Calculators & Self-ChecksProsecution Request Estimator
Failure to comply with a domestic violence protective disposition or victim protection order: statutory penalty and likely requested sentence
The statutory penalty for Failure to comply with a domestic violence protective disposition or victim protection order and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 2 years in prison, a fine of up to KRW 20 million, or short-term detention
- Legal basis
- Act on Special Cases Concerning the Punishment of Domestic Violence Crimes, Article 63(1)
- Category
- Violence · Act on Special Cases Concerning the Punishment of Domestic Violence Crimes
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Formal trial (prison sentence requested)
- Likely requested sentence
- 6 months or more in prison
With 2 or more past breaches, a prison sentence may be requested at a formal trial.
Summary fine
- Likely fine
- KRW 1 million
For a repeat offense, a fine of about KRW 1 million to 1.5 million.
Summary fine
- Likely fine
- KRW 800,000
For a first offense, a fine of about KRW 800,000 to 1 million.
Notes
- This applies when you do not follow a protective disposition (such as a no-approach or no-contact order) after it becomes final, or break a court's victim protection order or temporary protection order.
- Breaking a temporary measure taken by the police is punished separately, with up to 1 year in prison or a fine of up to KRW 10 million.
Frequently asked questions
- Failure to comply with a domestic violence protective disposition or victim protection order: what is the statutory penalty?
- Legal basis: Act on Special Cases Concerning the Punishment of Domestic Violence Crimes, Article 63(1). Statutory penalty: Up to 2 years in prison, a fine of up to KRW 20 million, or short-term detention.
- Failure to comply with a domestic violence protective disposition or victim protection order: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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