Non-Molestation Orders

Non-Molestation Orders
May 6, 2022

One of the most recognized celebrities, Kim Kardashian has recently been going through an ugly divorce with Kanye West in Los Angeles, California. Throughout her very public divorce, Kim Kardashian has been publicly harassed by her ex and over a period of time, the harassment has extended to Kanye West publicly harassing Kim Kardashian’s new boyfriend Pete Davidson.  Kanye West claims through his social media forums that he is simply trying to win Kim Kardashian back.  Yet, in one of his released music videos, Kanye West’s character chops off Pete Davidson’s head.

There is much debate in the public forum about whether we should feel sorry for Kim Kardashian who is seen as one of the most privileged celebrities of all time.  Yet what Trevor Noah rightly points out, is that the situation played out in social media between Kim Kardashian, Kanye West and Pete Davidson highlights the harassment that many women face when they try to leave a relationship.  Even Kim Kardashian, one of the most recognized and richest celebrities cannot escape the harassment.

To date, Kim Kardashian has not filed a Restraining Order against Kanye West, although this could be an option for her in the Los Angeles County Courts. In Hong Kong, if you are met with a similar situation, you can consider filing a Non-Molestation Order under the Domestic and Cohabitation Relationships Violence Ordinance.  It is important to note that in Hong Kong, domestic abuse orders are referred to as “non-molestation” orders.

The Domestic and Cohabitation Relationships Violence Ordinance applies if:

  • You are a person who has been molested by your spouse or former spouse
  • You are a person who has been molested by your partner or former partner in a cohabitation relationship, who is of opposite sex
  • You are a person who has been molested by a relative. A relative is defined in the Domestic and Cohabitation Relationships Violence Ordinance and should be clarified to see if the other party fits into the definition of “relative.”

A Non-Molestation Order remedy can be as follows:

  • A provision restraining the other party from molesting (abusing) you
  • A provision restraining the other party from molesting (abusing) a minor
  • Prohibiting the other party from entering or remaining in:
    1. Your residence
    2. A specified part of your residence; or
    3. A specified area whether or not your residence is in that area
  • A provision requiring the other party, where you reside with him/her, to permit you to enter and remain in the common residence or matrimonial home of you and the other party.

If you are granted a Non-Molestation Order you may want to discuss with your solicitor about also asking the Court to grant an order that the other party participate in a program aimed at changing the attitude and behaviour that lead to the injunction.

Importantly, you may also want to discuss with your solicitor about obtaining a variation/suspension of custody/access orders especially in cases where abuse/danger is present.

If you are involved in a situation where you are being abused and/or need to protect a minor in an abusive situation, it is imperative that you keep all documents in support of the abuse including text messages, photos and any other supporting information so you can submit this evidence to the Court in your application for a Non-Molestation Order.

As in the case of Kim Kardashian, domestic abuse does not always equal physical violence, it can involve emotional and psychological abuse which should be detailed to the Court if you are seeking a Non-Molestation Order.  Speak to your solicitor so he/she can assist you in obtaining the protection you may need.

Telephone : (852) 9157 6719