Family Act Article 85
This English translation was last updated on 2012-01-11, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.
With regard to a family non-litigation matter that has already been admitted, except as otherwise provided in the statutory law and prior to the time at which the substantive ruling becomes final and binding, the court, when necessary, may, either upon motion by the parties or on its own initiative, order an appropriate injunction. Notwithstanding the forgoing, with regard to a matter that is subject to the disposition of an interested party, such an injunction may not be ordered unless a motion to that effect is filed by the said interested party.In filing a motion in accordance with the preceding paragraph, an interested party shall indicate the following: the substantive claims, the subject-matters to be covered by the injunction, and the grounds for ordering the injunction, as well as clarifying the grounds for indicating the injunction to the extent that the matters concerned are subject to the disposition of the said party.By the injunction ordered in accordance with Paragraph 1 of this Article, the court may order the interested parties to perform a specific act, prohibit the interested parties from performing a specific act, state the status quo to be provisionally maintained, or order other appropriate handling.No provision of security shall be required by the order indicating an injunction made in accordance with Paragraph 1 of this Article. The forgoing shall be without prejudice to the application of other provisions in the statutory law, or where the court deems an injunction necessary.Detailed regulations governing the categories of circumstances that may be covered by an injunction, as well as the methods of ordering an injunction shall be prescribed by the Judicial Yuan.
中文原文 家事事件法第85條
法院就已受理之家事非訟事件,除法律別有規定外,於本案裁定確定前,認有必要時,得依聲請或依職權命為適當之暫時處分。
但關係人得處分之事項,非依其聲請,不得為之。
關係人為前項聲請時,應表明本案請求、應受暫時處分之事項及其事由,並就得處分之事項釋明暫時處分之事由。
第一項暫時處分,得命令或禁止關係人為一定行為、定暫時狀態或為其他適當之處置。
第一項暫時處分之裁定,免供擔保。
但法律別有規定或法院認有必要者,不在此限。
關於得命暫時處分之類型及其方法,其辦法由司法院定之。
但關係人得處分之事項,非依其聲請,不得為之。
關係人為前項聲請時,應表明本案請求、應受暫時處分之事項及其事由,並就得處分之事項釋明暫時處分之事由。
第一項暫時處分,得命令或禁止關係人為一定行為、定暫時狀態或為其他適當之處置。
第一項暫時處分之裁定,免供擔保。
但法律別有規定或法院認有必要者,不在此限。
關於得命暫時處分之類型及其方法,其辦法由司法院定之。