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© KYODOWife, local gov't ordered to pay damages for wrongful domestic violence certification
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© KYODO
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gaijinpapa
Not sure why everyone is so happy about this..
Firstly the man probably hasn’t seen his daughter in years.
Secondly, the wife will appeal and even if there is no “certification” she might still be able to apply for a restraining order.
Medical certicates aren’t needed to prove DV in order to get a restraining order..
Has he seen his daughter? Probably not. And as long as he and his wife are fighting over this in court, it will most likely be decided that he shouldn’t be able to see his daughter during this time of conflict.
He he will however have to pay child support.
And if if they aren’t divorced yet - he will be liable to pay money to his wife until the divorce is finalized . Do the 5 grand will be used up anyway.
On on the other hand, just because there is no medical certificate, it doesn’t mean he wasn’t actually violent in the past . Who knows?
Richard Burton
Making false domestic violence allegations IS domestic violence, especially when done expressly to facilitate the most chronic and long-term damaging form of domestic violence of all, alienating the child and other parent from each other (perhaps forever). In this case, as reported, subsequent events confirm what the police and courts could not have found out at the time, not even with an investigation, that her actions were malicious fabrications with ulterior motives. Indeed, that's why the police, stuck in the middle of a 'He says- She says' argument, and facing the dilemma that he might perhaps be violent, PLAY SAFE by keeping to the 'Duluth' principle of ASSUMING that he poses a threat so, to prevent (supposed) further violence SEPARATE the parties. And certify him to prevent him finding out where she(actually THEY) now reside.
Trouble is, that also separates the father from his child/children, which is EXACTLY WHAT THE MOTHER WANTED ALL ALONG.
Facing almost exactly the same scenario, my own Judge backed down from making such a judgement, fearing that she would lose career brownie points if (as likely) an appeal reversed her judgement. Praise this Judge for courageously validating one of the true victims of domestic violence (the father), a decision which will also vitally help the other victim (the child).
juminRhee
Income-based fines are a godsend, as used in Scandinavia. Would also hold corporations to better account.
Toasted Heretic
Or perhaps, remember this
Goodlucktoyou
550,000 yen for not being able to see your child? too light.
simon g
Abundance of caution? Look at the stats, who is more likely to die at the hands of a spouse, husband or wife? Quite rightly the burden of proof should be lower for women but the penalty for falsely reporting should also be very stiff. Did the husband deny any abuse?
diobrando
A good decision on how many ? Japan is still living in another century. 6 years to realize the lie that coud have be done in a short time by correct investigation.
For the society, men = not enable to take care of kids so why to investigate?
And don't tell me policemen are not enough, 15 000 for only ONE man lately and event not a criminal.
Actually, to be a father in Japan and even more a foreigner, the risk to loose your kids is really high...and got divorced too.
Rajapaksha Gayan Chanaka
Verry Happy to hear this.
Asiaman7
"... there was no medical certificate submitted."
Actually, obtaining a medical certificate is easy. You simply tell the doctor that your injury -- whatever it may be -- is the result of domestic violence, and request a certificate. I know because I have done it. And I am male. So requiring a medical certificate is not really “proof.” It is still an unsubstantiated claim.
Disillusioned
There's the real 'dark side' of domestic violence. It's very easy for a woman to use it as a means to stop the father seeing his kids regardless of truth.
sir_bentley28
This is another case where the police don't properly do their investigative work. Another innocent man thrown under the bus and dragged in the mud because she lied. She should be made to pay a lot more.
bruinfan
The police are guilty too. The world would be better if this woman was shamed as a liar.
commanteer
This happened to a friend of mine here in Japan. There are no efforts made at verification. The excuse is that doing so might cause truly abused women harm. Of course, it's these fraudulent claims that will cause valid claims not to be accepted in the future.
My friend's wife left with the kids and a bunch of money while he was at work, and disappeared. She immediately claimed that he was violent, which meant he was unable to even talk to his kids because of this. It was traumatic all around, except maybe to her.
I am glad at least one court recognizes this, even if the fine is a pittance.
gogogo
Police need to be charged they did no investigation, if this guy did did do it the police have put the couple in danger and if he didn't they allowed a lie!
Steven Fennel
Ha! This liar was caught out, proof that the authorities take a damsel in distress at face value. Pay up, princess.
cla68
So, it’s not only in the West that the authorities take the woman’s word over the man in a marital dispute. At least the court is making her face some consequences for lying. MenToo