Domestic Violence Injunction Application (Hong Kong)

A Domestic Violence Injunction Application in Hong Kong is a formal court document filed under the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189) — formerly known as the Domestic Violence Ordinance — enabling a victim of domestic abuse to apply to the District Court or Family Court for injunctive orders that restrain a respondent from committing further acts of violence, molestation, or harassment, and may require the respondent to vacate the family home.

Cap. 189 was originally enacted in 1986 and was significantly amended in 2008 and 2010. The 2008 amendments extended the Ordinance's protection to cohabitants of the same sex, former cohabitants, and other persons in prescribed domestic relationships, and renamed the Ordinance. The 2010 amendments added new civil remedies and strengthened enforcement provisions under Cap. 189. The Ordinance empowers the District Court and Family Court to grant two types of injunctive order: a non-molestation order and an ouster order (also called an exclusion order).

A non-molestation order under the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189) prohibits the respondent from using or threatening violence against the applicant or specified children, from molesting the applicant through pestering, harassing, or intimidating conduct, and may specify particular prohibited acts such as attending the applicant's workplace, contacting the applicant by telephone or messaging, or communicating through third parties.

An ouster order (exclusion order) under Cap. 189 requires the respondent to leave or not return to the family home or a specified area around it, even if the respondent is a co-owner or joint tenant of the property. The Family Court is generally more cautious about granting ouster orders because of their more drastic effect on the respondent's housing rights, but will grant them where the safety of the applicant or children requires it under Cap. 189.

In urgent cases where the applicant is at immediate risk of harm, the court may grant a temporary injunction without first notifying the respondent — an ex parte or without-notice order under Cap. 189. The court may also attach a power of arrest to any injunction, allowing the Hong Kong Police Force to arrest the respondent without a warrant if the respondent breaches the terms of the order. Breach of an injunction under Cap. 189 is a contempt of court and can result in a fine or imprisonment.

The Social Welfare Department (SWD), Integrated Family Service Centres under the Social Welfare Department, and the Family Crisis Support Centre (operated by Tung Wah Group of Hospitals, tel: 18281) provide 24-hour crisis intervention, emergency shelter, and counselling for domestic violence victims in Hong Kong. The Legal Aid Department provides legal aid for eligible applicants under the Legal Aid Ordinance (Cap. 91).

Victims of domestic violence in Hong Kong may also pursue criminal complaints through the Hong Kong Police Force Family Conflict Prevention Units. Criminal charges under the Offences Against the Person Ordinance (Cap. 212) — including assault causing actual bodily harm — may proceed in parallel with civil injunction proceedings under Cap. 189. A conviction does not replace the civil injunction but may strengthen the grounds for a longer-term protective order. The District Court and Family Court both handle applications under Cap. 189, and trained judges apply the welfare principle of the Guardianship of Minors Ordinance (Cap. 13) where children are affected.

A Domestic Violence Injunction Application in Hong Kong is needed when a person is experiencing domestic violence, threats of violence, harassment, molestation, or other abusive conduct from a current or former partner, spouse, or cohabiting family member covered by the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189).

Victims of physical violence — assault, battery, or threats of serious harm — by a spouse, former spouse, or cohabiting partner should apply urgently for a non-molestation order and, where the respondent shares the home, an ouster order. The court can hear ex parte applications on the same day in genuine emergencies where waiting for notice to the respondent would expose the applicant to immediate risk of serious harm.

Victims of psychological abuse, harassment, and intimidation — persistent threatening messages, unwanted visits to the workplace, monitoring of movements, control of finances, or other coercive and controlling behaviour — should file an application even where no physical violence has occurred. Cap. 189 covers conduct that creates a hostile, intimidating, or threatening environment for the applicant, not only physical acts.

Former partners or spouses who have separated but continue to be subjected to harassment, threatening communications, or unwanted contact by their former partner should file an application under Cap. 189. The Ordinance covers former cohabitants and former spouses, not only current domestic relationships. The Family Court can make injunctions protecting applicants from former partners who refuse to accept the end of the relationship.

Where children are affected by domestic violence — either as direct victims or as witnesses to violence between their parents — the application should specifically request protection for the children as well as the applicant. The Family Court's welfare principle under the Guardianship of Minors Ordinance (Cap. 13) gives paramount importance to the welfare of children, and the court can attach conditions to injunctions to protect children's safety.

Victims who need immediate safety but are not yet ready to file for divorce or separation can apply for a domestic violence injunction as a standalone protective measure under Cap. 189, without committing to any particular outcome for the underlying relationship. The injunction process is independent of divorce proceedings, though injunctions are often sought alongside or as a prelude to divorce proceedings under the Matrimonial Causes Ordinance (Cap. 179).

A Domestic Violence Injunction Application in Hong Kong under the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189) must include the following key elements.

Applicant and respondent details: Full legal names, Hong Kong Identity Card numbers, current addresses, and the nature of the domestic relationship between the applicant and respondent — whether they are current spouses, former spouses, cohabiting partners, same-sex partners, parents and children, or other specified domestic relationships under Cap. 189.

Type of order sought: Whether the application seeks a non-molestation order, an ouster order, or both under the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189). For a non-molestation order, the specific prohibited conduct should be identified. For an ouster order, the property address and geographic exclusion zone requested should be stated.

Grounds — account of domestic violence: A detailed, chronological account of the incidents of domestic violence, threats, harassment, or molestation on which the application is based under Cap. 189. Each incident should be described separately with the date, location, witnesses present, the respondent's specific words or acts, and the physical or psychological impact on the applicant. Medical records, photographs of injuries, hospital records, police reports, and records of previous reports to the Social Welfare Department under the Child Abduction and Custody Ordinance (Cap. 512) are important supporting evidence.

Children's details: Names, dates of birth, and current living arrangements of any children affected by the domestic violence. The application should request that any injunction order extend its protection to the named children. The Family Court applies the welfare principle of the Guardianship of Minors Ordinance (Cap. 13) in considering arrangements for children.

Ex parte urgency under Cap. 189: If applying without notice to the respondent, the application must explain why notice would expose the applicant to immediate risk of further harm. The court can hear ex parte applications under the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189) on the same day or within 24 hours in genuine emergencies.

Power of arrest: A specific request for a power of arrest to be attached to the injunction under Cap. 189, enabling the Hong Kong Police Force to arrest the respondent without a warrant for any breach of the order's terms. A power of arrest provides immediate practical protection and is typically granted where there is evidence of actual violence.

Supporting affidavit: A sworn affidavit from the applicant corroborating the grounds of the application under Cap. 189, executed before a solicitor or Commissioner for Oaths. The affidavit provides the evidential basis for the court's consideration of the application. Related documents include the Joint Application for Divorce, Child Custody Agreement, and Affidavit. forms-legal.com provides a Domestic Violence Injunction Application template for Hong Kong applicants under the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189).

Related proceedings: A Domestic Violence Injunction Application under Cap. 189 may be filed alongside divorce proceedings under the Matrimonial Causes Ordinance (Cap. 179), a Child Custody Agreement under the Guardianship of Minors Ordinance (Cap. 13), or a Separation Deed. Where criminal charges are also pursued, applicants should coordinate with prosecuting authorities to confirm that civil injunction terms do not conflict with bail conditions. The Legal Aid Department and the Duty Lawyer Service provide free assistance to eligible applicants at the District Court and Family Court registries.

Duration of injunction: The application should specify the duration of the protective orders sought — whether for a fixed period (commonly 12 to 24 months for an inter partes order) or until further order of the court. The court will determine the appropriate duration based on the evidence of risk. Both parties may apply to vary or discharge the injunction if circumstances change materially.