Changwon Criminal Case Attorney | Defended a Client Who Violated a Temporary Measure Imposed for Domestic Violence and Obtained a No Prosecution

This is the account of the client who came to a Changwon criminal case attorney.

The Changwon criminal case attorney's client was subject to temporary measures, namely a prohibition on approaching within 100 meters of the victim or of the victim's residence and a prohibition on access by means of telecommunications, imposed for a domestic violence offense against his wife.

However, during the period of the temporary measures, the client used a mobile phone to call his wife 50 times, thereby violating the prohibition on access by means of telecommunications.

In addition, he went to his wife's home and made markings on the front door, thereby violating the prohibition on approaching within 100 meters of the victim's residence.

As a result, the client was placed at risk of criminal punishment and came to the Changwon criminal case attorney to request assistance.

The Changwon criminal case attorney's client stated that temporary measures had been imposed for committing a 🔗domestic violence offense.

Act on Special Cases concerning the Punishment of Crimes of Domestic Violence, Article 29 (Temporary Measures)

(1) Where a judge deems it necessary for the smooth investigation or trial of a domestic protection case or for the protection of the victim, the judge may, by ruling, impose on the domestic violence offender any of the following temporary measures:

2. Prohibition on approaching within 100 meters of the victim or family members, or their residence, workplace, or the like;

3. Prohibition on approaching the victim or family members by means of telecommunications under subparagraph 1 of Article 2 of the “Framework Act on Telecommunications.”

Under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence, a judge may impose the above temporary measures where the protection of a domestic violence victim is necessary, and in this instance the temporary measures under subparagraphs 2 and 3 were imposed on the client.

Act on Special Cases concerning the Punishment of Crimes of Domestic Violence, Article 63 (Crime of Failure to Comply with Protective Disposition, etc.)

(2) A domestic violence offender who, without justifiable grounds, fails to comply with any of the temporary measures under Article 29 (1) 1 through 3 shall be punished by imprisonment for not more than one year, by a fine of not more than 10 million won, or by detention.

Because the Changwon criminal case attorney's client had violated the temporary measures, he was at risk of being punished by imprisonment for not more than one year or a fine of not more than 10 million won.

The Changwon criminal case attorney undertook the defense in order to prevent the client's punishment.

After hearing the submissions of the Changwon criminal defense attorney, the prosecution issued a no prosecution decision of suspension of indictment for the client.

Although the client had committed an offense that instilled fear in the victim, his wife, by violating a protective order duly issued by the court, the matter was concluded at the prosecution stage with the assistance of the Changwon criminal defense attorney.

If you find yourself, like the client in this case, facing the possibility of punishment for violating a protective order or similar measure, we encourage you to seek the assistance of a Changwon criminal defense attorney.

Staffed with criminal defense attorneys, 🔗Daeryun Law Firm's Changwon office thoroughly analyzes each client's case to identify favorable points and works diligently toward the outcome the client seeks.