crime

High court rejects claim of wrongful domestic violence certification by ex-husband

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Police are not necessarily required to investigate claims by the (alleged) perpetrators because they give priority to ensuring the victims' safety

How about priority to the truth? So called victims can say anything and it wont be verified? If I ever want to break up with my partner I can make up some BS and police will protect me?

16 ( +17 / -1 )

I've been through a Japanese divorce and have been banned from seeing my kids for no reason than 'she' says I can't see them. My kids have also suffered duress from her brainwashing against me. I went to the house to see my kids and she called the police and told them I threatened her with violence, which was a total untruth. All I did was ring the bell. I was detained and interrogated by the cops. I was released without a charge. Then, due to her constant denial of letting me see my kids, I waited for them outside their elementary school, picked them up and took them home after a brief visit to McDonalds. She got home from work around 7pm and the kids told her they had seen me. She called the cops and told them I was stalking my kids. They arrived at my place around 8:30pm and told me to stay away from my kids or I would be arrested. That was nearly four years ago and I have not seen my kids since. Let me make this very clear! I have done nothing to this woman! No violence! No threats! Nothing! The only thing I have done is requested to see my kids, which she ignores. She told me to stop emailing her or she would have me charged with stalking. I have left Christmas and birthday presents with the doorman at the apartment block and the kids never received them.

This is where the Japanese joint custody laws (or lack there of) totally fail. It is whatever the woman says. When we got divorced she said I had to pay ¥3,000 per hour, per child for visitation and the court supported it. She eventually agreed to a lump sum monthly payment 6 months and 3 court visits later, but told me I could only see my kids one day per month. They were not allowed to come to my house and I had to submit a plan in advance of what I intended to do with the children, which again was supported by the courts. I've tried to fight this BS through the city courts and every time she just says, "I fear violence" and that is the end of it. As a result, I have just given up and resigned myself to the fact that, I will never see my kids again. They live 5 kilometers away from me. My daughter will be 16 in a little over a year and 'she' will not be able to stop me seeing her. However, due to the brainwashing against me, my daughter doesn't want to see me. It is far beyond a joke!

12 ( +13 / -1 )

I had to read the article more than once to understand exactly what had transpired. It was a little confusing.

Honestly, this is a difficult one.

On the one hand, domestic violence happens far too often and usually by men against their partner / wife. There needs to be protection for victims of domestic violence, including preventing perpetrators being able to stalk / track down their victims after the fact.

However, the idea that someone can allege abuse and they be taken at their word, without an investigation by police to determine the facts, is troubling, particularly if there is a minor child involved where the result would be that one parent may be deprived of being able to see their child.

This is particularly true in Japan where, in the case of divorces, there is no joint custody and if the parent possessing custody does not want to grant visitation to the other parent, they cannot be forced to do so.

And, in this scenario, if they use the allegation of abuse to essentially prevent the other parent from knowing where their child lives, then they can work the system to prevent the other parent from having contact with their child.

And, if enough time passes, then even if the allegations turn out to have been false, Japanese courts would let the situation stand as is.

Again, I am not saying the allegation of abuse by the husband / father is false / unfounded. I am just saying that it was never proven and the system is set up such that this could be a way to gain custody and then essentially cut the other parent out of their child's life.

9 ( +10 / -1 )

(...former wife claimed she was the victim of abuse...police accepted the request WITHOUT trying to verify her account...

...Police are not necessarily required to investigate claims by the (alleged) perpetrators because they give priority to ensuring the victims' safety....)

This here says it all. False allegations have become a consequence free weapon for women. To get married means to throw away all leverage in the relationship. Go the surrogate route if you want kids.

8 ( +9 / -1 )

Talk about a short sighted system.  Although that seems to be the norm as guilt is typically assumed.  Fathers in this country don't stand a chance.

S

8 ( +8 / -0 )

@Disillusioned,

No words can describe my sadness for your situation!! And for your loss!!

This is EXACTLY the point I was trying to make with my post!! How the system can be gamed to deny parents access to their children!!

Our family knew a wonderful Japanese family, whose daugher married a man from a rich Japanese family. They had 2 children. Then the husband found a girlfriend and filed for divorce. And, then alleged that the mother (our friend) was mentally unstable, and demanded custody, using the father's family wealth to prove support.

They then turned around and denied the mother access to her 2 children and then poisoned the children's mind with lies about their mother.

The mother, who I knew very well, couldn't take it and she ended up committing suicide. Her children, now that they are adults, have begun to find out the truth and, obviously, they are now thoroughly lost.

The system HAS to be changed. Charges have to be investigated and proved.

And, joint custody, when children are involved, has to be an option.

But that would require updating a 19th century family law system.... and that doesn't seem likely anytime soon!!

8 ( +9 / -1 )

The problem with domestic violence is that it is difficult to prove. Majority of people that suffer from domestic violence do not go to the hospital.

When it comes to child laws in Japan, there are many dead beat fathers; however, there are also many good fathers that want a relationship with their children but can’t have one. The laws here do not allow for joint custody, the mother is typically given custody, and tracking someone down if they decide to move is not easy to do.

6 ( +6 / -0 )

After receiving a police report, the local municipality limited access to the former wife's address in the government database.

I think the ward offices shouldn't be giving personal details to ANYONE (even husbands and wives) over the counter. The attitudes to privacy and security here in JP are atrocious.

That said...

... the Nagoya High Court said the man used violence such as "pushing the former wife's buttocks by foot"...

Sorry. But that is not 'violence' in my book. Either the full story is not being told here, or the man is potentially being railroaded by yet another woman using her child as a weapon.

"We cannot say that she failed to satisfy the requirements as a victim of domestic violence who deserves legal protection," Nagano said.

"Police are not necessarily required to investigate claims by the (alleged) perpetrators because they give priority to ensuring the victims' safety," he added.

Pray, tell why you would label it as "domestic violence" but not investigate at the time?

4 ( +6 / -2 )

"Police are not necessarily required to investigate claims by the (alleged) perpetrators because they give priority to ensuring the victims' safety,"

So any random woman can lie to the police and say that I did something to her that I shouldn't have done even though I've never met her, know her or have any affiliations with her and they will believe her? Wow! Sums up the "conviction rate".

4 ( +5 / -1 )

Another area, like Japan's "justice" system, where the authorities and legislators would do well to learn from the examples available in more advanced societies.

4 ( +4 / -0 )

gogogo , looking at past publicized cases

there is a reasonable chance that if you make up a lie just to get away from partner, it will in fact work., that said there is also reasonable enough chance that if your life will be in fact in actual danger, police will ignore your complaint...

quite amazing really for taxpayer funded public service ( police is that in case you forget )

2 ( +2 / -0 )

The man’s claims of being wrongly accused could still have great merit. In this case, the high court has basically stated that a claim of domestic violence, false or not, can elicit protections, and the authorities are under no obligation to verify those claims. And since the authorities did not breach any obligation (because they don’t have an obligation), monetary penalization cannot occur.

 

Presiding Judge said the man used violence such as "pushing the former wife's buttocks by foot"

 

Such claims are not independently verified in Japan. Judges, who typically have very little real-world experience, simply believe the plaintiff, who makes the charge, or the defendant, who generally denies it. Moreover, no medical certificate was submitted to verify any injuries in this case. However, such certificates can easily be obtained from doctors by simply requesting one. If a doctor were to give me a certificate reiterating my claim that my wife bruised my hand, has any real evidence been presented to verify that she was the cause of that injury? Absolutely not.

2 ( +2 / -0 )

So many policemen in Japan but nobody available to investigate about family matters, rapes, child abduction etc...and old politicians to create new law even more.

Heard about so many cases that even abroad, my family got the news and got worried when I was involved with Japanese woman...

2 ( +2 / -0 )

Disillusioned's story is far too common in Japan. Some women know that they can use groundless DV allegations to take control of divorce and custody discussions. It is your word against hers and she will be believed, not you.

If you have children and are ever in a situation where a marital argument is spinning out of control, get out of the house. Do not stick around in case you end up in a situation where you may retaliate, even if its just grabbing an arm that is hitting you or throwing things at you. Your actions will have much graver consequences than your wife's.

1 ( +2 / -1 )

Talk about a short sighted system. Although that seems to be the norm as guilt is typically assumed. Fathers in this country don't stand a chance.

Itseems to be one of the few areas in Japan where the injustice benefits the women and not the men.

-1 ( +3 / -4 )

Usually it goes the other way, women get abused and police dont do anything. this woman did the right thing by escaping from him and protecting her child. and for once they did right thing and protected the victim,

but again the system favors the man and made the woman and government pay. Now the police wont help women if they claim that they are a victim of abuse, until the woman gets physical damage that is visible with evidence.... not all abuse can leave visible marks....

I hope even after paying, the woman and her child are still safe from the man who actually was just after the money..

-8 ( +0 / -8 )

It’s not clear in this particular case, but just saying that domestic violence does have the possibility of being unjustly used. Anyway, what caught my attention to comment here was the ‘kick on the backside’. You should NEVER do that. For many reasons of course, one being if a person is not expecting it, the involuntary muscles in the back being unprepared (worse if you lower back muscles are weak) can immediately give you a lumbar disc herniation. What we commonly call slipped disc. And it’s more serious than most people think it to be.

-12 ( +0 / -12 )

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