Legal Q&A

Tired of non-expert, ad-driven answers to your legal questions?
Daeryun's specialist attorneys are here to answer.

I want to file a criminal complaint for dating violence, but I am afraid of retaliation

For the past few months, I have continuously been assaulted by my boyfriend. He also threatened that if we break up, he would go after my family. I intend to file a criminal complaint for dating violence against my boyfriend, but I am afraid of retaliation In such a case, do the police provide separate emergency measures, such as personal protection or a restraining order? Or is it something I have to look into separately? Please answer where I should get something like personal security when filing a complaint for dating violence..

Criminal complaint for dating violence

Answer

Published: 2025-04-17

Author : ChanWoo JEONG

It seems you are currently preparing to proceed with a criminal complaint for dating violence.

Recently, retaliatory crimes, in which a perpetrator goes after a victim who reported them for reasons such as a police report, have been unceasing.

You, too, seem to be aware of this, and to be looking for a way to respond to it.

Unfortunately, dating violence, unlike stalking or domestic violence, is in a situation where the legal basis for emergency measures is lacking.

That is, because measures such as a restraining order or the separation of the perpetrator and the victim are not applied immediately, the victim can still be placed in danger even after filing the complaint.

Accordingly, in the process of a criminal complaint for dating violence, additional personal-security services may be necessary.

Alternatively, you can apply for a civil provisional injunction for a restraining order.

It is a legal means of preventing the perpetrator from approaching the victim, for the purpose of investigating the case and protecting the victim's safety.

However, to apply for such a provisional injunction, you must specifically describe the harm in accordance with the legal requirements.

If an individual who lacks legal knowledge proceeds, the application may be dismissed, so it would be advisable to proceed together with an attorney who has abundant experience with related cases.