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").
Revocation of protective order
Revocation of the protective order due to the failure to perform the decision of protective order
- If an offender who has been ordered to perform community service, probation, consigned custody, consigned treatment, and consigned counseling fails to follow the decision or execution of protective order, the court must revoke such protective order, either ex officio or upon request by a prosecutor, victim, probation officer or the head of a consigned institution, and take either of the following measures (Article 46 of the “Act of Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence”):
1. If the case has been transferred by a prosecutor, the court must transfer the case to a prosecutor of the prosecutors' office corresponding to the competent court
2. If the case has been transferred by the court, the court must transfer the case to the court which made such transfer order.
Modification and completion of protective order
Modification of protective order
- The court may modify the type and period of a protective order once only, either ex officio or upon request by a prosecutor, probation officer or the head of a consigned institution, if deemed necessary while the protective order remains in force against an offender (Article 45 (1) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").
- If any modification is made to the type and period of a protective order, the period of a protective order may be modified to up to one year and the amount of community service and lectures provided must not exceed 400 hours, including the original period (Article 45 (2) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").
Termination of protective orders
- The court may rule to terminate all or part of a protective order, either ex officio or upon request by a prosecutor, victim, probation officer or the head of an consigned institution, if it deems that the domestic violence offender will be able to maintain a normal life at home as his/her personality and behaviors have been corrected or that the protective order is no longer required due to other reasons (Article 47 of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").