A Successful Case with Jeonju Attorney Consultation | Through Jeonju Attorney Consultation, the Client's Unjust Provisional Measure Decision Was Revoked

The account of the client who received Daeryun's Jeonju attorney consultation is as follows.

The client, who resides in Jeonju, had been reported by his wife for domestic violence and child abuse and had received a provisional measure decision ordering a prohibition of contact.

The client's wife habitually spoke to him in a commanding tone and, when angry, did not hesitate to use abusive language.

On the day of the incident, the family had returned from a family trip taken to celebrate the child's birthday.

The client was very tired from the long-distance driving. When his wife, who had finished showering first, told him to quickly start the laundry, the client replied, "I have not even washed up yet; could you not do that much yourself?"

At this, the wife became very angry, saying, "Why will you not listen to me," and a quarrel began.

When the child, who heard the sound of the dispute, cried out of fear, the client held the child and soothed the child.

The wife then became even angrier and unleashed abusive language.

When the client began recording with his mobile phone in order to document the wife's conduct, the wife, who noticed this, tried to snatch the phone.

The client in the Jeonju case struggled to keep from having the phone taken, collided with his wife, and both the wife and the client fell over.

The client tried to protect the child he was holding as much as possible, but as he fell, the child also landed on its bottom.

At this, the wife reported that the client had used violence against her and the child, and the client received a provisional measure decision ordering a prohibition of contact.

The Act on Special Cases concerning the Punishment of Crimes of Domestic Violence and the Act on Special Cases concerning the Punishment of Child Abuse Crimes provide that, where deemed necessary to protect the victim, provisional measures such as removal, isolation, prohibition of contact, and entrustment for counseling and education may be taken.

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

① Where a judge deems it necessary for the smooth investigation or hearing of a domestic protection case, or for the protection of the victim, the judge may, by decision, impose on the perpetrator of domestic violence any one of the following provisional measures.

1. Removal, such as isolation, from the residence or occupied room (房室) of the victim or a family member

2. Prohibition of approach within 100 meters of the victim or a family member, or their residence, workplace, or the like

3. Prohibition of approach to the victim or a family member by means of telecommunications under Article 2, Item 1 of the "Framework Act on Telecommunications"

4. Entrustment to a medical institution or other sanatorium

5. Detention in a detention room of a national police agency or a detention center

6. Entrustment for counseling at a counseling center or the like

■Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 19 (Provisional Measures Against a Perpetrator of Child Abuse)

① Where a judge deems it necessary for the smooth investigation or hearing of a child abuse crime, or for the protection of the victimized child and others, the judge may, by decision, impose on the perpetrator of child abuse any one of the following measures (hereinafter referred to as "provisional measures").

1. Removal, such as isolation, from the residence of the victimized child and others or a family member (referring to a family member under Article 2, Item 2 of the "Act on Special Cases concerning the Punishment of Crimes of Domestic Violence"; the same shall apply hereinafter)

2. Prohibition of approach within 100 meters of the residence, school, or protection facility of the victimized child and others or a family member

3. Prohibition of approach to the victimized child and others or a family member by means of telecommunications under Article 2, Item 1 of the "Framework Act on Telecommunications"

4. Restriction or suspension of the exercise of parental authority or guardianship

5. Entrustment for counseling and education at a specialized child protection agency or the like

6. Entrustment to a medical institution or other care facility

7. Detention in a detention room of a police agency or a detention center

Through Jeonju attorney consultation, it was established that the client had committed no violence whatsoever against his wife and child.

Examination of the file recorded at the time of the incident also showed that it was full of the client's voice saying, "You will get hurt; do not push."

On the contrary, the client had continually endured abusive language during his married life with his wife.

A Daeryun Jeonju attorney submitted as evidence the recorded file and the text messages of abusive language from the wife that had continued throughout the marriage.

A Daeryun Jeonju attorney also prepared a defense regarding the client's child abuse charge.

The wife argued that the client had habitually committed child abuse on a continuing basis.

However, the client had on the contrary protected the child from the wife.

As evidence of this, the client had taken leave from work and was caring for the child in place of the wife.

Using these circumstances as evidence, the Daeryun Jeonju attorney denied the client's unjust child abuse charge.

The special acts concerning the punishment of domestic violence and child abuse are laws intended to protect victims from domestic violence and to prevent reoffending, and in many cases a disposition is issued based solely on the testimony and evidentiary materials of the person who reported the domestic violence.

While victims may receive substantial legal protection under these laws, cases of falsely reporting domestic violence are also increasing.

If, like the client in the above case, you become subject to a provisional measure due to an unjust domestic violence report, the best approach is to explain your situation through a consultation with an attorney specializing in this field.

At Daeryun Law Firm, an attorney specializing in this field participates from the consultation stage and provides broad, one-stop assistance, including case disposition, examination of evidence, and response to investigative agencies.

If you find yourself in an unjust situation as in the above case, we hope that you will obtain legal assistance through Daeryun Law Firm's Jeonju attorney consultation.