Has your partner become secretive, with frequent unknown calls and endless messages? Are you starting to suspect that your spouse might be having an affair?

When a third party interferes in your marriage, how can you protect your rights?

This article explains the relevant concepts behind the Criminal Code’s “Offense Against Marriage and Family”, helping you understand the definition of family interference, how to file a lawsuit, and the correct way to handle the issue of a third party.

Definition of Family Interference｜What Counts as Family Interference After the Decriminalization of Adultery?

What exactly is the definition of "family interference"? The concept of family interference is outlined in Chapter 17 of the Criminal Code — Offenses Against Marriage and Family. This includes Article 239, which was once the now-abolished Adultery Law (ruled unconstitutional), as well as other offenses such as Bigamy (Article 237).

Additionally, actions such as enticing a married person to leave their spouse or cohabit, or luring underage children away from home, are also classified as offenses that interfere with marriage and family under the law.

(For more insights on infidelity, see: What to Do When Your Partner Cheats? How to Gather Evidence and Understand Private Investigator Infidelity Investigations.)

Comparison Between the Criminal Code’s “Offense Against Marriage and Family” and the Civil Code’s “Infringement of Spousal Rights”

There is a clear distinction between the "Offense Against Marriage and Family" under the Criminal Code and the "Infringement of Spousal Rights" under the Civil Code.

The term "enticement" refers to situations where the person being lured has given their consent, fully understanding the intention of the one doing the enticing. Moreover, for a third party to be considered guilty of family interference, they must be aware that the person they are involved with is married. If the third party was genuinely unaware, it becomes difficult to establish criminal liability for family interference.

The conditions for proving enticement to leave home or cohabit with a married person are also rather strict. If the individual had already intended to leave the marital home on their own, the criminal charge might not stand.

So how can you gather evidence in such cases?

For example, if you have screenshots of LINE conversations in which your spouse says things like "Don’t go back (home)" or "Stay with me," these can be used as solid proof.

(For more detailed information on collecting evidence for enticement-related cases, refer to: Evidence Collection for the Crime of Enticement.)

Can Family Interference Be Prosecuted by the State? Understanding How to File a Lawsuit and the Statute of Limitations

Prosecution of Family Interference Offenses

A public prosecution refers to a case where the prosecutor, on behalf of the state, files a lawsuit against the offender in court.

However, the Offense Against Marriage and Family under the Criminal Code is classified as a complaint-based offense. This means the victim must personally file a complaint with the relevant authorities. Once a complaint is submitted, the prosecutor may then decide to prosecute the offender or apply for a summary judgment to transfer the case to the court.

In some cases, if the prosecutor believes that the evidence is insufficient or there are procedural obstacles, the case may result in a non-prosecution ruling.

Additionally, the victim may choose to file a private prosecution (self-initiated lawsuit). According to Taiwanese law, private prosecutions require the victim to appoint a lawyer to handle the case.

Statute of Limitations for Family Interference Offenses

Once the victim suffers damage, the right to file a complaint arises. Under the law, the victim must file the complaint within six months from the date they became aware of the offense. If the complaint is not filed within this six-month period, the right to prosecute will be lost.

The right of prosecution (statute of limitations) varies depending on the severity of the offense, as stipulated by the relevant criminal provisions.

For example, under Article 240 of the Criminal Code, enticing a married person to leave their family is punishable by up to three years of imprisonment. The statute of limitations for this offense is 10 years.

This means the prosecution must complete investigation, indictment, and trial within this statutory period. If the time limit expires, the offender can no longer be prosecuted or punished.

The calculation of the limitation period starts from the date the criminal act was committed.

If the offense involves a continuous or ongoing act, the countdown begins from the time the behavior ends.

Yitong Detective Agency — Professional Evidence Collection for Infidelity, No More Worries About Proving Family Interference!

If your spouse’s affair partner is also married, you — as the legal spouse — have the right to file a complaint. The success of the lawsuit largely depends on whether the plaintiff has sufficient evidence and whether the prosecutor deems the evidence admissible in court.

In fact, many infidelity cases end without prosecution, even when both the spouse and the affair partner admit to the affair, simply because the evidence was deemed insufficient.

With over 40 years of industry experience, Yitong Detective Agency offers professional and comprehensive evidence collection strategies. Our team can assist you in gathering strong and sufficient proof, ensuring that you are fully prepared before entering legal proceedings — together, we’ll help you face and overcome the “third party” crisis.