Legal Q&A

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

How do I apply for a stalking restraining order?

A month ago, my ex-boyfriend began coming to see me again, asking to get back together. He waits in front of my school and my studio apartment every time. Sometimes he even comes to the place where I work part time. It is frightening, I am conscious of other people's stares, and I feel so anxious that I cannot bear it. I want to apply for a stalking restraining order, so how should I apply? And if I apply for a restraining order, does that completely prevent the offender from coming near me? I would appreciate a response.

Stalking restraining order

Answer

Published: 2025-04-22

Author : ChanWoo JEONG

I understand that you are inquiring about how to apply for a stalking restraining order and its effect.

If you are experiencing repeated stalking as described and the offender continues to pose a threat, it is important to take legal action promptly.

First, if the stalking continues, you should report it to the police to have the case registered.

The police investigate the case and take various measures in consideration of the victim's circumstances.

If there is a concern that it may develop into a stalking crime and the police determine that urgent action is needed for prevention, a restraining measure is applied.

Through this, the offender is prohibited from approaching within 100m of the victim and from making contact through telecommunications.

In addition, you can further apply to the court for a provisional injunction prohibiting the stalker from approaching.

To apply for this, you need evidence that can prove the offender's stalking conduct.

For example, text messages sent by the offender, CCTV footage, and witness statements can serve as key evidence for a restraining order response.

With this, you can formally file a provisional injunction for a restraining order with the court.

If the order is issued, the offender is prohibited from approaching or contacting the victim.

Stalking cases often lead to violent crimes such as murder.

Accordingly, victims should protect themselves through measures such as applying for a stalking restraining order.

In addition, using a personal protection service when necessary can also be effective.

Daeryun, ranked ninth among law firms in Korea (based on 2025 value-added tax filings with the National Tax Service), assists in resolving cases through the systematic strategies of legal professionals across various fields.