CONTENTS
- 1. A Client Who Violated the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence
- 2. What the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence Is
- - Types of Interim Measures
- 3. Filing an Appeal Under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence
- - Emphasizing the Absence of Any Need for a Residential Access Restriction
- - Emphasizing That There Was No Hindrance to Victim Protection
- 4. Case Result for a Client Subject to a Temporary Measure Under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence
1. A Client Who Violated the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence
This is the story of a client who violated the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence and received a provisional measure prohibiting access to the victim's residence.
The client was in a common-law marriage relationship with the victim in this case, and after a domestic violence complaint was filed, received an order prohibiting access to the victim's residence.
However, the client had borne all of the costs for the victim's residence, and the contract had merely been concluded under the victim's name.
The client therefore came to our firm's criminal law specialist attorney, asking for help in revoking the order prohibiting access to the residence.
2. What the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence Is
The Act on Special Cases concerning the Punishment of Crimes of Domestic Violence is a law that prescribes special cases and protective dispositions for domestic violence crimes, and it is the abbreviated name of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence.
🔗domestic violence punishment According to the Act, domestic violence refers to an act that causes physical, mental, or property harm between family members falling under the following.
A person who is or was in a lineal ascendant or descendant relationship with oneself or one's spouse
A person who is or was in a stepparent-child relationship or a relationship between a legal mother and a child born out of wedlock
A relative living together
Domestic violence crimes include bodily injury, intimidation, intrusion upon habitation, destruction of property, and sexual violence.
Types of Interim Measures
Under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence, where a prosecutor recognizes that there is a risk that a crime of domestic violence will recur, the prosecutor may request a provisional measure.
In addition, a judge may also take a provisional measure where the judge recognizes it as necessary for the protection of the victim. The types of provisional measures under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence are as follows.
Prohibition of approach within 100 meters of the victim or a family member, or their residence, workplace, and the like
Prohibition of approach to the victim or a family member by means of telecommunications
Entrustment to a medical institution or other sanatorium
Detention in a detention room or detention center of a national police agency
Entrustment for counseling at a counseling center or the like
3. Filing an Appeal Under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence
The specialist attorney sought to file an appeal under Article 49 of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence in order to obtain a decision revoking the disposition barring the client's access to the residence.
③ An appeal shall be filed within 7 days from the date on which notice of the decision is received.
Because an appeal had to be filed within 7 days from the date on which notice of the decision was received, the criminal specialist attorney had to prepare a response strategy quickly.
Emphasizing the Absence of Any Need for a Residential Access Restriction
The criminal law specialist attorney requested a modification of the provisional measure, emphasizing that the need for prohibition of approach to the victim's residence no longer existed.
The residence in question was a building that the client had personally funded and constructed, with the title held in the victim's name only.
However, the victim falsely accused the client of domestic violence, blocked access to the residence, and removed all of the items inside the residence, from which it can be seen that the victim had no intention of living in the residence.
In addition, the victim filed a lawsuit against the client and also stated that she was living alone in a new residence.
The client argued that the order of prohibition of approach to the residence needed to be revoked because the client was in a situation that urgently required management of the building.
Emphasizing That There Was No Hindrance to Victim Protection
The criminal law specialist attorney emphasized that revoking the order requiring the client to leave the residence would cause no impediment whatsoever to the protection of the victim.
The client is not requesting the revocation of every disposition imposed on him; rather, he is requesting that the order prohibiting approach within 100 meters and the order prohibiting contact be maintained, while only the order prohibiting approach to the residence and the eviction measure be revoked.
The criminal law specialist attorney argued that, because the victim has already left the residence at issue in this case and is now living alone elsewhere, revoking the disposition would cause no impediment whatsoever to the protection of the victim.
4. Case Result for a Client Subject to a Temporary Measure Under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence
The client, who had been subject to a provisional measure under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence, obtained, through the assistance of the specialized attorney, revocation of the order prohibiting approach to the residence.
The client expressed gratitude for the assistance in being able to quickly recover and manage his own building.
The specialized attorney was able to bring about this result because the attorney swiftly prepared and carried out a strategy for the client's benefit.
As soon as a consultation is requested, our firm has a specialized attorney conduct the consultation, analyze the case, and assign specialized personnel suited to the matter, assisting clients in working toward the result they seek.
If you are in a situation requiring legal assistance regarding a violation of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence, please proceed with a 🔗legal consultation reservation.
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.
