This guide follows Taiwan law. Consultations are in Mandarin; bring an interpreter or ask us about interpretation.
The Domestic Violence Prevention Act (家庭暴力防治法) defines family members by relationship, including spouses, former spouses and current or former cohabiting partners (Art. 3). In immediate danger, call 110 first; the 113 protection hotline interprets in English, Vietnamese, Indonesian, Thai and Japanese. A foreign spouse of a Taiwan national with household registration who divorces because of domestic violence and has not remarried may be allowed to keep their residence (Immigration Act (入出國及移民法), Art. 31(4)(2)). Economically disadvantaged spouses of Taiwan nationals who are not yet naturalized or registered are presumed to lack means for legal aid after signing a declaration (Legal Aid Act (法律扶助法), Art. 13(3)(2)).
Does Taiwan's domestic violence law protect foreign spouses?
Yes. Art. 3 of the Domestic Violence Prevention Act lists family members by relationship, including a spouse or former spouse and a current or past cohabiting partner (同居關係), with no nationality requirement, so unmarried partners of any nationality who live or lived together are covered. Domestic violence means physical, mental or economic harassment, control, coercion or other unlawful harm between family members (Art. 2, item 1).
On protection orders (保護令), how to apply and violations, see Domestic violence: protection orders and the offense of violating an order. This page covers only help and residence for foreign spouses.
I don't speak Chinese. How can I get help?
In immediate danger, call 110 first. The National Police Agency (警政署) says the 113 protection hotline (24 hours, toll-free) takes domestic violence calls with interpretation in five languages, English, Vietnamese, Indonesian, Thai and Japanese, and also offers a text message service.
At a police station, officers can use their interpreter contact list; late at night, or if no one suitable is listed, they will set up a three-way call through 1955 or 1990. The National Police Agency says the National Immigration Agency's (NIA, 移民署) 1990 hotline for foreigners serves Chinese, English, Japanese, Vietnamese, Indonesian, Thai and Khmer, with Chinese, English and Japanese 24 hours a day. In the investigation and at trial, anyone who does not understand the language is assisted by an interpreter (通譯) (Code of Criminal Procedure (刑事訴訟法), Art. 99).
If I move out or separate, will my residence be cancelled?
Not necessarily. Under Art. 24(1)(8) of the Immigration Act, the NIA may refuse residence, or revoke or cancel a granted permit, if facts show you are not living with the family member you joined (依親對象) without good reason (正當理由).
The test is "without good reason", and the wording is "may" (得). The article does not say whether leaving home because of domestic violence is good reason; the NIA decides case by case. The Domestic Violence Prevention Act also makes safeguarding the residence rights of foreign spouses not yet in the household registry (設籍前) a responsibility of the immigration authority (Art. 4(2)(7)).
外國人申請居留或變更居留原因，有下列情形之一者，移民署得不予許可；已許可者，得撤銷或廢止其許可，並註銷其外僑居留證：……八、有事實足認其無正當理由而未與依親對象共同居住，或有關婚姻真實性之說詞、證據不符。（入出國及移民法第24條第1項）
Unofficial English summary (not an official translation): the NIA may refuse, revoke or cancel a residence permit if facts show that the foreigner is not living with the family member they joined without good reason, or that statements or evidence about the marriage are inconsistent.
Can I stay in Taiwan after a divorce caused by domestic violence?
Possibly. The NIA may let a foreigner keep their residence if they were the spouse of a Taiwan national with household registration (設有戶籍國民) living in Taiwan, divorced because of domestic violence, and have not remarried (Immigration Act, Art. 31(4)(2)).
The wording is "may", and the NIA decides. The clause requires that your spouse was a Taiwan national with household registration.
移民署對於外國人於居留期間內，居留原因消失者，廢止其居留許可，並註銷其外僑居留證。但有下列各款情形之一者，得准予繼續居留：……二、外國人為居住臺灣地區設有戶籍國民之配偶，因遭受家庭暴力離婚，且未再婚。（入出國及移民法第31條第4項）
Unofficial English summary (not an official translation): the NIA may allow continued residence for a foreigner who is the spouse of a Taiwan national with household registration in Taiwan and who divorced because of domestic violence and has not remarried.
What if I have children in Taiwan?
After a divorce, the NIA may let you keep your residence if you raise, exercise parental rights and duties over, or have visitation (會面交往) with a minor child registered in Taiwan (Immigration Act, Art. 31(4)(3)), or if being forced to leave after revocation would risk serious, hard-to-repair harm to such a child (item 4). Residence allowed under either item may continue after the child reaches adulthood (Art. 31(5)).
If you have been barred from entry (禁止入國), the NIA says that where its rules on barring foreigners' entry (禁止外國人入國作業規定) are met, an application can be made to halve or shorten the ban, or not to impose it. One category of proof is "divorced by court judgment after suffering domestic violence, with a minor child registered in Taiwan", supported by the judgment and documents on the child; your Taiwanese or foreign spouse or a Taiwanese relative may file the application.
What if I have already overstayed?
If a foreign spouse not yet in the household registry overstays because of domestic violence, the Domestic Violence Prevention Act makes this the immigration authority's responsibility (Art. 4(2)(7)); and for foreigners who overstay because they are crime victims, the immigration authority must help safeguard their residence rights in Taiwan (Crime Victim Rights Protection Act (犯罪被害人權益保障法), Art. 6(2)(5)).
Overstaying carries a fine of NT$10,000 to NT$50,000, which may be reduced or waived for special reasons approved by the authority, under criteria it sets (Immigration Act, Art. 74-1(2), (4), (5)). You can call 1990 first to ask about stay and residence rules.
Can I apply for legal aid?
Yes. An economically disadvantaged spouse of a Taiwan national (國人配偶) who has not yet naturalized, or has naturalized but is not yet registered, is presumed to lack means after signing a declaration (切結), with no means review (Legal Aid Act, Art. 13(3)(2)). This route is for spouses of Taiwan nationals. For costs and procedure, see How much does a lawyer cost? Legal aid eligibility and fee rules in criminal cases.
Legal aid also covers non-nationals who, among other cases, reside lawfully in Taiwan or lost their right of residence for reasons not attributable to them (Art. 14(1)(1), (2)). The Legal Aid Foundation (法律扶助基金會) says its legal consultation is open to anyone in Taiwan regardless of status (412-8518).
有下列情形之一者，經切結後推定為無資力，無須審查其資力：一、依就業服務法第四十六條第一項第八款至第十款引進之外國人。二、經濟弱勢且尚未歸化或歸化後尚未設有戶籍之國人配偶。（法律扶助法第13條第3項）
Unofficial English summary (not an official translation): foreign workers brought in under Employment Service Act Art. 46(1)(8) to (10), and economically disadvantaged spouses of Taiwan nationals who are not yet naturalized or registered, are presumed to lack financial means after signing a declaration, without a means review.
When should I talk to a lawyer?
Residence, divorce, children and a criminal complaint may all arise at once, each with its own requirements. You can consult first to sort them out together. Attorney Hsu Chia-Chun practices at 昊鼎國際法律事務所 臺中所. This article is general information, not legal advice on your case.
Sources: National Police Agency, National Immigration Agency, Legal Aid Foundation.