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In my
applications and determining whether instant assistance should be provided according to the urgency of each case. opinion, the Legal Aid Department should draw up a set of specific guidelines, so that officers responsible could clearly Second, the Bill also proposes judge the urgency of each case.
that a judge/magistrate could attach the power of arrest to an injunction order if he is satisfied that the opposite party in a case has caused bodily harm to the applicant or the applicant's child, so that the Police would be authorized to arrest the opposite party if he/she continues to use violence.
But to ensure that The spirit of this proposal is affirmative.
a warrant of arrest could be issued as soon as possible and to prevent the applicant from further suffering any bodily harm, the relevant procedures must be simplified for an applicant required to prove the bodily harm he/she has suffered.
I
I am concerned about two aspects of the Bill in
First, it is suggested that a relation to its effectiveness. judge can issue three types of injunction orders to the other spouse in accordance with the victim's application, so that different ways of protecting the latter could be provided. think these 3 types of court orders must carry a sufficient degree of legal sanction so as to produce the necessary restraining power to deter the recipient of such orders from contravening their requirements and to prevent the recurrence of domestic violence. Second, although an injunction order might be a means to prevent cases of domestic violence from getting worse, such cases are not isolated incidents by themselves. Very often, there are many family clashes and
It is also reflected in conflicts hidden behind such cases.
many cases that unless incidents of domestic violence are handled properly, they can easily recur.
Therefore, in order
to help, effectively and thoroughly, both parties of a case to face their problem and re-establish their relations, I think it
Their is not enough to rely on an injunction order alone. problems should be thoroughly solved with the assistance of