All MenuDomestic violence
means all kinds of violent conducts causing physical, emotional or financial damage between spouses or ex-spouses, people of a current or former relationship of lineal ascendants or descendants by blood (including full adoption) or by marriage, people of a current or former step-parental relationship, or relatives living together. Domestic violence includes violence on children and the old as well as spousal abuse.
Does a report on domestic violence automatically result in divorce?
A report of domestic violence incident to the police itself does not bring about a divorce. Rather than to grant a divorce, the Special Act for the Punishment of Domestic Violence is designed to contribute to helping spouses reconcile and build a peaceful and happy family life through eradicating an abusive tendency.
Does a police report of domestic violence leave a criminal record as a convict?
Not all reports of domestic violence to the police lead to criminal punishments. If a reported incident is disposed of as a Family Court case, there will be no criminal record.
Emergency measures by police
are provided for victims of domestic violence. Upon a report of a domestic violence incident in progress, the police must come to the place of the incident, stop the violence, investigate an alleged victim and an alleged perpetrator separately, take the victim, upon her/his consent, to an organization providing counseling on domestic violence or a shelter, and take the victim to a medical facility if an immediate medical treatment is required. Also the police must notify a victim of a right to request the court for a temporary restraining order.
The prosecution disposal of a domestic violence case under probation of the Family Court
may be granted in light of the nature, motive, and consequences of an incident and the nature and behavior of a perpetrator.
A temporary restraining order
may be issued. If there is a need to protect a victim during a course of investigation or litigation, the court may order an accused:
- to evacuate, or live separately in, a residence or a room of a victim or victim's family members
- not to come within 100 meters from a residence or workplace of a victim or victim's family members
- not to contact a victim or a victim's family members by telecommunication means.
- to be held in a medical facility or rehabilitation center
- to be held in a police station or in a jail.
The period of an order of evacuation or staying away cannot exceed two months, and that of confinement cannot exceed one month. However, a victim may request an extension, up to twice for an order of evacuation or staying away, and once for an order of confinement.
In case of violation of a temporary restraining order,
the prosecution may request, at its discretion or at the police's request, the court to order confinement in a police station or in a jail.
A conditional suspension of indictment
means a suspension of indictment on the condition that a perpetrator of domestic violence will get counseling from a counseling institute on domestic violence. The prosecution may suspend an indictment if it concludes that an accused needs to get behavioral corrections at the end of an investigation.
An order of payment of damages
may be requested by a victim of domestic violence for financial loss, medical bills, an agreed-upon compensation, financial support, etc. If a court order for damages is finalized, one may seek a court-ordered enforcement because the original of the order has the same legal effect as that of the original of a civil court order.