The legal framework
The Domestic and Cohabitation Relationships Violence Ordinance allows the court to grant injunctions restraining molestation and excluding a person from the home. Its scope was extended in 2008 and 2009 to cover former spouses, cohabitants and same-sex cohabiting couples, and a wider range of relatives.
Key points
| Injunctions | Non-molestation and exclusion orders from the District Court or the Court of First Instance |
|---|---|
| Scope | Spouses, former spouses, cohabitants including same-sex couples, and specified relatives |
| Power of arrest | May be attached to an injunction where there has been bodily harm |
| Duration | Up to two years, renewable |
| Criminal law | Assault, criminal intimidation and related offences apply in parallel |
| Refuges | Government-funded refuge centres for women and children |
| Social welfare | Family and Child Protective Services Units coordinate support |
| Domestic and Cohabitation Relationships Violence Ordinance | Covers spouses, former spouses and cohabitants, including same-sex |
In practice
- Build a record: dated notes, photographs, medical reports, messages and names of witnesses.
- Plan the exit before announcing it — separation is statistically the most dangerous period.
- Keep identity documents, some money and a spare set of keys somewhere safe outside the home.
- Tell schools and employers where safety arrangements are needed.
- Ask the court to attach a power of arrest to the injunction: without it, enforcement is slow.
- Contact a Family and Child Protective Services Unit for housing and welfare support.
Cost and coverage
Legal aid is available subject to means and merits; applications can be made urgently.
Recent changes
Successive extensions of the Ordinance brought cohabiting and same-sex couples within its protection, which had originally been limited to married spouses.
Where to go
- Social Welfare Department hotline 2343 2255, 24 hours.
- Harmony House and other refuge and counselling services.
- Police Domestic Conflict and Violence Policy Unit.
Worth knowing
A power of arrest attached to the injunction is what makes it effective in practice. Ask the court for it explicitly where there has been physical harm. An injunction without a power of arrest requires a fresh court application to enforce. Ask for the power of arrest at the outset.
Official sources and links
- GovHK — official government portal