The Duty Lawyer Service Traditional Chinese Simplified Chinese Site Map Contact Us FAQs Related Links Text Only
Tel-law Scheme
     
  The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.



(108) BATTERED WIFE AND CHILDREN

Voice

If you or your children are assaulted or threatened by your spouse or person with whom you are living you should report the matter to the police and to the Social Welfare Department or one of the voluntary agencies. They may be able to assist you in getting medical help and finding a place of refuge for you. If you are willing to give evidence the police may bring criminal charges against the culprit.

If you are afraid that there may be more violence or threats in addition to reporting the matter to Police you may apply to the Court for an Order called an "injunction". This remedy is available even if you are not married legally to the person who has assaulted you. It is also available even though you do not intend, or wish to commence divorce or separation proceedings against your spouse. You can still get an injunction.

In making an injunction the Court may order the culprit not to molest, threaten or assault you or your children and may, in certain circumstances, eject the culprit from the matrimonial home. In some cases the Judge may add a power of arrest which means that the police will immediately arrest the culprit if you are threatened again and are afraid of further violence.

The Court may make an Order at first without the culprit being told about it. In other words you may apply to the Court without telling the culprit what you are going to do. However the Order must be served upon the culprit before it is of any effect. You must therefore take steps to ensure that you are in a place of safety, either with friends, or relatives or in Harmony House until the Order has been served. For information regarding the Harmony House, you can call again at the end of this tape.

Date of amendment: 1st October 1992



Previous Page Back To Top
 


About Us
Duty Lawyer Scheme
Free Legal Advice Scheme
Tel-Law Scheme
Family law
Land law, landlord and tenant
Criminal law
Employment law
Commercial, banking and sales of goods
Administrative and constitutional law
Environmental law and tort
General legal information
The National Security Law;
Legal Assistance Scheme for Non-refoulement Claimants
Annual Report 2023
Other