“It’s okay to be not okay” - Coercive Control and Domestic Violence
When you hear “domestic abuse” what springs to your mind? You are not alone if you instantly envision bruises, wounds, and attempts to cover them up with clothing and makeup to hide them from the world. But there are other forms of domestic abuse which do not leave behind any physical mark, yet are equally, if not more, damaging. They may be in the form of psychological, emotional, or financial abuse, which can be much harder to identify, let alone prove.
Indeed, domestic violence comes in many forms and the perpetrator can be a range of people closest to the victim, to include a current or former spouse, current or former cohabitee, a whole host of relatives such as parents, grandparents, step-parents, step-grandparents, parents-in-law, children or grandchildren, step-children and step-grandchildren, children in law, siblings, siblings in law, step-siblings, uncles, aunts, cousins, nieces, nephews, or their spouses. Because the abuse happens behind closed doors and in intimate settings, it is usually hidden from the outside world unless the victim musters the courage to speak up.
Intimate Partner Violence
In Hong Kong, domestic violence is not defined in our legislation. However, a useful framework can be drawn from the Social Welfare Department’s procedural guide for handling intimate partner violence cases. It defines intimate partner violence as abuse between two partners, involving a “batterer” and a “victim”. The batterer is “a person who exercises a pattern of coercive control in a partner relationship, punctuated by one or more acts of intimidating physical violence, sexual assault, or credible threat of physical violence. The pattern of control and intimidation may be predominantly psychological, economic, or sexual in nature, or may rely primarily on the use of physical violence.”
Psychological abuse is arguably more insidious than others, with recurrent coercive acts to include repeated verbal attacks, verbal harassment, deprivation of basic necessities, intimidation, verbal threats, threatening physical harm to self or others, forcing isolation, and acts of domination. One common example is repeated invalidation and/or manipulation by “gas-lighting”, which is a form of psychological manipulation of a person causing the victim to question the validity of their own thoughts, perception of reality or memories, leading to confusion, loss of confident and self-esteem and uncertainty of one’s emotional or mental stability, and dependency on the perpetrator.
The emotional harm, or threat of harm, resulting from such acts can damage the victim’s psychological well-being, lower self-esteem, cause shame, anxiety, terror and/or fear, lead to hopelessness and depression, and can even lead to mental health problems. This type of abuse is considered a form of “molestation” under the Domestic and Cohabitation Relationships Violence Ordinance Cap 189 (“DCRVO”). While no exhaustive definition of molestation has been provided by legislation or case law, the Hong Kong Court has held that:-
· "…… molestation may take place without the threat or use of physical violence and still be serious and inimical to mental and physical health"
· "It applies to any conduct which can properly be regarded as such a degree of harassment as to call for the intervention of the court".
In Hong Kong "scolding" has been found to be sufficient to grant injunctive relief from the Court. However, there usually has to be a form of intent, that is intent to cause distress or harm.
If you are experiencing any of the abuse identified above, what can you do?
If you are suffering from such harm or abuse, you should seek help as soon as possible. This could be from the Social Welfare Department, refuge centre or shelters, the police or from the Court (both on a civil and/or criminal basis). Prompt legal protection may be available to you as the Family Court can order injunctive relief to include:-
(i) a Non-molestation Order – This restrains the perpetrator, including third-parties such as agents or servants of the perpetrator. from molesting the applicant or a specified minor.
(ii) an Ouster Order – This is an injunction restraining the perpetrator from entering or remaining in: (a) the residence of the victim/specified minor; (b) a part of the residence of the victim/specified minor; and/or (c) a specified area. It may include a range of places to include: the matrimonial home/common residence of the parties; and the victim/specified minor’s places of work, study and recreation, or generally within a certain radius of the victim.
(iii) a Re-entry Order – This is an injunction requiring the perpetrator to permit the victim/specified minor to enter and remain in the matrimonial home/common residence (or a part thereof). The victim/specified minor must have been residing with the perpetrator.
(iv) an Authorisation of arrest – This may be attached to an injunction if: (a) the Court is satisfied that the perpetrator caused actual bodily harm to the person protected by the order or (b) the Court reasonably believes that the perpetrator will likely cause actual bodily harm to the person protected by the order. It enables the police to arrest the perpetrator respondent and bring him/her before the Court, providing the Court with a means of offering victims immediate protection from domestic violence. This can have effect for a period up to 24 months, as the Court considers appropriate.
(v) a Variation or suspension of any custody/access orders where children are involved; and/or
(vi) the attendance by the perpetrator of anti-batterers programme.
The above, list of possible protective orders are separate from any criminal prosecution when maybe brought on by the police.
For further information, please contact the team at CRB at info@crb.com.hk
Co-written by Winnie Chow and Murjana Marafa
Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with above.
