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Q

I'm afraid of running into my husband during the domestic violence divorce lawsuit.

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My wife and I have been married for 10 years. We have two kids. But recently my wife couldn't put her phone down and was staying out at night often, and I eventually found out there's another man involved. My wife is denying it, but I want to file a lawsuit against the other man first, then think about divorce. Is a lawsuit against the other man possible?

domestic violence divorce lawsuit

A

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I fully understand the feelings of a victim who is afraid of facing the perpetrator during a divorce lawsuit based on domestic violence.


The current legal system has several mechanisms in place to protect such victims.

First, if it is conducted in parallel with the domestic protection case procedure, you can use the temporary measure system under the "Act on Special Cases Concerning the Punishment of Domestic Violence Crimes".

The court can decide on temporary measures such as a no-contact order and a no-telecommunications-contact order against the perpetrator (Article 29, Paragraph 1 of the "Act on Special Cases Concerning the Punishment of Domestic Violence Crimes").

Second, you can request victim protection measures in the domestic violence divorce lawsuit procedure itself.

For example, on mediation dates or hearing dates, you can apply to the court for separate examination so that the victim does not face the perpetrator directly.

Third, you can also use personal protection services.

Domestic violence victims can receive personal protection measures from the police, etc., in urgent situations, and if necessary, can also link with private bodyguard services to ensure safety when attending court or returning home.

Therefore, even if a situation arises where you must inevitably be in the same space as your husband during a domestic violence divorce lawsuit, your safety can be guaranteed through the court, police, and professional bodyguard services.


I recommend that you actively use protection orders, etc. while pursuing the divorce lawsuit, and proceed with the procedures without fear by also using personal protection and bodyguard measures.

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