Domestic Protection Case Procedure (for the Accused Perpetrator)

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Report and emergency measures
2. 2Notice of and compliance with temporary measures
3. 3Questioning by the police and Public Prosecution Office
4. 4Referral decision
5. 5Investigator's inquiry / Attending the hearing
6. 6Decision on protective disposition
7. 7Appeal
8. 8Carrying out the disposition / Re-referral on non-compliance

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Varies by case (protective dispositions up to 6 months; if changed, a total of up to 1 year)

Cost

If you receive a disposition of entrustment for treatment or counseling, or an entrustment decision as a temporary measure, the perpetrator bears the cost. If the perpetrator cannot afford it, the state may bear it. The cost of hiring a lawyer is separate

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   When a 112 report comes in, the police come out, stop the violence and separate the victim, then on the spot look into the personal details of the perpetrator (the person reported) and how the incident happened. If you threaten the victim or resist police measures at that time, you may be arrested on the spot as a person caught in the act.

2. 2

   If there is a risk of further violence, the police take emergency temporary measures, or, at the request of a prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office), a judge decides on and notifies you of temporary measures of removal from the home, a no-approach order within 100m and a no-contact order; if you violate them and there is a risk of recurrence, detention (confinement for a set period) may also be requested (Domestic Violence Punishment Act §8). After the case becomes a domestic protection case, entrustment to a medical institution or counseling may also be ordered (§29(1)). Removal, no-approach and no-contact orders cannot exceed 2 months and can be extended up to two times, and entrustment to a medical institution and detention last up to 1 month and can be extended once (§29(5)). Once notified, leave the home immediately and do not contact the victim. Violating removal, no-approach or no-contact orders is separately punishable by imprisonment of up to 1 year, etc. (§63(2)).

   Current step
3. 3

   The police conduct a suspect interrogation (an inquiry in which the police ask questions and you answer), and once the case is referred (sent to the Public Prosecution Office), a prosecutor of the Public Prosecution Office reviews the records or questions you directly (Criminal Procedure Act §243-2). Defense counsel can take part in the questioning. Submit records of counseling and treatment, a letter of remorse and a plan to prevent recurrence, and ask that the case be sent as a domestic protection case instead of to a criminal trial. This is because the prosecutor also considers the perpetrator's character when deciding on referral.

4. 4

   If a prosecutor of the Public Prosecution Office, considering the nature, motive and result of the case and the perpetrator's character and conduct, finds a protective disposition appropriate, the prosecutor may respect the victim's wishes and refer the case to the family court as a domestic protection case instead of indicting it (§9(1), §11). If the prosecutor finds a protective disposition inappropriate, the prosecutor indicts the case for an ordinary criminal trial.

5. 5

   A domestic protection case investigator interviews the perpetrator while looking into the family environment, how the violence occurred and the risk of recurrence. If necessary, the judge holds the hearing in private (§32), and the perpetrator must appear when summoned. If you do not appear without a justifiable reason, a warrant of accompaniment (a warrant to bring you in by force) may be issued (§24(2)). You can appoint a lawyer as your assistant (§28), but the perpetrator who has been summoned must appear in person (§24(2)).

6. 6

   The judge decides on one or more of a no-approach order, a ban on approach by telecommunications (ban on contact by phone, text, etc.), restriction on the exercise of parental authority (limiting parental rights), a community service or course attendance order (education), probation, entrustment for custody, entrustment for treatment and entrustment for counseling (§40). The period is up to 6 months, and community service and course attendance are up to 200 hours (§41); even if changed once, the total is a maximum of 1 year (400 hours for community service and course attendance) (§45). Once a protective disposition becomes final, no indictment can be filed again for the same criminal facts (§16; except where the case is referred because the disposition was not carried out).

7. 7

   If you find the protective disposition decision hard to accept, file an appeal within 7 days from the day of notification. The day of notification is the day you were informed of the decision. The perpetrator, the legal representative, the assistant and the prosecutor can appeal. After 7 days the decision becomes final, and even if you appeal, the execution of the disposition does not stop (§53).

8. 8

   A probation office, counseling agency or similar body carries out the disposition and reports to the court on whether you are complying. If you fail to comply with dispositions such as community service or counseling without a justifiable reason, the protective disposition is revoked and the case is referred to the prosecutor and handled as a criminal case (§46), and violating dispositions such as a no-approach order is punishable in itself (§63(1)). If a victim protection order was also issued, violating it is punishable by imprisonment of up to 2 years, etc.

Frequently asked questions

Practical questions that come up right away in this procedure.

QI received notice of temporary measures. How do I get the belongings I left at home?

Do not contact the victim directly; arrange a time to pick up your belongings through the police officer in charge or your defense counsel. Arrange it in a way that avoids meeting the victim, such as going with a police officer. Entering the home on your own violates the temporary measures.

QHow long do temporary measures last, and can they be lifted?

Removal from the home, no-approach and no-contact orders cannot exceed 2 months and can be extended up to two times. Entrustment to a medical institution and detention last up to 1 month and can be extended once. If circumstances change, you can apply to the court for revocation or modification.If the judge finds a justifiable reason, the judge revokes or modifies them. Violating them during the period is punishable by imprisonment of up to 1 year, etc.

QIf the victim does not want punishment, does the case end?

No. Even if the victim has said that they do not want punishment or has withdrawn the complaint, the prosecutor can handle it as a domestic protection case. The prosecutor must respect the victim's wishes when deciding whether to refer the case.The victim can state an opinion at the hearing. Pursue any settlement only through your defense counsel.

QDo I have to attend the domestic protection case hearing? Can a lawyer go in my place?

Yes, the perpetrator must appear in person. If you do not appear without a justifiable reason, a warrant of accompaniment (a warrant by which the court brings you in by force) may be issued.You can appoint a lawyer as your assistant, but the perpetrator who has been summoned must still appear in person. The judge can hold the hearing in private to protect privacy and for similar reasons.

QDoes a protective disposition give me a criminal record? Will my workplace find out?

A protective disposition is not a criminal penalty. Once a protective disposition becomes final, no indictment can be filed again for the same criminal facts. Officials, assistants and others involved in a domestic protection case may not disclose secrets they learned in the course of their duties.Personal details that could identify the perpetrator and others may not be reported in newspapers or broadcasts. The hearing can also be held in private.Discuss with a lawyer how records are managed. However, if you do not carry out the disposition, the protective disposition may be revoked and the case referred to the prosecutor.

QHow do I challenge a protective disposition decision?

Within 7 days from the day you received the decision (the day of notification), submit a petition of appeal to the family court that made the decision. The perpetrator, the legal representative, the assistant and the prosecutor can appeal. Filing an appeal does not stop the execution of the decision.