
Legal Q&A
Q
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Because of my husband's assault and threats, I have ended up proceeding with divorce litigation. However, I am very worried because I have been told that when attending court or going through the mediation procedure, I will have to be in the same space as my husband. I still have a great fear of the assault, and I am anxious about possibly being retaliated against. I would like to know whether there is a way to avoid facing my husband while conducting divorce litigation involving domestic violence, or a system that allows me to attend trial safely.
Divorce litigation involving domestic violence
Answer
Published:
Author : ChanWoo JEONG
I fully understand the feelings of a victim who is afraid of facing the perpetrator during a divorce lawsuit based on domestic violence.
The current legal system has several mechanisms in place to protect such victims.
First, where it is conducted in parallel with the domestic protection case procedure, you can make use of the temporary measure system under the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence.
The court may order temporary measures against the perpetrator, such as a prohibition on approach and a prohibition on approach via telecommunications (Article 29(1) of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence).
Second, in the divorce litigation procedure itself, you can request victim protection measures.
For example, you can apply to the court for separate examination so that the victim does not directly face the perpetrator on the mediation date or the oral argument date.
Third, you may also make use of personal protection services.
A victim of domestic violence can receive personal protection measures from the police and the like in urgent situations, and if necessary, they can also secure their safety when attending court or returning home by linking up with private security services.
Therefore, even if a situation arises in which you must inevitably be in the same space as your husband during the divorce litigation, you can be guaranteed safety through the court, the police, and professional security services.
We recommend that you actively make use of protective orders and the like together with the divorce litigation, also carrying out personal protection and security measures in parallel, so that you can proceed without fear.

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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law

EunYoung Kim
T. 070-5117-2950
Experience as a Prosecutor at the Seoul Southern District Prosecutors' Office · Attorney Specializing in Sex Crimes/School Violence/Criminal Law
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