Domestic Violence Divorce Lawyer
Domestic Violence Divorce Lawyer | What Happens When the Criminal Case and the Divorce Case Run at the Same Time
A domestic violence allegation between spouses can trigger three separate tracks at once: a criminal investigation under the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence (가정폭력범죄의 처�벌 등에 관한 특례법), a civil/criminal protective order restricting your contact with your spouse or children, and a divorce case where the allegation becomes a ground for divorce and a factor in custody and alimony. These three tracks use different evidence standards and different timelines, and a misstep in one can weaken your position in another. This page focuses on the practical reality of responding to all three as the person accused.
Domestic Violence Divorce | The Criminal Investigation and Emergency Measures
Once police are called to a domestic violence report, the case does not automatically become a criminal prosecution in the ordinary sense — it can also be routed into a protective disposition (보호처분) system that is distinct from a criminal conviction, but police and prosecutors still have real power to restrict your movements immediately.
On-scene emergency measures
Police responding to a domestic violence report may issue an on-the-spot emergency measure separating you from the victim, restricting approach to the shared residence, or prohibiting phone contact, without a prior court hearing (가정폭력범죄의 처벌 등에 관한 특례법 제5조). Violating this on-scene measure can itself become a separate criminal issue, so the first practical step is confirming exactly what was ordered and complying with it while the underlying allegation is being reviewed.
Referral to protective disposition or prosecution
Prosecutors can choose to refer the case to family court for a protective disposition (보호처분) instead of indicting you, particularly for a first incident without serious injury (가정폭력범죄의 처벌 등에 관한 특례법 제9조). A protective disposition is not the same as a criminal conviction and does not create a criminal record in the same way, but if injury, repeated incidents, or violation of a prior protective order are involved, ordinary criminal prosecution for assault, injury, or violation of the special act becomes more likely.
Emergency arrest and pretrial detention risk
In cases involving visible injury, repeated violations of a no-contact order, or perceived risk to the victim, emergency arrest or a request for a detention warrant becomes a real possibility. Whether detention is requested typically turns on injury severity, prior record, and compliance with earlier protective measures, which is why documenting your own compliance from the outset matters.
Domestic Violence Divorce | Protective Orders and Restrictions on Contact
Separate from any criminal penalty, a court can issue a protective order restricting where you can go and who you can contact, and this order can be extended well beyond the initial emergency measure.
Provisional and formal protective orders
A family court can issue a provisional disposition and then a formal protective order (보호처분) prohibiting approach within 100 meters of the victim's home, workplace, or the children's school, and prohibiting phone, text, or third-party contact, for a period the court sets and can extend (가정폭력범죄의 처벌 등에 관한 특례법 제29조, 제55조의2). These orders can be issued even before any criminal conviction, based on a risk assessment rather than proof of guilt.
Consequences of violating an order
Violating a protective order is itself a separate criminal offense, punishable independently of whatever the original allegation was, and a violation record makes every later stage of both the criminal case and the divorce case harder to navigate. If contact with your children is restricted and you believe the order is broader than necessary, the correct route is to request modification through the court, not to make direct contact.
Impact on access to the shared home and children
If the protective order excludes you from the shared residence, this can functionally decide who keeps possession of the home and who has day-to-day care of the children before the divorce case even reaches a hearing, which is one reason the response to the protective order petition needs to happen quickly rather than after the fact.
Domestic Violence Divorce | How the Allegation Affects Divorce, Custody, and Alimony
A domestic violence allegation, even one that has not resulted in a final criminal conviction, is frequently used in the divorce case itself as grounds for divorce and as a factor in custody and financial disputes.
Domestic violence as a ground for divorce
A spouse can seek judicial divorce on the basis of having 'suffered extremely harsh treatment' from the other spouse, which domestic violence allegations are commonly framed under (민법 제840조 제3호). The family court evaluates this independently of the criminal case, using its own evidence, so a protective disposition or even a criminal acquittal does not automatically resolve the divorce ground.
Effect on custody and visitation
In deciding custody, the family court considers a party's history of violence toward the spouse or children as one factor relevant to the child's welfare, and a documented domestic violence record can lead to restricted or supervised visitation. Demonstrating compliance with any protective measures and, where relevant, completion of a court-ordered counseling or education program can be part of addressing this in the custody dispute.
Alimony and division of property
Where domestic violence is found to be the cause of the marital breakdown, it is typically weighed as a factor in alimony (손해배상) for mental suffering, separate from the division of marital property, which is generally assessed based on each spouse's contribution to acquiring the assets rather than fault (민법 제839조의2). This means even a spouse found substantially at fault for the divorce is not automatically excluded from property division, though fault can influence the alimony amount.
⚠ Time limits that apply regardless of the criminal case outcome
A claim for division of marital property must be filed within two years of the divorce becoming final (민법 제839조의2 제3항), and this deadline runs independently of how long the criminal case or protective order proceedings take. If the divorce is finalized while the criminal case is still pending, do not assume the property division deadline is paused.
Domestic Violence Divorce | How a Combined Criminal and Divorce Case Usually Proceeds
We review the police report, any emergency measure or protective order already issued, and the timeline of the alleged incident to identify what is being disputed and what is not.
This includes preparing your statement for police questioning, and where relevant, addressing whether the case can be referred to a protective disposition rather than ordinary prosecution.
If a protective order has been requested or issued, we assess whether to contest its scope, request modification of contact restrictions with children, or comply while addressing the underlying allegation.
If a divorce action has been filed or is expected, we address how the domestic violence allegation affects the divorce ground, custody, and alimony claims, coordinating this with the criminal case timeline so statements in one proceeding do not undermine the other.
The criminal case may end in a protective disposition, prosecution, or non-prosecution, while the divorce case proceeds separately toward mediation or a judgment on divorce, custody, and property division.
Domestic Violence Divorce | How Fees Are Set for a Combined Criminal and Divorce Matter
Typically set based on the stage of the case (police investigation, prosecutor referral, or protective disposition hearing) and the severity of the underlying allegation.
Set separately from the criminal retainer, based on whether the case is contested, whether custody and property division are disputed, and the number of hearings expected.
Responding to a protective order petition, or requesting modification of an existing order, is generally billed as a discrete task given its urgency and short response window.
Where applicable to the divorce portion, may be structured around the outcome on property division or custody, discussed and agreed separately from the criminal retainer.
Court filing fees, stamp fees, and document costs are billed separately and vary depending on the number of proceedings running in parallel.
※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.
Domestic Violence Divorce | Self-Check Before Your Consultation
1️⃣ If Police Have Already Been Called
- Was an on-scene emergency measure issued, and do you have a copy or record of its exact terms?
- Have you had any contact with your spouse since the emergency measure was issued?
- Have you been asked to appear for a police or prosecutor interview yet?
- Is there a record of prior domestic violence reports involving the same household?
2️⃣ If a Protective Order Has Been Issued or Requested
- Do you know the exact scope of the no-contact or no-approach terms?
- Does the order affect your access to your children, and if so, how?
- Do you still have access to the shared residence, or has that been restricted?
- Has a hearing date been set for the formal protective order?
3️⃣ If a Divorce Case Has Been Filed or Is Expected
- Has your spouse filed for divorce, or only raised the possibility?
- Is custody of minor children currently contested?
- Have you kept records of your own version of events, separate from what is in the police report?
- Do you know whether your spouse is also seeking alimony for mental suffering, in addition to property division?
4️⃣ Coordinating the Two Cases
- Are you aware that statements made in the criminal investigation can be used as evidence in the divorce case?
- Have you avoided making any settlement offers or admissions without legal advice on how they affect both cases?
- Do you have a single, consistent timeline of events prepared before speaking to police, prosecutors, or the family court?
