Filing for domestic violence after a divorce

Good afternoon to all. I’ve been reading the feeds of forumosa for the past 7 or 8 years and have enjoyed browsing through the broad range of topics that are available here. I’ve finally come to a point during my life in Taiwan where I myself would like to contribute my finding and also ask for suggestions regarding a potential law-suit against my second ex-wife who is also the mother of my first child. I am open to going deeper into personal matters on this feed if deemed necessary. I also think it is important to let the participants on this feed know that I am the Indian guy that sat nude on a rock in the middle of Taipei and would prefer not to dive into that topic on this feed as it might not hold much relevance here.

My question is quite simple with a few complexities. Here I go…

Is it possible to file a report for domestic violence/assault that happened during my previous marriage after 3 years of the act happening?

An incident occurred between my ex and I a little over 3 years ago when her family refused to allow me to take our child back to my place of residence and back to his kindergarten the next morning.

I had taken a camera with me to record the conversation because I was concerned that her family may have been up to some shady nonsense without my knowledge [Mid 2016]. I tried to communicate with her to the best of my ability and was met with unfriendly behavior from her and her family. She eventually came to a point where she lashed out at me and attacked my shoulder and the mid/lower back. The entire incident had been recorded and I had taken the matter to the police within the following hour only to be met with some unfriendly police that preferred not to waste their time on such matters. My ability to communicate with the police was very limited and I left without filing a report and didn’t visit the hospital as I didn’t sustain much injury. I had not followed up on the matter of filing a police report and instead made an effort to retain communication with my kids mother after that incident.

My wife at the time was holding another relationship during our marriage [2015-2017]. That relationship came to an end when her mother informed the members of the other household that she was still married to me [mid 2017]. She then entered another relationship within a month of breaking up with the previous partner and continues to hold the current relationship til present. We divorced in the month of January 2018 and I had signed full custody for our child over to her hoping that she would be a loving and sensible mother.

Our relationship has been mostly friendly since our divorce and I have had more opportunities to see our child at the expense of surrendering my ARC [spouse based]. I am not holding a degree or certificates that would allow me to enter employment in Taiwan. I am currently unemployed and borrowing money from my girlfriend in my efforts to stay here and continue seeing my child. I have been rejected for a gold card ARC application [early 2019] as I do not meet the requirements for it to be approved. I have requested my kids mother to share custody with me on many occasions only to be met with her going back and forth on the matter.

She has recently turned our relationship upside down even further by refusing to respond to my messages and answer my calls [early/mid 2019]. I have made attempts to visit her home from time to time to find out how are son is, only to be met with more unfriendly acts and abuse. My most recent visit ended with her telling me to leave and telling me that she was moving and wouldn’t let me see our son again [September 2019]. I waited nearby and my son came onto the street side shortly after his mother went to shower and he and I rode away. We stayed together at my girlfriends place for a couple of weeks. My kid is close to 7 years of age and has entered his first year of elementary school. The elementary school and a children’s social worker have since contacted and met with me in an effort to have my kid returned to school [mid September 2019]. My kid is currently back in school again and has been returned back to my ex’s household for the time being. He says he hates living with his mother and her family and would like to live with me instead. I have told him that I am short on money at the moment and that I would like to have him back together with me when my circumstances are stable again. The school teachers have provided me with a phone number to contact the classroom so that I may contact and speak with him as his mother has blocked me from all mediums of contact. Recommendations and knowledge would be appreciated.

I am not an expert on either divorce or criminal law in my home country, and am especially ignorant on Taiwanese law. You have a lot of things going against you on this. You’ve signed over full custody of your child, you are unemployed and perhaps unemployable under the law, and what you did with your son would have probably landed you in jail in the US for kidnapping.

Before you take any legal action, you should consider two things:

  1. What are the chances that you taking legal action will backfire on you, whether because of your own actions, immigration status, or invented accusations?

  2. What is your best desired outcome?

If the goal is to get shared custody of your son or to get enforced visitation rights, I suspect that filing this lawsuit (which seems frivolous to me), will not get you there. If you have existing visitation rights, I would instead look to enforce those. And I would also make sure that you do not engage in any activity which may be interpreted as illegal.

Best of luck to you.

10 Likes

There are probably plenty of accusations that could go back and forth and she and I could really go at it for an unnecessary amount of time. I am seeking knowledge on here as I am looking to press a charge on a precise matter that has been video taped and not other accusations.

I am looking for some fair justice regarding this matter. Having custody and visitations rights are currently out of question as his mother has either gone back on forth during. Her most recent response was a refusal saying that I couldn’t afford our child.

I suspect that if you press a charge on this precise matter, your ex-wife will look to press a charge on a different precise matter…or several. Judging by what you’ve said here, I think it is best that you simply move on.

Which matter? If it is on assault, I think your claim is frivolous by your own account. If it is regarding visitation, don’t take your ex-wife’s position as dispositive. Press your rights through legal means.

I believe that you trying to pursue an assault charge will turn out badly for you and, far more importantly, for your son.

4 Likes

@Lawrence-D

If it is an offense of Causing Injury described in Article 277 of Criminal Code of the Republic of China, it should have been filed within six months (Article 237 of The Code of Criminal Procedure and Article 287 of Criminal Code).

Civil litigation might be different, though.

You could get a legal counseling for free at Legal Aid Foundation.
https://www.laf.org.tw/en/

I understand your point of view here but I’m not really sure if making judgements and suggesting me to move on helps answer my original question. I think I’ve made my purpose pretty clear already and am open to discussing further if you would like. The matter of getting custody for my child is a different matter altogether and probably should be left for another topic. The reason for me starting this thread is to find information regarding the assault and to find out if it is still possible to press charges for something that happened three years ago. I am also hoping to get further information regarding the process from others that have been in similar situations.

I fail to see the wisdom in not pressing charges if this is an option that might bring me a step closer to having a more frequent relationship with my child. I have yet to speak to a lawyer regarding regarding my approach.

I’m no legal expert, but it would appear that your current predicament is less of a legal problem than a life problem, so it seems unlikely that there’s a legal solution. If your goal is some form of custody, “sponging off my girlfriend” probably isn’t the best financial position to be in. One possible solution may be to marry your girlfriend, obtain work rights and find a job. This would surely take you a few steps closer to your goal.

11 Likes

What are you trying to achieve?

This is not a strong case as the ‘damages’ were neglectful and not permanent.
This will make any future encounters with your ex wife more hostile/uncooperative.
If you are looking for revenge. Then her alleged adultery during marriage is much stronger case if you have evidence.
You made your negotiation position about your child quite difficult by divorcing before getting APRC and giving away full custody to your wife.
Your ex could just move and it will be years until you potentially get your visitation rights restored through court ruling.

You seem quite ‘unlucky’ with you marriages. Divorce is difficult in Taiwan especially if a child is involved. Be more patient before getting married, maybe!?

7 Likes

Thank you for providing the links and suggestions.

It seems like the link for the Criminal Code of the Republic of China is currently unavailable.

the link works for me, but you may easily find the law by googling its title.

The girlfriend that I’ve been “sponging off” and I have both spoken about this as an option. We have only come together in the past few months and I don’t think jumping into another marriage without consulting the opinions of others about some other legal options seems any wiser than me openly signing divorce papers and peacefully handing over custody. She has suggested that I seek legal council before we continue the conversation of marriage any further.

I’m trying to find a way back to our child without having him tangled up in the web of family law in Taiwan. The idea of getting revenge for someone else choosing to be in another relationship seems fantastic and would probably make a strong case, but not the one I’ve been sponging off my girlfriend for.

if I understand the law and the situation correctly, it seems to be not possible to press a criminal charge. But, again, you could get a professional opinion at LAF for free.

1 Like

Indeed. Your suggestion holds wisdom and I have started looking into the process of getting a professional opinion with LAF.

Thanks again.

i’m sorry, let me get this straight: the child’s mother has custody (something you agreed to). then, for some reason you have not detailed (care to expand on this?), she ended communication with you. (incidentally, this should not be an issue because you are not married and you do not have custody.) so then you stalk her for months and end up kidnapping her child, keeping him out of school in the process.

you then very casually detail the events of stalking and kidnapping on forumosa in a post to ask for legal advice about how to sue your ex wife.

jesus f :zipper_mouth_face:

Please consider your life situation and the legacy you wish to leave behind, if any. [last paragraph reworded by moderator]

2 Likes

I am sympathetic to your situation and I hope you are able to resolve it, but since you’ve marked this as solved, I hope you can explain that sentence. You say it like everyone should know about it, but I haven’t heard of that story. Was it in the news? Why did you do that?

1 Like

I’m not sure how to respond to what you’ve posted and it sounds to me like you’re trying to give a limited perspective on topics that I have made an effort to keep out of this discussion. Could you at least clarify the questions you want to ask so that myself and others might understand your point?

Couldn’t he get a joining family ARC based on that being his kid? Or maybe giving away custody negated that option?

1 Like

How are you able to stay in Taiwan with no ARC and no job?

2 Likes

I had some savings for the past year and a bit and those have dried up so I’ve been borrowing money from my girlfriend. I’ve been doing 90 day landing permits on an Australian passport since having my ARC revoked.

Fyi