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A Restraining Order is a court-issued directive that legally stops someone from doing specific actions, like contacting another person or going to certain places. In Hong Kong, these orders commonly protect victims of domestic violence, harassment, or stalking under the Domestic and Cohabitation Relationships Violence Ordinance.

Once granted by the court, the order sets clear boundaries about what the restrained person can and cannot do. Breaking these rules can lead to arrest and criminal charges. People seeking protection can apply through the District Court or Family Court, and in urgent cases, the court may issue an immediate temporary order without notifying the other party first.

Consider seeking a Restraining Order when you face immediate threats to your safety or wellbeing in Hong Kong. Common situations include experiencing domestic violence, stalking, harassment at work or home, or repeated intimidation that makes you fear for your safety. The order becomes crucial when normal requests to stop the behavior have failed.

The Family Court handles cases involving domestic relationships, while the District Court manages other situations. Getting legal help quickly is essential if the person has threatened violence, shown up at your workplace uninvited, made concerning threats, or repeatedly contacted you against your wishes. Emergency orders can be granted within hours when there's clear danger.

• Non-Molestation Orders: Block harassment, threats, or violence from a family member or domestic partner. These protect you at home, work, and other locations.
• Exclusion Orders: Keep someone from entering specific places like your home, workplace, or children's school.
• Anti-Stalking Orders: Stop unwanted following, surveillance, or repeated contact through any means, including social media and digital communications.
• Workplace Protection Orders: Safeguard employees from harassment or threats by specific individuals at work locations.
• Interim Orders: Provide immediate temporary protection while waiting for a full hearing, typically lasting 14-28 days.

• Protected Persons: Individuals seeking protection from harassment, violence, or threats - including domestic partners, employees, or stalking victims.
• Legal Representatives: Lawyers who help draft and file Restraining Orders, advise clients, and present cases in court.
• Court Officials: Judges who review and grant orders, plus court staff who process applications and maintain records.
• Law Enforcement: Police officers who enforce the order's terms and respond to violations.
• Restricted Parties: People bound by the order's conditions, who must comply with specific restrictions or face penalties.

• Personal Details: Gather full names, addresses, and contact information for all parties involved, plus clear photos for identification.
• Incident Documentation: Collect evidence like police reports, medical records, threatening messages, witness statements, or security footage.
• Protection Scope: List specific locations needing protection (home, workplace, school) and exact behaviors to be prohibited.
• Risk Assessment: Document any history of violence, access to weapons, or previous order violations.
• Support Network: Identify emergency contacts, local police stations, and domestic violence services for your safety plan.

• Party Information: Full legal names, addresses, and identification details of protected and restricted persons.
• Prohibited Actions: Clear, specific descriptions of banned behaviors and minimum distance requirements.
• Protected Locations: Exact addresses and boundaries where the order applies, including work and residence.
• Duration Terms: Start date, expiry date, and conditions for renewal or modification.
• Enforcement Clause: Consequences of violation and authority granted to law enforcement.
• Service Details: How and when the order must be served to the restricted party.

A Restraining Order differs significantly from a Cease and Desist Order in several key aspects, though both aim to stop unwanted behavior. Understanding these differences helps you choose the right legal tool for your situation.

• Legal Authority: Restraining Orders are court-issued directives with immediate police enforcement power, while Cease and Desist Orders are formal warnings that may lead to legal action later.
• Protection Scope: Restraining Orders typically protect personal safety and set physical distance requirements, whereas Cease and Desist Orders focus on stopping specific actions like intellectual property infringement or business interference.
• Implementation Speed: Restraining Orders can be granted immediately in emergencies, but Cease and Desist Orders usually serve as a first step before court involvement.
• Violation Consequences: Breaking a Restraining Order leads to immediate arrest, while violating a Cease and Desist Order typically results in civil litigation.