Divorce lawyer, ‘Establishment of protection measures for victims of domestic violence divorce lawsuits’

Recently, a man who violated a restraining order and tried to kidnap his wife who was in divorce proceedings was caught by the police. He went to the house and attempted to kidnap his wife because he was not responding to calls, and the police arrested him for violating the Domestic Violence Punishment Act and are currently investigating.

According to the legal community, when a person is subjected to multiple violence by an assailant, it is common for them to shrink from mental trauma, and many people hesitate to take legal action due to concerns about their financial situation after divorce. Experts agree that legal assistance is absolutely necessary because the longer violence is left, the more serious it becomes and can spread to children.

Divorce lawyer Hyeon-ji Lee (Daeryun Law Firm) said, “If the perpetrator of violence does not agree to divorce, a judicial divorce is the only option.” He added, “Responses such as pre-litigation mediation and family investigation are necessary, and above all, it will be important to prevent divorce litigation from becoming another pain.”

In our country, in order for a divorce to be recognized, the spouse must prove that the other party is responsible for the breakdown of the marriage. For this reason, there are cases where domestic violence is not recognized as grounds for divorce due to lack of evidence.

Attorney Lee Hyeon-ji said, “The key to divorce litigation is collecting evidence,” and added, “It will be important to ensure that victims can use the protection system and that preliminary injunctions and victim protection orders can be issued in a timely manner as a precaution against retaliation.”

To achieve this, it is explained that △ the verbal abuse must be recorded or photos of the injuries must be taken and stored, △ messages acknowledging the assault must be collected, and △ doctor's opinions, medical certificates, and medical records can also be applied as evidence. In addition, temporary measures under the Domestic Violence Punishment Act can be used to ensure that the perpetrator and the victim are separated.

Attorney Lee added, "Victim protection measures must be strengthened and the fact of domestic violence must be proven. We need to find ways to promote a stable life after divorce by considering alimony claims, securing child support, and property division claims, while at the same time making full use of the domestic violence victim system."

Daeryun Law Firm, which provided the help, has its own divorce center and provides legal services such as domestic violence, property division, and child support. todaySeoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, JejuThere are offices all over the country.

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