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What Does a Stalking No-Contact Order Mean Legally?

Under Korea's Anti-Stalking Act, a no-contact order is a measure that restricts the access of a person identified as the offender in order to protect the victim's safety.

• Divided into emergency measures issued on-site by police and provisional measures decided by the court
• Violation can result in up to 2 years' imprisonment or a fine of up to KRW 20 million — a serious measure
• Specific types include a ban on approaching the other party or their home/workplace within 100 meters, and a ban on contact via telecommunications
• Legal effect takes place immediately upon notice, making it difficult for the recipient to judge the situation calmly in many cases

As such, because a stalking no-contact order is decided quickly regardless of intent, it is important to accurately understand the content as soon as you receive notice.

* Failing to comply with a provisional measure can result in up to 2 years' imprisonment or a fine of up to KRW 20 million; failing to comply with an emergency measure can result in up to 1 year's imprisonment or a fine of up to KRW 10 million — both serious consequences.

From Notice to Trial: How Does the Process Proceed?

Stalking no-contact order cases generally proceed through the following steps.

• 1️⃣ 112 Report – The case begins with the victim's report
• 2️⃣ On-site Investigation and Emergency Measures – Police immediately impose measures such as a no-contact order
• 3️⃣ Request for Provisional Measures – Upon request from the judicial police officer, the prosecutor requests new provisional measures from the court
• 4️⃣ Court Hearing and Decision – The period and scope of the no-contact order are finalized
• 5️⃣ Criminal Case Upon Violation – If the measure is violated, a separate investigation and prosecution follow

Because the initial response and organization of evidence at this stage significantly affect the entire process that follows, it is critical to seek legal assistance as soon as you receive notice of a stalking no-contact order.

A Real Case: How a Stalking No-Contact Order Case Played Out

[Case We Handled]

Mr. B, a man in his 40s, was notified of a stalking no-contact order after repeatedly attempting to contact his ex-partner to clear up a misunderstanding.

From the early stage of the notice, Mr. B received legal assistance to organize a statement of circumstances and related materials and filed an appeal, resulting in an adjustment to the scope of the no-contact order and, later, a non-prosecution decision at the investigation stage.

* Note that outcomes may vary by case depending on the circumstances and evidence involved.

As shown here, the outcome of a stalking no-contact order case can differ significantly depending on how it is handled from the outset.

Why You Should Work With Decent

Stalking no-contact order cases require professional handling in the following areas.

• Accurate interpretation of the measure and pursuing an appeal against it
• Coordinating the relationship with the victim and demonstrating prevention of recurrence
• Establishing a strategy for responding to investigative authorities and securing the right to defend one's statements

Decent draws on extensive experience handling stalking cases to closely analyze each client's situation and build a systematic defense strategy from the initial notice through investigation and trial.

Stalking no-contact orders are a case type where the difficulty of responding increases as time passes.

If you have already received notice or are facing an upcoming investigation, we recommend consulting with a criminal defense attorney experienced in these matters rather than deciding on your own.

Decent Law Firm is always ready to provide prompt, accurate legal consultation to help you find the best path forward for your situation.