Obtaining a restraining order in case of domestic violence or dating violence

To take this path, you should file a divorce lawsuit first.

You should keep in mind that it takes usually 1-2 months before you get a restraining order after the court's review.
However in case your spouse violates the order, such act can be used against him/her in the divorce lawsuit. Also he/she will be subject to charge less than 10,000,000won (approximately 10,000 US dollars).

3. You can accuse your spouse to the police or prosecutor's office for his/her violence and request injunction (including restraining order) to protect yourself.  

If you call the police for domestic violence, the police will come out and investigate your case. They will put your spouse in the lockup to separate him/her. The spouse will be ordered not to come any closer than 100m to your residence or workplace.

To obtain restraining order based on domestic violence, it should be established that your spouse's act is equivalent to a crime, therefore report to the police or prosecutor's office is prerequisite. If you do not want to call the police, then it may not work for you.

In addition, you can file a lawsuit to indemnify your damage due to domestic violence.

4. Lastly, you can request the issuance of victim protection order. 

Separate from report to the police,you can request the victim protection order to the family court, and have the similar effect of restraining order.

According to Act regarding the punishment of domestic violence crime, Article 55-2, the judge can issue a victim protection order when asked by a victim or victim's legal representative, such as separating the perpetrator from victim or other family residence, prohibiting the perpetrator from coming closer than 100m to victim or other family member's workplace or residence, or contacting victim or other family members via phone, text, email, and other electric communication methods.

In this case, you neither need to report the crime to the police/prosecutor's office nor file a divorce lawsuit, and turn immediately to the court. It is a fast, effective way minimizing the conflict with your spouse and protecting yourself and exclude the perpetrator from your space.

If you have more questions about obtaining a restraining order in Korea due to domestic violence, please feel free to leave a comment to this post.

I am a Korea licensed lawyer who have lived in the States for almost 15 years.
In the US, I studied law at US law school. I am a Connecticut licensed lawyer as well.

I can explain complex Korean legal system to you in legal terms you are familiar with, and guide you through any legal problems you may have.