When you should get advice
- Whenever my spouse drinks, they throw things and hit me
- I left home, but my spouse shows up outside my workplace
- My spouse was violent in front of our child, so I'm worried about visitation
- I'm afraid my spouse will find out my new address
- I don't necessarily want them punished, but I want all contact to stop
Relevant provisions
Act on Special Cases Concerning the Punishment of Domestic Violence Crimes (가정폭력범죄의 처벌 등에 관한 특례법) Article 55-2 (Victim protection orders)
At the request of the victim, the victim's legal representative or a prosecutor, a judge can order the offender to leave and stay away from the home, not to come within 100 meters of the victim's home or workplace, not to contact the victim by phone, text or other telecommunications, and can restrict the exercise of parental authority or visitation rights. These can also be ordered together.
Article 55-3 of the same Act (Duration of victim protection orders)
A protection order cannot last more than 1 year, and if needed it can be extended in 2-month units. Even with extensions or changes in type, the total including the earlier periods cannot exceed 3 years.
Article 63 of the same Act (Crime of failing to comply with protective dispositions, etc.)
Anyone who fails to comply with a victim protection order or temporary protection order is punished by imprisonment of up to 2 years, a fine of up to KRW 20 million, or short-term detention.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Protection procedures available to victims of violence
Emergency measures
- Who carries it out
- Police officers dispatched after a report
- What it does
- Stopping the violence, separating the offender, arrest in the act, taking the victim to a counseling center, shelter or hospital
Emergency temporary measures
- Who carries it out
- Judicial police officer
- What it does
- When a court decision cannot be waited for: removal from the home, a 100-meter restraining order, a ban on telecommunications contact
Temporary measures
- Who carries it out
- Judge (at a prosecutor's request)
- What it does
- Removal from the home, restraining orders, etc. during criminal proceedings. Removal and restraining orders last up to 2 months and can be extended twice
Victim protection order
- Who carries it out
- Family court (requested directly by the victim)
- What it does
- Up to 1 year, extendable to a total of 3 years. Includes restrictions on parental authority and visitation
| Procedure | Who carries it out | What it does |
|---|---|---|
| Emergency measures | Police officers dispatched after a report | Stopping the violence, separating the offender, arrest in the act, taking the victim to a counseling center, shelter or hospital |
| Emergency temporary measures | Judicial police officer | When a court decision cannot be waited for: removal from the home, a 100-meter restraining order, a ban on telecommunications contact |
| Temporary measures | Judge (at a prosecutor's request) | Removal from the home, restraining orders, etc. during criminal proceedings. Removal and restraining orders last up to 2 months and can be extended twice |
| Victim protection order | Family court (requested directly by the victim) | Up to 1 year, extendable to a total of 3 years. Includes restrictions on parental authority and visitation |
| Pre-trial measures | Family court during a divorce lawsuit | Restraining orders, designation of a temporary custodial parent, payment of living expenses, etc. |
| Restriction on issuing and viewing certificates | City, town or township office; community service center | Prevents a designated offender from obtaining or viewing your family relationship certificate or resident registration record |
Based on the Act on Special Cases Concerning the Punishment of Domestic Violence Crimes, the Family Litigation Act, the Act on the Registration of Family Relationships and the Resident Registration Act (checked on the Korea Law Information Center, the government's official legislation database, October 2026).
Apply directly to the court, separately from criminal proceedings
Temporary measures (임시조치) are requested by a prosecutor from the court on the premise that criminal proceedings against the offender are under way. If you do not want punishment or hesitate to report, a victim protection order (피해자보호명령) is often the right fit. The victim applies directly to the family court, and it is decided regardless of whether a criminal complaint has been filed.
Once the application is filed, the judge can, if needed, first issue a temporary protection order (임시보호명령) even before deciding (Article 55-4 of the same Act). You can apply separately either before filing a divorce lawsuit or during the lawsuit.
Keep your new address from becoming known
After leaving home, the biggest worry is often your address being exposed. A victim of domestic violence can apply to the city, town or township office to designate a spouse or lineal blood relative and restrict the issuing of their family relationship certificate and similar documents to that person (Act on the Registration of Family Relationships Article 14(8)), and can also apply to restrict the viewing of their resident registration record and the issuing of copies and abstracts (Resident Registration Act Article 29).
The address you write on the complaint or mediation application is also served on the other spouse as is. Before filing, decide first with your lawyer which address to use for receiving court documents.
Violence is a ground for divorce and for compensation
If you were hit or seriously verbally abused by your spouse, you can claim divorce on the ground of 'extremely unfair treatment' (Civil Act Article 840, Item 3) or another serious reason making it difficult to continue the marriage. The number of incidents, severity and duration of the violence are also reflected when the amount of compensation for emotional distress (위자료) is set.
The main evidence is medical certificates, photos of injuries, records of 112 (police) reports and dispatches, and records from counseling centers. Even for incidents long ago, writing down the dates and places can show that your account is consistent.
How violence is handled in matters concerning the children
The court decides the person with parental authority and the custodial parent based on the child's welfare, so violence in front of the child or against the child is an important factor. Visitation can also be restricted or excluded if needed for the child's welfare (Civil Act Article 837-2(3)).
You can already ask for restrictions on visitation rights at the protection order stage, and if it is hard to cut off contact completely, some arrangements start with short meetings at a place where a third party is present.
How Jisan Law's Family Law Center proceeds
- 1
Checking your safety
We first check whether the place you are staying now is safe and where your child is, and if it is urgent, we first guide you to report to the police and connect with a shelter.
- 2
Applying for a protection order
We choose the types of protection order needed and file the application, and request a temporary protection order at the same time if needed.
- 3
Protecting your address
We sort out the restriction on issuing certificates and the address for service before the complaint is filed.
- 4
Divorce and custody claims
We bring the divorce, compensation, property division, designation of the custodial parent and restrictions on visitation together as one case, and ask that mediation be conducted separately so you do not have to face the other spouse.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
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Frequently asked questions
If I apply for a protection order, will my spouse get a criminal record?
A victim protection order is not a criminal punishment but a decision to protect the victim. However, approaching or contacting the victim after the order is issued is itself a crime punishable by imprisonment of up to 2 years or other penalties.
Will a protection order be issued if I was hit only once or twice?
It is not decided by the number of incidents alone; the judge must find it necessary to protect the victim. The decision is based on the severity of the violence, recent incidents, and messages or report records showing the risk of it happening again.
My protection order is about to expire, and I'm anxious.
You can apply for an extension. It is extended in 2-month units, up to 3 years including the first period. You need to submit recent circumstances showing why an extension is needed.