In a domestic violence matter, who may ask the court for a compensation order, and what must be true about the case when they ask?
General information · Not legal advice
Material to check
In a practice file of this kind we read the papers showing the matter is proceeding as a domestic protection case in the first instance, the record showing the applicant is the person treated as the victim in that case, and the application for the compensation order itself.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision directly: the victim may apply to the first-instance court where the domestic protection case is pending for the compensation order it refers to, and when applying in that way no stamp is attached to the application.
Another reading notes that the provision names the Act on Promotion of Litigation and applies its provisions on the compensation application by reference, so the detail of that application procedure is carried into a domestic protection case from that other Act rather than set out in this provision.
Your judgment
What in the file would show the case was still pending in the first instance on the day the application was made?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the court or stage at which the victim may apply, or if a court decision interprets the provisions applied by reference from the Act on Promotion of Litigation.