### Domestic and Cohabitation Relationships Violence Ordinance 《家庭及同居關係暴力條例》

1. Short title
This Ordinance may be cited as the Domestic and Cohabitation Relationships Violence Ordinance.
(Amended 18 of 2009 s. 4)

2. Interpretation and application
(1) In this Ordinance, unless the context otherwise requires—
applicant (申請人) means a person who applies for an injunction to be granted under section 3, 3A or 3B; (Added 18 of 2009 s. 5)

cohabitation relationship (同居關係)—
(a) means a relationship between 2 persons (whether of the same sex or of the opposite sex) who live together as a couple in an intimate relationship; and
(b) includes such a relationship that has come to an end; (Added 18 of 2009 s. 5)

matrimonial home (婚姻居所) includes a home in which the parties to a marriage ordinarily reside together whether or not it is occupied at the same time by other persons; (Amended 17 of 2008 s. 3)
minor (未成年人) means a person under the age of 18 years; (Added 17 of 2008 s. 3)
party to a cohabitation relationship (同居關係一方) does not include a person who is or was the spouse of the other party to that relationship; (Added 18 of 2009 s. 5)
respondent (答辯人) means the person against whom an injunction is granted or sought to be granted under section 3, 3A or 3B; (Added 17 of 2008 s. 3. Amended 18 of 2009 s. 5)

specified minor (指明未成年人) means a minor—
(a) who is a child (whether a natural child, adoptive child or step-child) of the applicant or respondent concerned; or
(b) who is living with the applicant concerned. (Added 18 of 2009 s. 5)

(Amended 17 of 2008 s. 3)(2) (Repealed 18 of 2009 s. 5)

### Domestic and Cohabitation Relationships Violence Ordinance 《家庭及同居關係暴力條例》

4. Court of First Instance may exercise powers of District Court in certain cases
The Court of First Instance may exercise the powers conferred on the District Court under section 3, 3A or 3B— (Amended 17 of 2008 s. 6; 18 of 2009 s. 9)
(a) in a case of urgency; or
(b) where the Court of First Instance is satisfied that special circumstances are present which make it appropriate for the Court of First Instance rather than the District Court to exercise those powers.
(Amended 25 of 1998 s. 2)

### Domestic and Cohabitation Relationships Violence Ordinance 《家庭及同居關係暴力條例》

5. Arrest for breach of order
(1) Where a court grants, pursuant to section 3, 3A or 3B, or pursuant to any other power upon an application made by a party to a marriage against the other party to the marriage, an injunction containing— (Amended 18 of 2009 s. 10)
(a) a provision restraining any person from using violence against another person (protected person

6. Limitations as regards injunctions and authorizations of arrest
(Amended 17 of 2008 s. 8)(1) A provision mentioned in section 3(1)(c) or (d), 3A(4)(b) or (c) or 3B(1)(c) or (d) contained in an injunction granted under section 3, 3A or 3B shall have effect for a period, not exceeding 24 months, as the court considers appropriate. (Replaced 17 of 2008 s. 8)
(2) An authorization of arrest attached under section 5(1) to an injunction shall—
(a) have effect for a period, not exceeding 24 months, as the court considers appropriate; and
(b) expire upon the expiry of the validity period of the injunction. (Replaced 17 of 2008 s. 8)
(3) Nothing in this Ordinance authorizes a court, on an application by a party to a cohabitation relationship— (Amended 18 of 2009 s. 11)
(a) to grant an injunction containing a provision mentioned in section 3B(1)(c) or (d); or
(b) to attach to an injunction an authorization of arrest under section 5(1),
unless the court is satisfied that having regard to the permanence of the cohabitation relationship it is appropriate in all the circumstances to grant that injunction or attach that authorization of arrest. (Amended 17 of 2008 s. 8)
(Amended 18 of 2009 s. 11)

### Domestic and Cohabitation Relationships Violence Ordinance 《家庭及同居關係暴力條例》

7. Court may extend injunctions and authorizations of arrest
(1) Subject to subsection (4), a court may, on an application—
(a) extend the validity period of an injunction granted under section 3, 3A or 3B that contains a provision mentioned in section 3(1)(c) or (d), 3A(4)(b) or (c) or 3B(1)(c) or (d); or (Amended 18 of 2009 s. 12)
(b) (where an authorization of arrest is attached under section 5(1) to the injunction) extend the validity period of the authorization of arrest,
for such further period as the court considers appropriate.
(2) The court may extend an injunction or an authorization of arrest under subsection (1) only during the validity period of the injunction concerned.
(3) An application under subsection (1) may be made by—
(a) the applicant of the injunction concerned;
(b) (where the applicant of the injunction concerned is a minor) the minor applying by his next friend.
(4) The validity period of an injunction or an authorization of arrest may not be extended under subsection (1) beyond the second anniversary of the date on which the injunction was granted.
(Replaced 17 of 2008 s. 9)