Best Domestic Violence Lawyers in Mong Kok

About Domestic Violence Law in Mong Kok, Hong Kong

Domestic violence is a serious issue that affects individuals and families across all communities, including Mong Kok, a densely populated urban district in Hong Kong. Domestic violence includes a range of abusive behaviors such as physical harm, psychological abuse, threats, intimidation, and even economic control within a domestic relationship. Whether the abuse takes place between spouses, partners, or family members, Hong Kong law provides protection and legal recourse for victims.

Why You May Need a Lawyer

There are many reasons individuals involved in domestic violence cases may need legal assistance in Mong Kok. If you are experiencing abuse or have been accused of it, navigating the complexities of legal processes can be overwhelming. A qualified lawyer can help you:

• Understand your rights and the protections available under Hong Kong law
• Apply for protection orders or injunctions against an abuser
• Represent you during police investigations or court hearings
• Assist in child custody and family law matters related to domestic violence
• Defend yourself if you have been wrongly accused of abuse
• Help access support services and counselling through referrals

Consulting a lawyer is important to ensure your situation is handled safely and in accordance with the law.

Local Laws Overview

In Mong Kok, and across Hong Kong, domestic violence is primarily governed by the Domestic and Cohabitation Relationships Violence Ordinance (Cap 189). This law covers violence between spouses, former spouses, cohabitants, former cohabitants, and certain family members.

Key aspects include:

• Protection Orders - Victims can apply to the District Court or the Magistrates’ Courts for an injunction against the abuser, which may include prohibiting them from entering the victim’s residence or contacting them.
• Power of Arrest - Courts can attach a power of arrest provision to orders, allowing police to arrest abusers if the order is breached.
• Emergency Assistance - Victims can seek help from the police or relevant social services at any time.
• Children and Dependants - The law protects children and other dependants in the home, recognizing the broader impact of domestic violence.

It is essential to recognize that violence is not limited to physical harm but includes psychological and emotional abuse as well.

Frequently Asked Questions

What is considered domestic violence under Hong Kong law?

Domestic violence includes physical, sexual, emotional, verbal, and psychological abuse or threats of harm between family members, spouses, or cohabitants.

Who is protected by the Domestic and Cohabitation Relationships Violence Ordinance?

This law protects spouses, former spouses, cohabitants, former cohabitants, children, and certain family members.

How can I get a protection order in Mong Kok?

You can apply for a protection order at the District Court or Magistrates’ Courts. Legal assistance is recommended to prepare the required documents and present your case.

Can I call the police if I am experiencing domestic violence?

Yes. If you are in immediate danger, call the police who can intervene, ensure your safety, and refer your case for further legal action.

What happens if a protection order is breached?

Breaching a protection order is a criminal offence. The police can arrest the abuser and the court may impose penalties or additional restrictions.

Are same-sex partners covered by domestic violence laws?

The law includes protections for former and current cohabitants, which covers same-sex couples.

Can I get legal aid for a domestic violence case?

Yes. The Legal Aid Department of Hong Kong may assist those who qualify based on their financial circumstances and the merits of the case.

Does domestic violence have to be physical to get legal protection?

No. Psychological and emotional abuse can also be grounds for seeking a protection order.

What should I do if falsely accused of domestic violence?

Seek legal advice immediately to protect your rights and present your side of the story with supporting evidence in court.

Are there support services for children affected by domestic violence?

Yes. There are child protection services and charities in Hong Kong that assist children exposed to domestic violence.

Additional Resources

If you or someone you know is experiencing domestic violence in Mong Kok, the following organizations and government departments can help:

• Hong Kong Police Force - For emergency assistance
• Social Welfare Department Family and Child Protective Services Units
• Legal Aid Department
• The Hong Kong Family Welfare Society
• Harmony House - A specialist domestic violence organization providing shelter and counselling
• Caritas Family Crisis Support Centre

These resources offer counselling, legal advice, shelter, and emergency support for victims of domestic violence and their families.

Next Steps

If you are facing a domestic violence situation in Mong Kok, prioritize your immediate safety and then take the following steps:

• Contact the police if you are in immediate danger
• Reach out to support organizations for guidance and safe shelter, if needed
• Gather evidence, such as photographs, medical reports, and witness statements
• Consult a legal professional familiar with domestic violence law in Hong Kong to understand your options
• Apply for a protection order if necessary
• Consider counselling or support services for you and your family

Legal processes can feel intimidating, but you are not alone. Support and protection are available for anyone experiencing domestic violence in Mong Kok, and taking action is the first step towards safety and resolution.