CONTENTS
- 1. How the Client Came to the Anyang Law Firm
- - The Client Who Decided to Apply for a Provisional Injunction Barring Approach
- - The Relevant Statutes and the Provisional Injunction Barring Approach
- 2. The Assistance Provided by the Anyang Law Firm
- - Argument as to the Offender's Other Criminal Acts
- - Argument That the Client's Family Lived in Fear
- 3. Provisional Injunction Barring Approach Succeeds With the Anyang Law Firm's Assistance
- - If You Need to Apply for a Provisional Injunction Barring Approach
1. How the Client Came to the Anyang Law Firm
The client was the guardian of a child who had been assaulted, and requested assistance from an Anyang attorney to bar the offender's approach to the minor child. The Anyang attorney assisted the client in collaboration with attorneys across the country.
The Client Who Decided to Apply for a Provisional Injunction Barring Approach
The client who consulted the Anyang law firm is the mother of a child who was assaulted.
The client's child is an elementary school student, and the offender is a neighbor living in the same apartment stairwell.
On the day of the incident, the child saw the offender on the way home from school and greeted him.
Upon hearing the greeting, the offender suddenly cursed and assaulted the client's child.
The child, who had been assaulted, told the client about this in tears.
After hearing what had happened, the client called the offender's side to protest and reported the matter to the police.
As it turned out, the offender had also been the subject of an arrest just days earlier for a random assault on another person.
For the safety of the child, the client requested assistance from the Anyang law firm to apply for a provisional injunction barring approach.
The Relevant Statutes and the Provisional Injunction Barring Approach
The Anyang law firm explained 🔗child abuse and 🔗provisional attachment and provisional injunction.
Child abuse is a crime in which an adult, including a guardian, harms a child's health or welfare or commits acts such as assault.
The client's child was assaulted by an adult, and this constitutes the crime of child abuse.
In such a case, the victim's side may proceed with an application for a provisional injunction barring the offender's approach through a civil lawsuit.
Child abuse includes physical abuse, which inflicts direct harm; emotional abuse, which inflicts harm verbally and emotionally; sexual abuse, which is for sexual purposes; and neglect, which is a failure to fulfill the duty of proper care.
In such cases, the offender may be punished by imprisonment for not more than five years or by a fine not exceeding thirty million won.
If the offender causes death through acts such as assault and bodily injury, the offender may be punished by imprisonment for not less than five years or by life imprisonment, and if the offender commits a child abuse crime and kills the victim, the offender may be punished by imprisonment for not less than seven years, the death penalty, or life imprisonment.
※ Types of applications for a provisional injunction barring approach
A provisional injunction barring approach is divided into a criminal application barring approach, a civil application barring approach, and a family-law application barring approach.
A civil provisional injunction barring approach may be applied for by the party suffering harm in court, whereas in criminal matters the prosecutor may apply for it.
▶ Civil order barring approach: When a person suffers harm such as debt collection pressure, neighbors coming over due to inter-floor noise, or contact from a former partner, orders such as a bar on approaching within 100 meters or a bar on contact by telecommunication may be issued.
▶ Criminal order barring approach: This is applied for when there is a violation of the law on domestic violence, the Act on Punishment of Crime of Stalking, or similar.
▶ Family-law order barring approach: This can block approach when a person fears domestic violence by the other party during divorce.
*If you would like to know the details, we recommend obtaining a 🔗legal consultation with an attorney.
2. The Assistance Provided by the Anyang Law Firm
The Anyang law firm argued as follows in order to have the application for a provisional injunction barring approach granted.
Argument as to the Offender's Other Criminal Acts
The offender had a record of committing a random assault against a student in the past as well.
The Anyang law firm argued that, as a result, the client's child was so afraid of the offender that the child was even receiving psychiatric treatment.
Argument That the Client's Family Lived in Fear
The Anyang law firm noted that the offender had also engaged in words and conduct that instilled fear in the apartment residents.
On this basis, it emphasized that the client's family was suffering because of the offender.
3. Provisional Injunction Barring Approach Succeeds With the Anyang Law Firm's Assistance
With the assistance of the Anyang attorney, the client succeeded in the application for a provisional injunction barring approach.
If You Need to Apply for a Provisional Injunction Barring Approach
The client applied for a provisional injunction barring approach against the offender and, with the assistance of the Anyang attorney, was able to have the application granted.
The Anyang attorney provides consultation and urgent response for clients every day of the year.
If you need to apply for a provisional injunction barring approach, please request assistance from an 🔗Anyang attorney at any time.
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.
