Key Points
- The "family members" protected by the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence (the “Domestic Violence Punishment Act”, 가정폭력처벌법) include not only a current spouse but also a de facto spouse and a divorced former spouse (Article 2(ii)(a)).
- Regardless of any criminal proceedings, a victim can apply directly to the family court for a victim protection order and obtain removal of the abuser from the home, a ban on approaching or contacting the victim, and even restrictions on the exercise of parental authority and visitation (Article 55-2).
- A protection order may not exceed one year, but it can be extended in two-month increments, up to a total of three years including the earlier periods (Article 55-3).
- If further violence is feared, it is the prosecutor who requests temporary measures from the court. When there is no time, a judicial police officer first takes emergency temporary measures, and the prosecutor then requests temporary measures from the court within 48 hours (Articles 8, 8-2 and 8-3).
- Violating a protection order or temporary protection order carries imprisonment of up to two years, a fine of up to KRW 20 million, or penal detention (Article 63(1)).
Two routes to protection
When domestic violence is reported, the judicial police officers who respond must stop the violence, separate the two people, and inform the victim of the protective measures available (temporary measures and protection orders) (Article 5 of the Domestic Violence Punishment Act). From there, the protective measures split into two tracks, as shown in the table below.
| Item | Temporary measures (Articles 8 and 29) | Victim protection order (Article 55-2) |
|---|---|---|
| Who applies | The prosecutor requests them from the court, and a judicial police officer may also apply. The victim may ask for a request to be made or give an opinion | The victim or the victim's legal representative directly, or the prosecutor |
| Prerequisite proceedings | An investigation into a domestic violence crime or a domestic protection case must be under way | Available even without criminal proceedings |
| Available measures | Removal from the home; ban on approaching within 100 meters of the residence, workplace, etc.; ban on contact by mobile phone, email, etc.; referral to a counseling center; referral to a medical institution; confinement in a police station cell or detention center | Removal from the home; ban on approaching within 100 meters; ban on contact by phone, messages, etc.; restriction of visitation; restriction of the exercise of parental authority |
| Duration | Removal and the bans on approach and contact are two months each, extendable twice | Up to one year, extendable in two-month increments up to a total of three years |
| Penalty for violation | Violating removal or approach bans: imprisonment of up to one year, a fine of up to KRW 10 million, or penal detention (Article 63(2)) | Imprisonment of up to two years, a fine of up to KRW 20 million, or penal detention (Article 63(1)) |
Connecting with divorce proceedings
- It is a ground for divorce · Violence constitutes "extremely unjust treatment" under Article 840(iii) of the Civil Act or a serious reason making it difficult to continue the marriage (subparagraph (vi)). See Judicial Divorce
- The deliberation period can be shortened · Even if you choose a divorce by agreement, if waiting is itself painful because of the violence, you can ask the court to shorten or waive the deliberation period (Article 836-2(3)).
- It supports a claim for compensation for non-economic damages · If the marriage collapsed because of violence, claim compensation for non-economic damages for the resulting emotional distress together with the divorce claim. See Divorce Compensation for Non-Economic Damages
- It is reflected in custody and visitation · A history of violence carries significant weight in deciding who becomes the custodial parent and whether to restrict visitation. Including a visitation restriction in the protection order protects the child even while the lawsuit is pending.
- Temporary dispositions during the lawsuit · When filing the complaint, also request prior dispositions covering child care and living expenses while living apart and measures preventing the sale of property (Article 62 of the Family Litigation Act). Prior Disposition Guide
How to apply for a victim protection order
You may choose to apply to the family court for the place where the violence occurred, where the abuser lives or stays, or where the victim lives or stays (Article 55). The key difference from temporary measures is that a protection order is available even if you have not yet called the police or do not want the abuser punished. Several types of orders can be obtained at once (Article 55-2(2)), and even before a decision is made, a judge may issue a temporary protection order with the same content if the situation is urgent (Article 55-4).
- Gather records of the abusePrepare medical certificates, photos of injuries, abusive or threatening messages, records of police reports, and counseling center records. Whether the violence was repeated and whether it occurred recently strongly affect the decision.
- Choose the orders you needDecide whether to have the abuser leave the home, keep away from your workplace or the child's school, stop contacting you, and restrict parental authority and visitation concerning the child.
- Apply for a temporary protection order at the same timeIf there is immediate danger, also request a temporary protection order that takes effect until the main decision is issued.
- Request personal safety protectionIf you are worried about your safety when attending court or a visitation session with the child, you can ask the court for personal safety measures (Article 55-2(5)).
- Extension or modificationIf the danger remains as the expiration date approaches, request an extension, and if the situation changes, for example because of a move, request a modification (Article 55-3).
Frequently Asked Questions
Can I apply for a protection order even if I did not call 112 (the police emergency number)?
My ex-husband keeps showing up in front of my home after the divorce.
I obtained a no-contact order, but he keeps contacting me.
He is the child's father. Can I block visitation too?
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Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
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