Hello, I’m Heebong Ha, an attorney at Lawpid Legal Services. Today, we’re going to take a closer look at how domestic violence cases are handled as family law cases and the processโฆ ๐ค
๐ The core of a family protection case: family restoration
The main purpose of the “Special Act on the Punishment of Crimes of Domestic Violence” is to “restore peace and stability to families destroyed by crimes of domestic violence.” This means that the restoration of the family is prioritized over the punishment of the perpetrator.
โ Decision-making process for family protection cases
The decision to file a domestic violence case is primarily made by the prosecutor. The prosecutor will consider the nature, motive, and consequences of the case, as well as the sexual behavior of the perpetrator. The victim’s wishes are also important in this process.
The trial court may decide to transfer the case to a family protection case.
In particular, the likelihood of a family protection case is increased if the crime requires a victim to press charges, if the charges are not filed or are withdrawn, or if the victim has clearly expressed that they do not want to be punished.
The prosecutor’s decision is followed by a court hearing. The court hears the case on the prosecutor’s request, determines the necessity and appropriateness of protective measures, and makes a final decision.
๐ก Interim measures
If the prosecutor believes there is a risk that the domestic violence will recur, they can ask the court for interim measures. These interim measures may include restraining the perpetrator or preventing them from communicating with you. These measures are intended to quickly ensure the victim’s safety.
โ “Are all domestic violence cases handled as family protection cases?”
No. Depending on the prosecutor and the court, it may be handled as a criminal case. The specific circumstances of the case and the victim’s wishes are important considerations.
For more information, please visit: ๐โโ๏ธ Suffering from domestic violence?
Domestic violence is a serious problem, but it can also be an opportunity to restore a family. The family protection case process provides this opportunity.
At Lawpid Legal Services, we will carefully consider your situation and advise you on the most appropriate legal course of action to protect both your family’s peace and your individual rights ๐ช We are here to help you preserve both ๐ช.
Talk to an expert to find the best solution for your situation. Together, we’ll figure it out.