Legal Q&A
Q
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I have been repeatedly subjected to verbal abuse and physical violence by my husband. Recently, he has also raised his voice at and threatened our child, so I could no longer endure it and have reported it to the police. Even though we are now living apart, he keeps calling and lingering in front of the house, so my fear does not go away. I saw something called a 'victim protection order' on the internet, and I would like to know exactly what this protection order referred to in the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence is and what measures I can receive.
Act on Special Cases concerning the Punishment of Crimes of Domestic Violence
Answer
Published:
Author : ChanWoo JEONG
I confirm that you have inquired about the victim protection order under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence.
A victim protection order prohibits the offender from approaching or contacting the victim when there is a concern that the victim and their family may be subjected to retaliation by the offender.
For this, the victim in person or a legal representative must file a request with the court.
After judging the matter, the court may issue a victim protection order corresponding to one of the following.
1. Isolation, such as eviction from the residence or occupied room of the victim or a family member
2. A prohibition on approaching within 100 meters of the victim or a family member or their residence, workplace, and the like
3. A prohibition on approaching the victim or a family member by means of telecommunications
4. A restriction on the exercise of parental authority over the victim by an offender who is a person with parental authority
5. A restriction on the exercise of the offender's visitation rights with respect to the victim
Such a victim protection order under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence may be decided in combination, and it may last for up to 1 year.
If an extension of the period is needed, it can be extended by filing a request with the court, in units of 2 months, for up to 3 years.
It appears that you are currently suffering harm from domestic violence.
If the harm is serious or personal protection is needed, requesting help from a private protection company or a law firm that provides protection services is also a good approach.

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