Domestic Violence Divorce Lawyer | What Happens When the Criminal Case and the Divorce Case Run at the Same Time

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.

Domestic Violence Divorce | How a Combined Criminal and Divorce Case Usually Proceeds

Domestic Violence Divorce | How Fees Are Set for a Combined Criminal and Divorce Matter

※ 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

Frequently Asked Questions

Official References

• Korea Law Information Center — https://www.law.go.kr
• Easy-to-Find Everyday Legal Information — https://easylaw.go.kr
• Korea Legal Aid Corporation — https://www.klac.or.kr