When the police came because of domestic violence

First sort out the documents you were given and what you were told at the scene. The measures imposed that night are the starting point for what follows.

• If you received an emergency temporary measure decision (긴급임시조치결정서) or a notice, check whether it orders you to leave the home, not to come within 100 metres, or not to call or text.
• If you must leave the home, decide where you will stay for a few days, and ask the police to accompany you to collect essential belongings.
• If you were also hurt, see a doctor right away and take photos of your injuries.
• Note how the fight started and when, the time of the 112 emergency call, and which family members were there.

Contacting your spouse to ask them to withdraw the report, or getting other family members to persuade them, can look like a breach of the ban on approach or pressure on the victim. Also avoid going near the home after drinking. Failing without good reason to comply with temporary measures such as removal from the home, a ban on approach or a ban on contact can be punished by imprisonment of up to 1 year, a fine of up to 10 million won or short detention.

If some contact is truly necessary, such as taking children to and from school or living expenses, do not do it directly; first look for a way through a lawyer, or apply to the court to change the measure.

If a judicial police officer imposed an emergency temporary measure, a temporary measure (임시조치) is requested from the court within 48 hours and a judge decides on it. Temporary measures such as removal from the home and a ban on approach cannot exceed 2 months, but can be extended up to twice.

When the police finish the investigation, they refer the case to a prosecutor and can give their view on whether it should be handled as a domestic protection case. The prosecutor can indict for a criminal trial, send the case to the family court as a domestic protection case, or suspend the indictment on condition of counselling.

A domestic protection case (가정보호사건) is a procedure that imposes protective dispositions, such as restrictions on approach, course orders, probation or referral to counselling, instead of criminal punishment. There will be an interview with a court investigator and a hearing date, and you can appoint a lawyer as your assistant. Records of counselling you started on your own, the family's views and a plan to prevent recurrence are taken into account in deciding the disposition.

A case can be handled as a domestic protection case even if the victim does not want punishment. Conversely, if there is bodily injury or repeated violence, it is more likely to go to a criminal trial.

If both sides used their hands, both can be treated as perpetrators and victims of domestic violence. You need medical records and photos of the harm you suffered too, so that the full course of events is set out in a balanced way.

If you are also thinking about divorce or custody, what you say in the criminal proceedings and the outcome can be used as material in the family case as well. Stating only the facts, focusing on dates and actions, works better in both proceedings than emotionally blaming the other person.

At the consultation, we start by setting out the scope of the temporary measures and what you must comply with, and consider applying to cancel or change them if needed. We practise likely questions before police questioning and attend it with you, and submit a written opinion either arguing that a domestic protection case is appropriate or disputing the allegation. If the case is sent as a domestic protection case, Jisan Law acts as your assistant, submitting written opinions and attending hearings. If some contact is essential during the temporary measures, we also work out which route is safe. Even the day after the police came, contact us through the chat on this page before a questioning date is set.