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KSTGeneral information, not legal advice
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In a first-instance family protection case, may the court order money to the victim, and what kinds of payment can it order?

General information · Not legal advice

Material to check

In a practice file of this kind, we read the written protective disposition to see whether one was actually pronounced at first instance, the victim's application for a compensation order if one was filed, and the papers showing the maintenance need or the treatment bills and material damage claimed.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading treats the order as the court's own step: in the first-instance family protection case hearing procedure, where the court pronounces a protective disposition, it may act ex officio or on the victim's application and order money needed for the victim's or a family member's maintenance, or compensation for direct material damage and medical treatment costs arising from the family protection case.

Another reading stresses the limits the same paragraph carries: the power is worded as a permission, so pronouncing a protective disposition leaves the order open rather than automatic, and the two items name only maintenance needs and direct material and treatment loss, so wider or indirect losses are not reached by this paragraph.

Your judgment

If the victim claims more than direct damage and treatment costs, how could the file show that part is money needed for the maintenance of the victim or a family member?

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 add heads of loss or to make an order follow automatically from a protective disposition, or if a court decision explains how far direct material damage reaches.

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