[Chatting] I ran away from home to avoid "violent husband", but I get threatening calls every day...How do I keep them off-limits?

□ Broadcast date and time: October 24, 2024 (Thursday)
□ Host: Attorney Jo In-seop

□ Starter: Attorney Lee Jun-heon

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

□ DEAR TORN: I have been married to my husband for eight years. When I was newly married, I got along well with my husband, so my friends envied me. But 4 years ago... Since the corona burst, everything has changed. My husband's gym has been hit hard by COVID and I owe a lot. My husband has become more likely to relieve stress at home. At first, I was just annoyed, but later I even used abusive language while fighting me. Then one day, my husband knocked me down and strangled me. Since the first assault, my husband has pushed or hit me every time I fight like the reins have been released. Recently, I have asked my parents to lend me money to pay off my debt. When I refused to say I couldn't, my husband couldn't hold back his anger and pushed me away. What bothers me so much is that my 6-year-old son saw him assault me on the side. My husband screamed at my crying son for being loud in surprise and even pushed me into the room and hit me. I can't be married anymore. I took my son to my house. Then, my husband sends me a message mixed with abusive language, telling me to come home every day. I'm so scared because you're talking as if you're going to come to my house. What can I do?

◇ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): This was the story of a person suffering from domestic violence. What do we see as domestic violence? Can it be considered domestic violence to hear abusive language other than being right?

◆ Lawyer Lee Jun-heon (hereinafter referred to as Lee Jun-heon):

◇ Jo In-seop: Some people say domestic violence should be resolved at home, but isn't it?

◆ Lee Junheon:

◇ Jo In-seop: If you look at the story, you are very anxious because your husband is swearing with messages and talking like he is going to come to your house, is there any legal action you can take?

◆ Lee Jun-heon: My husband is very anxious because he kept contacting the person who left the house because he couldn't bear it and told me that he would come to his house now. In this case, it seems necessary to take measures to prevent the husband from accessing or contacting him. Measures preventing access or contact include police emergency measures for domestic violence crimes, courts taking temporary measures, deciding on victim protection orders, pre-disposing of access in divorce proceedings and provisional disposition against civil access.

◇ Cho In-seop: In the case of you, I think it's an urgent situation, so which procedure should I take first?

◆ Lee Jun-heon: If domestic violence is not happening right now, it would be most appropriate to apply for a victim protection order for now. If necessary to protect domestic violence victims, the court can order domestic violence actors to protect them, such as quarantine, such as eviction from housing, prohibition of access within 100 meters, prohibition of access using telecommunications, restrictions on parental rights, and restrictions on the exercise of interview negotiations. If necessary, a temporary protection order can be issued to keep domestic violence offenders away from the victim even before the decision to protect the victim is made. It seems that the first way to get protection from your husband is to get a temporary protection order from the court because you are in an urgent situation while applying for a victim protection order.

◇ Cho In-seop: In what cases can I get police emergency or temporary measures?

◆ Lee Jun-heon: Police emergency measures can be taken against ongoing domestic violence crimes. Emergency measures that the police can take include restraining violence, separating the perpetrator from the victim, and arresting the current offender. If the victim needs emergency treatment, the victim can be delivered to a medical institution, and if the victim agrees, the victim can be delivered to a domestic violence-related counseling center or shelter. In addition, if domestic violence crimes are feared to recur despite these emergency measures and the situation is urgent enough to be unable to receive a temporary decision from the court, the police can take temporary measures such as quarantine, no access within 100 meters, and no access using telecommunications, such as eviction from the residence as in the previous victim protection order. If the police do not take temporary action directly, the victim or legal representative may apply for temporary action with the police.

◇ Cho In-seop: What about prior disposition or prohibition of access in divorce proceedings?

◆ Lee Jun-heon: In divorce cases, you can apply for a prior disposition against access and receive a prior disposition decision, but it usually takes longer than receiving a temporary protection order after applying for a victim protection order because the preliminary disposition must be held after a court hearing. In the case of civil prohibition of access, it takes the same time because it requires a hearing as in the preliminary disposition. Usually, victims of domestic violence file for divorce and apply for preliminary disposition or an order to protect victims, and there are not many cases of civil prohibition of access.

◇ Jo In-seop: I used violence in front of my children, can I also ban access to them?

◆ Lee Jun-heon: Yes. In this story, the husband was seen assaulting you in front of his son, and he assaulted his son, so I think there was no choice but to say that there was child abuse emotionally and physically. The Child Abuse Punishment Act stipulates that even child abuse crimes can be ordered to protect victims or temporary measures such as quarantine such as eviction from housing, prohibition of access within 100 meters, and prohibition of access using telecommunications. If you apply for a victim protection order on the grounds of child abuse or if a divorce lawsuit is underway, you can also apply for a pre-disposition prohibiting access to your child in a divorce lawsuit.

◇ Jo In-seop: Now, to summarize what we've done so far... To prevent your husband from accessing or contacting you, you can take legal action such as first aid from the police, prior disposition against access in divorce proceedings, and provisional disposition against civil access. In case of urgency, applying for a victim protection order to the court, clarifying the urgency, and receiving a temporary protection order is the fastest way to be protected from her husband's access. Police emergency measures include restraining violence, separating perpetrators from victims, and emergency treatment, and in emergency situations, police can take temporary measures themselves. In divorce proceedings, it takes time to dispose of prior access, so it is faster to receive a temporary protection order after applying for a victim protection order. In the event of child abuse, temporary measures such as a ban on access to children can be taken, and even during divorce proceedings, you can apply for a pre-disposition of a ban on access to your child. You've been with lawyer Lee Jun-hun.

◆ Lee Junheon: Thank you.

◇ Cho In-seop: You can listen to <Attorney Cho In-seop's Counseling Office> again on YouTube. If you have any questions or suggestions, please comment.