ENGLISH

Victims of Domestic Violence
Decision of protective order for home protection case
Decision of protective order
- The court may issue any of the following protective orders, if a protective order is deemed necessary after a hearing, and they may be issued concurrently, if necessary (Article 40 (1) and (2) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence"):
1. Restrictions on a domestic violence offender’s access to the victims or family members
2. Restrictions on a domestic violence offender's access to the victims or family members through telecommunications
3. Restrictions on a domestic violence offender’s exercise of parental authority over the victims
4. Order for community service or lecture
5. Probation
6. Consigning the custody of offenders to shelters
7. Consigning the treatment of offenders to medical institutions
8. Consigning counseling to a counseling center, etc.
- If the court has issued a protective order, the ad hoc measures already taken by the police or prosecutor will no longer be effective (Article 45 (1) of the “Rules on the Proceedings for Family Protection”).
Period of protective order
- The period of a protective order must not exceed six months, and the amount of community service and lectures provided must not exceed 200 hours (Article 41 of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").
Compensation orders for victims
- The court may order monetary payment or compensation (hereinafter referred to as "compensation"), either ex officio or upon request by a victim, when issuing a protective order (Article 57 (1) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").