CONTENTS
- 1. Pre-Disposition Prohibiting Approach | Definition
- - Cases Where an Application Is Needed
- 2. Pre-Disposition Prohibiting Approach | Effect
- - Duration of the Provisional Measure and Whether Extension Is Possible
- 3. Pre-Disposition Prohibiting Approach | Application Method
- - Applicant and Method of Application
- - Required Documents and Materials
- - The Court's Decision Procedure
- - Procedure for Applying to Change or Cancel the Decision
- 4. Pre-Disposition Prohibiting Approach | Measures Upon Violation
- - Measures Available Upon Violation of the Provisional Measure
- 5. Pre-Disposition Prohibiting Approach | Victim Protection Order System
- - Key Contents of a Protection Order
- - Duration and Extension of a Protection Order
- 6. Preliminary Disposition Prohibiting Approach | Matters to Review Before Filing
- - The Support System of a Divorce Attorney
1. Pre-Disposition Prohibiting Approach | Definition
A pre-disposition prohibiting approach is a provisional measure by the court based on the “Act on Special Cases concerning the Punishment of Crimes of Domestic Violence.”
This is a system that orders the offender's eviction from the residence and prohibits approach in order to secure the safety of the domestic violence victim and family members.
The provisional measure aims at the swift protection of the victim and the prevention of recurrence of domestic violence, and the court decides promptly upon the request of the victim or the prosecutor.
Cases Where an Application Is Needed
A pre-disposition prohibiting approach is applied for when a domestic violence victim faces the following situations and needs swift protection.
▷ If approach is feared at the residence, workplace, or places of daily life of the victim or family
▷ If contact or approach by telecommunications means (telephone, text message, SNS, etc.) is anticipated
▷ If the physical and mental safety of the victim must be urgently protected
▷ If domestic violence has already occurred and, given the high risk of recurrence, further harm is to be prevented
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2. Pre-Disposition Prohibiting Approach | Effect
Through a pre-disposition prohibiting approach, the victim can receive swift and strong protective measures as follows.
② Prohibition of approach within 100 meters of the residence, workplace, or similar place of the victim or family members
③ Prohibition of approach to the victim or family members through telecommunications
Such a provisional measure is intended to swiftly secure the safety of the victim and to effectively block the recurrence of domestic violence.
The court decides on the necessary measures in consideration of the urgency and severity of the harm, and gives top priority to the protection of the victim.
Duration of the Provisional Measure and Whether Extension Is Possible
The effect of the provisional measure is fixed as follows, and may be extended by decision of the court (Article 29, paragraph 5 of the “Act on Special Cases concerning the Punishment of Crimes of Domestic Violence”).
Type of Provisional Measure | Initial Period | Whether Extension Is Possible |
Eviction and other isolation from the residence or occupied room of the victim or family members | 2 months | Extendable twice (up to 6 months) |
Prohibition of approach within 100 meters of the residence, workplace, etc. | 2 months | Extendable twice (up to 6 months) |
Prohibition of approach by telecommunications means | 2 months | Extendable twice (up to 6 months) |
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3. Pre-Disposition Prohibiting Approach | Application Method
A pre-disposition prohibiting approach (provisional measure) cannot be requested directly from the court by the victim personally; instead, the procedure proceeds by requesting the prosecutor to apply for the provisional measure, or by asking the police to apply for it through the prosecutor.
Applicant and Method of Application
The persons who can apply for the provisional measure are as follows.
: May request the provisional measure from the court on its own authority or upon the application of the police
∙ Police
: May, after assessing the situation, apply to the prosecutor for a request for the provisional measure
∙ Victim or legal representative
: May request the prosecutor to apply for the provisional measure, request the police to apply, or state an opinion (direct request to the court is not permitted)
Required Documents and Materials
∙ Materials that can prove the facts of the harm (medical certificate, photographs, audio recordings, report records, etc.)
∙ Basic information related to the case, such as the personal details of the victim and the offender
The Court's Decision Procedure
∙ If necessary, the court may summon the offender, victim, or witnesses and conduct an on-site investigation
Procedure for Applying to Change or Cancel the Decision
If the circumstances of the victim or a family member have changed, such as a change of residence or workplace, an application may be made to the court to change the content of the provisional measure. (Article 29-2, paragraph 2 of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence)
4. Pre-Disposition Prohibiting Approach | Measures Upon Violation
Because a pre-disposition prohibiting approach is a provisional measure with binding force pursuant to the court's decision, legal sanctions follow where the offender violates it.
Measures Available Upon Violation of the Provisional Measure
If a domestic violence offender violates a court's pre-disposition prohibiting approach, the following compulsory measures may be taken, going beyond a mere warning.
▶ If the court grants this, the offender is
5. Pre-Disposition Prohibiting Approach | Victim Protection Order System
A pre-disposition prohibiting approach is a provisional measure intended to protect the victim swiftly at the early stage of an investigation.
A victim protection order, by contrast, is a system under which the court issues an order to continuously protect the physical and mental safety of a domestic violence victim.
In other words, a pre-disposition prohibiting approach is a provisional measure, and thereafter, on the merits, a victim protection order may follow.
Key Contents of a Protection Order
Upon the petition of the victim, the legal representative, or the prosecutor, the court may issue the following orders against the offender (Article 55-2(1) of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence).
② Prohibition of approach within 100 meters of the residence, workplace, or similar location
③ Prohibition of contact through telecommunications such as telephone, text message, and SNS
④ Restriction on the exercise of parental authority by an offender who holds parental authority
⑤ Restriction on the offender's visitation rights
※ The above measures may be applied in combination (paragraph 2 of the same Article).
Duration and Extension of a Protection Order
If the court finds that protection of the victim is necessary, it may extend the order in two-month increments for up to three years (Article 55-3).
6. Preliminary Disposition Prohibiting Approach | Matters to Review Before Filing
Because a preliminary disposition prohibiting approach is a procedure that requires a prompt decision by the court, advance preparation and strategic planning before filing are very important.
Please use the table below to review your situation carefully before filing.
Category | Points to Review Before Filing |
① Whether an act of violence occurred | - Was there physical or psychological violence, or a threat? - Was it a threatening act rather than a mere disagreement? |
② Securing evidence of harm | - Whether a medical certificate, photographs, recordings, text messages, and a record of reports have been secured - Whether supporting materials such as statements from people nearby have been secured |
③ Need for separation | - Whether the parties currently live together - Does the offender continue to make contact or approach? - Is the victim in a situation where it is difficult to evacuate separately? |
④ Confirmation of overlapping procedures | - Has another protective measure already been applied for? - Is this a matter that requires a protection order in addition to a temporary measure? |
⑤ Future legal response strategy | - Is the way the materials are organized favorable to subsequent litigation? - Does it explain the pattern of violence within the overall context? |
The Support System of a Divorce Attorney
Through team-based cooperation and continuous monitoring, the firm builds a comprehensive response system and takes prompt and accurate measures even in urgent situations.
When necessary, security professionals may also be deployed to protect the client's personal safety and to support a safe resolution of the matter.
If you are considering divorce or filing a criminal complaint due to domestic violence, please feel free to request a consultation at any time.
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