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Deals & Cases

Victim protection order

Emotional Child Abuse | Daeryun Obtains a Restraining Order Against a Perpetrator of Emotional Child Abuse

We introduce a child abuse case in which a Daeryun Law Firm attorney obtained a restraining order against a perpetrator who committed emotional child abuse.

CONTENTS
  • 1. What Were the Detailed Circumstances of the Emotional Child Abuse Case?
    • - Emotional Child Abuse Case: Statutes You Should Know
  • 2. The Emotional Child Abuse Case: What Strategy Was Needed?
    • - Emotional Child Abuse Case: Emphasizing That Clear Evidence Existed
    • - Emotional Child Abuse Case: Emphasizing the High Likelihood of Reoffending
    • - Emotional Child Abuse Case: Emphasizing That the Children Suffered the Greatest Harm
  • 3. Emotional Child Abuse Case: What Was the Court's Decision?
  • 4. Emotional Child Abuse Case: What Was Daeryun's Strategy?

1. What Were the Detailed Circumstances of the Emotional Child Abuse Case?

The client who came to Daeryun Law Firm alleging emotional child abuse was the head of a household in his 40s.

The client was living with his wife and their two children.

The previously uneventful relationship between the two grew rapidly distant as the wife's symptoms of alcohol addiction worsened.

Whenever she was drunk, the wife would invariably hurl verbal abuse.

Hearing this, the children were greatly frightened and would watch the wife's mood warily.

The problem was that the wife's behavior did not stop at verbal abuse.

Eventually she resorted to violence as well, and, unable to control her anger, she would throw nearby objects.

When the client cautioned her about this, the wife's behavior became even more intense.

As a result, the matter even led to a police report, and the wife also received a protective disposition from the court.

The wife's behavior did not readily improve.

Eventually the wife, while intoxicated, even pulled out a weapon and roamed about the living room.

Watching this, the children burst into tears.

The client, too, was so frightened that he had to take the children and flee outside the home, and the wife, further enraged by this, pursued the client and the children.

The client ultimately had to make another police report, and the wife was arrested in the act.

The client realized once again that not only his own safety but also that his children were suffering serious emotional abuse, and he decided to seek a divorce.

However, litigation usually takes a considerable amount of time, and the children could not continue to be exposed to a violent environment.

The client therefore came to Daeryun Law Firm and requested assistance.

Emotional Child Abuse Case: Statutes You Should Know

Act on Special Cases concerning the Punishment of Crimes of Domestic Violence, Article 55-2 (Victim Protection Orders, etc.)

(1) When a judge finds it necessary for the protection of the victim, the judge may, upon the request of the victim, the victim's statutory agent, or the prosecutor, issue by decision a victim protection order against the domestic violence offender falling under any of the following subparagraphs.

1. Removal from, and separation from, the residence or occupied room of the victim or a family member

2. Prohibition of approach within 100 meters of the victim or a family member, or their residence, workplace, or similar location

3. Prohibition of approach to the victim or a family member through telecommunications under Article 2, subparagraph 1 of the Telecommunications Business Act

4. Restriction on the exercise of parental authority over the victim by the domestic violence offender who holds parental authority

5. Restriction on the exercise of the visitation right over the victim by the domestic violence offender

2. The Emotional Child Abuse Case: What Strategy Was Needed?

Daeryun Law Firm, which took on the emotional child abuse case, established a specialized strategy so that the client and the children could quickly escape from this situation.

Emotional Child Abuse Case: Emphasizing That Clear Evidence Existed

On the day the disturbance involving a weapon occurred, the wife was heavily intoxicated.

As was always the case, it began with verbal abuse. For some reason, the wife appeared more agitated than usual.

The client went into a room in an attempt to avoid the situation for the moment, but the wife's conduct became even more aggressive.

She eventually went so far as to take out a weapon.

Greatly alarmed, the client went out the front door in order to evacuate together with the children.

Undeterred, the wife even chased him outside. All of these scenes were captured on the CCTV at the residence.

The attorneys of Daeryun who handled this emotional child abuse case emphasized this point.

Emotional Child Abuse Case: Emphasizing the High Likelihood of Reoffending

The wife's verbal abuse and assaults had continued for several years.

Even after receiving a protective disposition from the court, the wife did not try to correct her conduct.

Instead, the wife became greatly angered by the fact of this protective disposition and would pressure the client.

The client could not help but feel despair at his wife's behavior.

There was a high possibility that the wife's emotional child abuse could begin again at any time.

The attorneys of Daeryun referred to this situation and requested the separation of the wife from the client and the children.

Emotional Child Abuse Case: Emphasizing That the Children Suffered the Greatest Harm

The ones experiencing the greatest distress were the children themselves.

Having been exposed to the wife's verbal abuse for several years, the children were in a very unstable psychological state.

Feeling fear in the unstable situation, the children even bit their nails or lips each time.

The client could no longer leave the children in this environment of emotional child abuse.

The attorneys of Daeryun emphasized this point and argued that exceptional measures, such as separation, were necessary.

3. Emotional Child Abuse Case: What Was the Court's Decision?

As a result of the active assistance provided to the client by the Daeryun attorney who handled this emotional child abuse case, the court issued an order prohibiting the client's wife from approaching.

The court also decided to prohibit the wife from contacting the client and the children.

4. Emotional Child Abuse Case: What Was Daeryun's Strategy?

Unlike physical abuse, emotional child abuse leaves no outwardly visible injuries, yet the stress and harm actually borne by the child are no less than those of physical abuse.

For this reason, if a person is investigated or tried on a related charge, there is a high possibility of receiving severe punishment.

At Daeryun LLC (Limited), a defense team with extensive experience in domestic violence and child abuse matters assists clients in a systematic manner.

If you have become involved in an emotional child abuse case, please feel free to request a 🔗consultation with Daeryun at any time.

정서적아동학대 | 대륜, 정서적아동학대 가해자 상대로 접근 금지 이끌어내

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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