What Is the List of Documents Required to Obtain a Restraining Order in Korea?
When you are experiencing threats, stalking, harassment, or any form of violence, the fear can feel overwhelming. For foreigners living in Korea, this fear is often intensified by language barriers, cultural differences, and uncertainty about how the legal system works. If you are considering legal protection, understanding the documents required to obtain a restraining order is the first step toward reclaiming your safety and peace of mind. With compassion and clarity, this guide walks you through the full documentation checklist and the legal process based on the most up-to-date information as of 2025.
Korean Law Guide: Understanding Restraining Orders
Korea provides several types of restraining orders, depending on the nature of the threat:
- Domestic Violence Restraining Orders
- Stalking Crime Protection Orders (under the 2022 Stalking Punishment Act)
- Emergency Measures issued by police
- Civil Court Injunctions
Regardless of which category applies to you, gathering the proper documentation is essential to support your application. Let’s break down the documents required to obtain a restraining order and why they matter.
1. Identification Documents
You must prove your identity clearly. Acceptable documents include:
- Passport
- Alien Registration Card (ARC) or Residence Card
- Korean ID (if you are a naturalized citizen or F-visa holder)
These documents confirm who is submitting the request and help officials register your case accurately.
2. Evidence of Threats or Violence
This is the core of your application. Korean courts review whether you are in danger or have been harmed. The stronger the evidence, the faster protection can be granted. Below is the detailed list of evidence considered helpful when preparing the documents required to obtain a restraining order.
Acceptable Evidence Includes:
- Text messages, emails, SNS messages showing threats, stalking, harassment
- Call logs documenting repeated unwanted contact
- Photographs of injuries, property damage, or the stalker’s presence
- CCTV footage capturing following, waiting, or aggressive behavior
- Medical reports if you suffered physical harm
- Police reports from previous incidents
- Witness statements from friends, neighbors, coworkers
Evidence is crucial because the court must be convinced that a real risk exists. Foreigners often face the added burden of navigating Korean-language evidence collection. A lawyer can help translate, organize, and properly submit these materials.
3. Written Petition (Application Form)
This official document formally requests the restraining order. It must include:
- Your personal details
- The aggressor's personal details (if known)
- Type of order requested
- Detailed description of incidents
- Why you are afraid and what protection you need
The petition is one of the most important documents required to obtain a restraining order because it presents your story in a structured format that judges rely on.
4. Proof of Relationship (When Applicable)
For domestic violence restraining orders, you must show your connection to the aggressor.
Accepted documents include:
- Marriage certificate
- Cohabitation registration or lease contract showing shared residence
- Birth certificate (parent-child relationships)
If you are not related (e.g., stalker case), this category may not apply, but providing any document linking you to the aggressor strengthens your case.
5. Address or Location Information
The court must know where the aggressor can be reached for notification. If you don’t know the exact address, you may provide:
- Workplace name/address
- Last known residence
- Social media profiles
- Phone number
This is often one of the hardest documents required to obtain a restraining order for foreign victims because the aggressor may move or provide false details. Korean courts will still try to proceed using whatever information you can provide.
6. Additional Documents That Strengthen Your Case
- Translation of foreign documents (must be notarized)
- Proof of mental or emotional harm (psychiatric reports)
- Screenshots showing fear-inducing patterns of stalking
- Any previous restraining orders issued abroad
- Emergency hospital records
These items are not mandatory, but they often make approval faster and more decisive.
How a Lawyer Helps Foreigners in Restraining Order Cases
Because restraining order cases involve urgent danger, legal paperwork, and Korean-language court procedures, a lawyer can:
- Prepare all documents required to obtain a restraining order
- Translate evidence
- Draft the petition persuasively
- Communicate with police, prosecutors, and courts
- Attend hearings on your behalf
This support is especially important when you fear confronting the aggressor directly.
Frequently Asked Questions
Do I need all documents to file?
No. If you are in immediate danger, Korean police can issue emergency protection even before you gather full evidence.
Can foreign residents apply?
Yes. Foreigners have the same right to restraining orders as Korean citizens.
What if I have no evidence?
You can still file, but results may vary. A lawyer can help identify hidden evidence such as CCTV footage or witness testimony.
Conclusion
Knowing the documents required to obtain a restraining order empowers you to take your first step toward safety. If you have experienced violence or harassment in Korea, please remember: you are not alone, and protection is available. Gathering documents may feel overwhelming, but with proper guidance, the path becomes clearer and your rights become stronger.
Disclaimer: This article is for information only and does not constitute legal advice. Please consult a qualified legal professional for tailored support.
*Would you like more guidance? Explore our related articles on Criminal Law, Immigration Matters, and Victim Protection in Korea.*
(Updated: 2025 Legal Guide)
Labels: Korean Law Guide, Legal Help in Korea, Victim Protection