Domestic Protection Trial Procedure (for Victims)

Which step are you at?

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

1. 1Report and emergency measures
2. 2Asking for temporary measures to be requested
3. 3Petitioning directly for a victim protection order
4. 4Cooperating with the inquiry / Referral decision
5. 5Investigator's inquiry / Stating your opinion at the hearing
6. 6Notice of the protective disposition
7. 7Reporting non-compliance

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

Time required

Varies by case (protective dispositions up to 6 months, victim protection orders up to 1 year)

Cost

Check the cost of requesting temporary measures or petitioning for a victim protection order with the receiving agency or court (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 you call 112, the police come out, stop the violence and separate the perpetrator from the victim. If the victim wishes, they take the victim to a shelter or hospital. At this stage, it is important to secure evidence such as photos of injuries, a medical certificate, recordings and text messages. This is because you attach such evidence when petitioning for a victim protection order.

2. 2

   If there is a risk of further violence, ask the police for emergency temporary measures (removal from the home, no-approach order, no-contact order). Then ask a prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office) to apply to the court for temporary measures such as removal from the home, a no-approach order within 100m and a no-contact order (Domestic Violence Punishment Act §8(1)). If there is a risk that the perpetrator will violate these temporary measures and use violence again, you can ask for detention (confinement for a set period) to be requested as well (§8(2)). Removal from the home, no-approach and no-contact orders cannot exceed 2 months and can be extended up to two times, and detention and the like last up to 1 month and can be extended once (§29(5)). When a decision is made, the victim is also notified.

3. 3

   Separately from the investigation, the victim or legal representative can petition directly for a victim protection order to the family court with jurisdiction over the victim's residence or current location, or over the perpetrator's place of the act, residence or current location (§55-2). You can seek removal from the home, a no-approach order, a no-contact order, restriction on the exercise of parental authority (limiting parental rights) and so on. The period is up to 1 year, and it can be extended in 2-month units up to a total of a maximum of 3 years (§55-3). If it is urgent, also apply for a temporary protection order that is effective until the decision (§55-4).

4. 4

   In the police inquiry, you explain how the harm happened. A person of trust (a reliable person such as a family member) or a lawyer may be present. A prosecutor of the Public Prosecution Office may consider the nature, motive and result of the case and the perpetrator's character and conduct, respect the victim's wishes, and refer (send) the case to the family court as a domestic protection case instead of indicting it as a criminal case (§9(1), §11). If the prosecutor finds a protective disposition inappropriate, the prosecutor indicts the case for an ordinary criminal trial. You can receive the outcome by applying for notification (Criminal Procedure Act §259-2).

5. 5

   A domestic protection case investigator interviews the victim while looking into the family environment and the risk of further violence. If necessary, the judge holds the hearing in private (§32), and if the victim applies, the court must examine the victim as a witness and give the victim a chance to state an opinion (§33(1)(2)). You can ask for the witness examination to be held in private so that you do not have to face the perpetrator, and the judge can have the perpetrator leave the room (§32(2), §33(3)).

   Current step
6. 6

   The judge decides on a protective disposition from among a no-approach order, a ban on approach by telecommunications (ban on contact by phone, text, etc.), restriction on the exercise of parental authority, 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 (community service and course attendance orders up to 200 hours), and even if changed once, the total is a maximum of 1 year (§41, §45). The victim is notified of the decision. The victim cannot appeal a protective disposition decision, but if a decision of no disposition is grossly unjust, the victim can appeal within 7 days (§49(2)(3)), and can also separately petition for a victim protection order. The perpetrator and the prosecutor can appeal a protective disposition decision within 7 days.

7. 7

   If the perpetrator violates a protective disposition or victim protection order, call 112 right away and inform the probation office in charge and the family court. Violating a protective disposition such as a no-approach order, or a victim protection order, is punishable by imprisonment of up to 2 years, etc. (§63(1)), and failing to comply with dispositions such as counseling or community service leads to the protective disposition being revoked and the case being referred back to the prosecutor (§46). If you record the dates, times and details of violations, you can use them when petitioning for an extension or additional measures.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere and how do I petition for a victim protection order? Does it cost anything?

You file a petition with the competent family court. That is the court with jurisdiction over the victim's residence or current location, or over the perpetrator's place of the act, residence or current location.In areas without a family court, file it with the district court. Check with the civil affairs office of the court you will file with whether there is any court fee.The victim or the victim's legal representative can petition directly without going through the police or the prosecutor. Check the form with the court you will file with, and attach evidence such as a medical certificate, photos or recordings.

QWhat is the difference between temporary measures and a victim protection order?

Temporary measures are requested by the police or prosecutor during an investigation and decided by the court. Removal from the home, no-approach orders and no-contact orders last up to 2 months and can be extended up to two times. A victim protection order is something the victim petitions the court for directly, separately from the investigation.It lasts up to 1 year and can be extended in 2-month units up to a maximum of 3 years. You can use both systems at the same time.

QDoes a domestic protection case go ahead even if I do not want punishment?

Yes, it does. 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.If the victim applies, the victim can be examined as a witness at the hearing. At that time, the victim can state an opinion on whether they want punishment and what protective measures they want.

QDo I have to face the perpetrator at the hearing?

No. You can ask for the witness examination to be held in private.If the judge finds that the victim cannot fully testify in front of the perpetrator, the judge can have the perpetrator leave the room and let the victim testify. Check with the court whether a person of trust can be with you during the inquiry and hearing, and whether a separate waiting area can be provided.

QWhat if the perpetrator does not comply with the protective disposition or protection order?

Call 112 right away and inform the probation office or court in charge. Violating a protective disposition such as a no-approach order or a victim protection order is punishable by imprisonment of up to 2 years, etc.If the perpetrator does not comply with dispositions such as counseling or community service, the protective disposition is revoked and the case is referred back as a criminal case. Write down the dates and details of the violations.

QCan the victim challenge a protective disposition that is too weak?

The victim cannot appeal a decision on a protective disposition. However, the victim can appeal if a decision of no disposition (a decision to impose no disposition at all) is grossly unjust. This must be done within 7 days from the day you were notified of the decision.Separately, you can petition the family court for a victim protection order. If violence happens again, report it right away.