How to Make an Application for an Ouster Order Under the Domestic and Cohabitation Relationships Violence Ordinance in Hong Kong

To apply for an ouster order in Hong Kong, a person who has been molested by a spouse, former spouse, cohabitant, former cohabitant or relative applies to the Family Court of the District Court under the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189). The court can exclude the respondent from the home, or from part of it or the area around it, even if the respondent owns or rents the property.

Introduction

An ouster order is a form of injunction available under the Domestic and Cohabitation Relationships Violence Ordinance (Cap. 189) (“DCRVO”). It allows the court to grant an Order to exclude a respondent from a matrimonial home, shared residence, part of a residence, or a specified area surrounding it, regardless of who owns the property. The purpose of the order is to protect individuals and children from harm, harassment, intimidation, threats, or violence arising from domestic or family relationships.

The DCRVO is designed to provide protective relief and does not decide ownership rights to property. An ouster order regulates occupation and access to the residence for protective purposes only.

What Is an Ouster Order?

An ouster order requires the respondent to:

• leave the matrimonial home or shared residence;
• stay away from the residence;
• stay away from a specified part of the residence; and/or
• stay away from a defined area surrounding the residence.

The court may make such an order even where the respondent is the legal owner, co-owner, tenant, or occupier of the property.

Who Can Apply for an Ouster Order?

Applications may be made by a person who has been molested by:

• a spouse or former spouse;
• a cohabitant or former cohabitant;
• a relative; or
• in certain circumstances, on behalf of a child who has been molested.

What Does “Molestation” Mean?

The DCRVO does not limit protection to cases involving physical violence. The Court has interpreted “molestation” broadly and it may include:

• physical assaults;
• threats of violence;
• intimidation;
• harassment;
• stalking-type conduct;
• persistent unwanted communications.

What Will the Court Consider?

When deciding whether to grant an ouster order, the court will consider all the circumstances of the case, including:

• the conduct of the parties;
• the respective housing needs of the parties;
• the financial resources available to each party;
• the needs of any relevant child; and
• the need to secure the protection of the applicant and any affected child.

How Does the Application Process Work?

Step 1: Gather Evidence

The applicant should gather all available evidence, which can include:

• police reports;
• medical records;
• photographs;
• text messages; and
• emails.

Step 2: Prepare Supporting Affidavit/Affirmation

The application is usually supported by an affidavit or affirmation setting out various matters including:

• the relationship between the parties;
• the acts of molestation relied upon;
• the risk posed by the respondent;
• the living arrangements of the parties;
• the information about ownership rights of the residence;
• any impact on children; and
• the reasons why exclusion from the residence is required.

Step 3: File and Serve the Application

Applications are made in the Family Court of the District Court and a hearing date will be fixed. The documents must then be served on the Respondent.

In urgent cases made on an ex-parte basis without notice, service on the other party is not required initially. 

Step 4: Interim Relief

Where urgency exists, the court may make an interim injunction before the final hearing.

In appropriate circumstances, the court may hear an application without prior notice to the respondent.

Step 5: Respondent’s Evidence

The respondent may file evidence challenging the allegations or opposing the relief sought.

Step 6: Final Hearing

The court will consider all evidence and submissions before determining whether the injunction should continue and, if so, on what terms.

What Other Orders Can the Court Make under the DCRVO?

Non-Molestation Orders

The court may prohibit the respondent from molesting, threatening, harassing, intimidating or interfering with the applicant or a child.

Re-Entry Orders

Where an applicant or child has been excluded from the home, the court may permit the applicant or child to re-enter and remain in the residence.

Participation Programme Orders

The court may require a respondent to participate in an approved anti-violence programme where statutory requirements are satisfied.

Custody and Access Orders

The court may vary or suspend existing custody, care, control or access arrangements where necessary to protect a child.

What Is an Authorisation of Arrest?

The court may attach an authorisation of arrest to an injunction where it is satisfied that:

• the respondent has caused actual bodily harm to the applicant or a specified child; or
• the respondent is likely to cause actual bodily harm.

This permits the police to arrest the respondent if there are reasonable grounds to suspect that the injunction has been breached.

How Long Does an Ouster Order Last?

An ouster order is not indefinite. The maximum duration of an ouster order (including any extension) is 24 months.

Common Pitfalls

• Insufficient evidence: Many applicants rely on general allegations without providing dates, details, or supporting documents. Courts generally require specific evidence wherever possible.
• Lack of Full and Frank Disclosure: Applicants must disclose all material facts, including information that may be unfavourable to their case. Some applicants omit relevant background, prior incidents, related court proceedings, communications with the respondent, or matters that may undermine their allegations. Failure to make full and frank disclosure may result in the court refusing the application, discharging any order already made, or making adverse costs orders.
• Delay in filing: Waiting too long reduces urgency. Applicants sometimes delay seeking assistance after incidents of violence or harassment. Delay can make it more difficult to establish urgency and may weaken the overall evidential picture.