestic violence pursuant to regulations issued on September 27, 2007 (Regulations on Establishment, Management and Use of Domestic Violence Electronic Database, id, available at http://dspc.moi.gov.tw/ct.asp?xItem=2229&ctNode=605&mp=5 (last visited Feb. 1, 2008)).