Act on the Prevention of Spousal Violence and the Protection of Victims

telling or making known matters that are sexually humiliating to the victim, sending or making known documents, pictures, recording media or other objects pertaining to an electronic or magnetic record (meaning a record used in computerized information processing which is created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses; hereinafter the same applies in this item) that are sexually humiliating to the victim, or sending or making known electronic or magnetic records or other records that are sexually humiliating to the victim;

When a written petition contains the matters set forth in Article 12, paragraph (1), items (v), (a) through (d) or Article 12, paragraph (2), items (iii), (a) through (d), the court is to request the chief of the relevant spousal violence counseling and support center or police station to submit a paper document or electronic or magnetic record (referred to as a "paper document, etc." in the following paragraph) stating or recording the circumstances at the time when the petitioner received counseling or requested assistance or protection, as well as the details of the measures taken in response. In this case, the chief of the relevant spousal violence counseling and support center or police station is to respond promptly.

If the court finds it necessary to do so, it may ask the chief of the spousal violence counseling and support center or police station referred to in the preceding paragraph or the personnel from whom the petitioner received counseling or requested assistance or protection to further explain the matters for which the court requested the submission of paper documents, etc. pursuant to the provisions of the same paragraph.

A summons for an appearance date in the proceedings for a protection order is to be made by serving a writ of summons, making an announcement of the date to a person who has appeared in connection with the case in question, or any other method that is found to be reasonable.

If a summons for an appearance date is made other than through the service of a writ of summons or an announcement of the date to a person who has appeared in connection with the case in question, no legal sanction or other disadvantage may be attributed to a person who does not appear on that date; however, this does not apply if the relevant person has submitted a document stating that the person has received a summons for the appearance date.

Service by publication in the proceedings for a protection order is effected by the posting, in the posting area for the court, of notice that the court clerk has retained the document to be served and will deliver it to the person that is to be served at any time.

A petition or other statement in the proceedings for a protection order (hereinafter referred to as a "petition, etc." in this Article) which, pursuant to the provisions of this Act or other laws and regulations concerning the petition, etc., is to be filed or entered with the court specified by the Supreme Court (including one to be filed or entered with that court's presiding judge, authorized judge, commissioned judge, or court clerk) by means of a paper document, etc. (meaning a paper document, a transcript, extract, authenticated copy, or duplicate of a document, a duplicate of a bill or note, or any other paper or other tangible object into which information that can be perceived with the human senses, such as characters and shapes, has been entered; hereinafter the same applies in the following paragraph and in paragraph (4)), may be filed or entered using an electronic data processing system (meaning an electronic data processing system that connects a computer (including its input and output devices; hereinafter the same applies in this paragraph and in paragraph (3)) used by the court and the computer used by the person filing the petition, etc. over telecommunication lines) as provided for by the Rules of the Supreme Court, notwithstanding the provisions of the relevant laws and regulations.

A petition, etc. filed pursuant to the provisions of the preceding paragraph is deemed to have been filed by means of a paper document, etc. prescribed in the provisions of the laws and regulations relevant to the petition, etc., in which it is provided that the petition, etc. is to be filed by means of a paper document, etc., and the provisions of the laws and regulations relevant to the petition, etc. apply.

A petition, etc. filed pursuant to the provisions of paragraph (1) is deemed to have arrived at the court as referred to in that paragraph when it is recorded in a file stored on the computer used by that court.

Notwithstanding the provisions of other laws and regulations relevant to the petition, etc., in the case referred to in paragraph (1), a person filing a petition, etc. that is to bear a signature, etc. (meaning the relevant person's signature, name, or seal or other inclusion of the relevant person's name or trade name in the paper document, etc.; hereinafter the same applies in this paragraph) pursuant to the provisions of those laws and regulations, in lieu of affixing this signature, etc., is to take measures to clarify the name or trade name of the person filing the petition, etc., as provided for by the Rules of the Supreme Court.

When a petition, etc. filed pursuant to the provisions of paragraph (1) has been recorded in the file prescribed in paragraph (3), the court as referred to in paragraph (1) is to output the contents of the data recorded in the file in the form of a paper document.

The inspection or copying of a case record or issuance of an authenticated copy, transcript, or extract of a case record under the provisions of this Act or other laws and regulations in relation to a petition, etc. filed pursuant to the provisions of paragraph (1) is to be effected by means of a paper document as referred to in the preceding paragraph. The same applies to service or delivery of a document in connection with the petition, etc.

A protection order becomes effective when the electronic written decision (meaning an electronic or magnetic record created pursuant to the provisions of Article 252, paragraph (1) of the Code of Civil Procedure (Act No. 109 of 1996) as applied mutatis mutandis pursuant to Article 122 of that Act, as applied mutatis mutandis pursuant to Article 21) is delivered to the opposite party or when the decision has been rendered on the date of oral arguments or a hearing which the opposite party attended.

(Inspection of Hard-Copy Case Records)

With regard to procedures concerning a protection order, the party may submit a request to the court clerk for the inspection or a copy of case records, the delivery ofhard-copy case records or a transcript or extract thereof, or(meaning the issuance of a certificateportion of matters concerning the case; however, this does not apply to records excluding the opposite party until the date for oral arguments or a hearing summoningelectronic or magnetic case records prescribed in paragraph (1) of the opposite party with regard tofollowing Article; hereinafter the petition for the protection order has been designatedsame applies in the following paragraph), or until the protection order has been served to the opposite partydelivery of an authenticated copy, transcript or extract thereof.

The provisions of the preceding paragraph do not apply to audio tapes or video tapes (including objects on which certain matters are recorded by a method equivalent thereto) among the hard-copy case records. In this case, the party may, with the permission of the court, submit a request to the court clerk for duplicates of these objects.

Notwithstanding the preceding two paragraphs, the opposite party may not submit a request under these provisions until a date for oral arguments or a hearing summoning the opposite party with regard to the petition for the protection order has been designated or until the protection order has been served to the opposite party.

The provisions of Article 91, paragraph (5) of the Code of Civil Procedure apply mutatis mutandis to a request under the provisions of paragraphs (1) and (2).

With regard to procedures concerning a protection order, the party may submit a request to the court clerk, as provided for by the Rules of the Supreme Court, for the inspection of the contents of electronic or magnetic case records (meaning the portion of the case records pertaining to matters recorded, pursuant to the provisions of this Act or other laws and regulations, in a file stored on a computer used by the court (including its input and output devices; hereinafter the same applies in this Article and the following Article); hereinafter the same applies in this Article) displayed by a method specified by the Rules of the Supreme Court.

With regard to procedures concerning a protection order, the party may submit a request to the court clerk, as provided for by the Rules of the Supreme Court, for a copy of the matters recorded in the electronic or magnetic case records by a method such as recording them in a file stored on a computer used by the party, using an electronic data processing system specified by the Rules of the Supreme Court (meaning an electronic data processing system that connects a computer used by the court and the computer used by the other party to the procedure over telecommunication lines; hereinafter the same applies in the following paragraph and the following Article), or by any other method specified by the Rules of the Supreme Court.

With regard to procedures concerning a protection order, the party may submit a request to the court clerk, as provided for by the Rules of the Supreme Court, for the delivery of a paper document stating all or part of the matters recorded in the electronic or magnetic case records for which the court clerk has certified, by a method specified by the Rules of the Supreme Court, that the contents of the paper document are identical to the matters recorded in the electronic or magnetic case records, or for the provision of an electronic or magnetic record recording all or part of those matters for which the court clerk has certified, by a method specified by the Rules of the Supreme Court, that the contents of the electronic or magnetic record are identical to the matters recorded in the electronic or magnetic case records, by a method such as recording it in a file stored on a computer used by the party, using an electronic data processing system specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court.

Notwithstanding the preceding three paragraphs, the opposite party may not submit a request under these provisions until a date for oral arguments or a hearing summoning the opposite party with regard to the petition for the protection order has been designated or until the protection order has been served to the opposite party.

The provisions of Article 91, paragraph (5) of the Code of Civil Procedure apply mutatis mutandis to a request under the provisions of paragraphs (1) and (2).

With regard to procedures concerning a protection order, the party may submit a request to the court clerk, as provided for by the Rules of the Supreme Court, for the delivery of a paper document stating matters concerning the case for which the court clerk has certified those matters by a method specified by the Rules of the Supreme Court, or for the provision of an electronic or magnetic record recording matters concerning the case for which the court clerk has certified those matters by a method specified by the Rules of the Supreme Court, by a method such as recording it in a file stored on a computer used by the party, using an electronic data processing system specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court; however, this does not apply to the opposite party until a date for oral arguments or a hearing summoning the opposite party with regard to the petition for the protection order has been designated or until the protection order has been served to the opposite party.

Except as otherwise specially provided for by this Act, the provisions of Parts I through IV of the Code of Civil Procedure (Act No. 109 of 1996) (excluding the provisions of Article 71, paragraph (2), Article 91-2, Article 92, paragraphs (9) and (10), Article 92-2, paragraph (2), Article 94, Article 100, paragraph (2), Part I, Chapter V, Section 4, Subsection 3, Article 111, Part I, Chapter VII, Article 133-2, paragraphs (5) and (6), Article 133-3, paragraph (2), Article 151, paragraph (3), Article 160, paragraph (2), Article 185, paragraph (3), Article 205, paragraph (2), Article 215, paragraph (2), Article 227, paragraph (2), and Article 232-2132-13 of the samethat Act) apply mutatis mutandis to procedures for a protection order, tounless the extent that thisapplication is not inconsistent with their nature. In this case, each term listed in the middle column of the following table within the provisions of the same Act listed in the left-hand column of the same table is deemed to be replaced with the respective term listed in the right-hand column of the same table. Article 112, paragraph (1), main clause commenced the measures under the provisions of the preceding Article started posting, in the posting area for the court, notice that the court clerk has retained the document to be served and will deliver it to the person that is to be served at any time Article 112, paragraph (1), proviso commenced the measures under the provisions of the preceding Article started that posting Article 113 documents or electronic or magnetic records documents writing or recording writing commenced the measures under the provisions of Article 111 started posting, in the posting area for the court, notice that the court clerk has retained the document to be served and will deliver it to the person that is to be served at any time Article 133-3, paragraph (1) written or recorded document or electronic or magnetic record written document the document or electronic or magnetic record the document or electronic or magnetic record or other similar document or electronic or magnetic record or other similar document Article 151, paragraph (2) and Article 231-2, paragraph (2) method or a method using an electronic data processing system specified by the Rules of the Supreme Court method Article 160, paragraph (1) as specified by the Rules of the Supreme Court, an electronic record (meaning an electronic or magnetic record prepared by a court clerk pursuant to the provisionsnature of this Act or other laws and regulations for recording and certifying the form, content and progress, etc. of procedures on a date for proceedings or on an occasion other than such a date; the same applies hereinafter) record Article 160, paragraph (3) the contents of the electronic record recorded in the file pursuant to the provisions of the preceding paragraph the entries in the record Article 160, paragraph (4) the electronic record recorded in the file pursuant to the provisions of paragraph (2) record that electronic record that record Article 160-2, paragraph (1) the contents of the electronic record recorded in the file pursuant to the provisions of paragraph (2) of the preceding Article the entries in the record Article 160-2, paragraph (2) recording a statement to that effect in the file preparing a record Article 205, paragraph (3) matters or matters recorded in the file pursuant to the provisions of the preceding paragraph or matters recorded in the recording medium referred to in that paragraph matters Article 215, paragraph (4) matters or matters recorded in the file pursuant to the provisions of paragraph (2) or matters recorded in the recording medium referred to in that paragraph matters Article 231-3, paragraph (2) or send, or use an electronic data processing system specified by the Rules of the Supreme Court or send Article 261, paragraph (4) electronic record record must record must enterprotection orders.