Exploring the Range of Protection Orders Available in a PPO Application

Introduction

In Singapore, individuals facing threats or violence in a familial relationship can seek legal protection through the Courts in the form of a Personal Protection Order. These orders are vital in safeguarding victims and providing them with legal recourse against harassment, abuse, or violence. The protection orders serve to establish boundaries and ensure the safety and well-being of the applicant. This article delves into the various types of court orders available in a personal protection order application in Singapore.

Understanding Personal Protection Orders

A personal protection order is a legal recourse against family violence available under section 65 of the Women’s Charter 1961 (“Women’s Charter”) and an application is made to the Family Justice Courts. The following people may make an application for protection against family violence by the following persons:

1. By the family member concerned (the “Victim”), if that family member is not below 21 years old and is not an incapacitated person;

1. By a guardian or relative or person responsible for the care of the family member concerned, if that family member is below 21 years old or is an incapacitated person; and

1. By an individual below 21 years old who is married or has been previously married, if the family member concerned is –

• the individual;

• the individual’s child below 21 years old; or

• a relative below 21 years old whom the individual is responsible for the care of.

A family member includes the following persons under section 64 of the Women’s Charter:

1. A spouse or former spouse of the person;

1. A child of the person, including an adopted child and a stepchild;

1. A father or mother of the person;

1. A father-in-law or mother-in-law of the person;

1. A brother or sister of the person; or

1. Any other relative of the person or an incapacitated person who in the opinion of the court should, in the circumstances, in either case, be regarded as a member of the family of the person.

Family violence is defined under section 64 of the Women’s Charter as any of the following acts:

1. Wilfully or knowingly placing, or attempting to place, a family member in fear of hurt;

1. Causing hurt to a family member by an act which is known or ought to have been known would result in hurt;

1. Wrongfully confining or restraining a family member against his or her will; or

1. Causing continual harassment with intent to cause or knowing that it is like to cause anguish to a family member,

However, family violence does not include any force lawfully used in self-defence, or by way of correction towards a child below 21 years old.

Range of Protection Orders Available

When applying for a PPO in Singapore, individuals can request different types of protection orders tailored to their specific circumstances. These protection orders include:

Personal Protection Order (PPO)

Generally, a personal protection order is the most common protection order given to Victims of family violence. Section 65(1) of the Women’s Charter provides that the court may make a protection order restraining the person against whom the order is made from using family violence against the family member, upon satisfaction on a balance of probabilities that –

1. family violence has been committed or is likely to be committed against a family member; and

1. that it is necessary for the protection of the family member.

Expedited Order (EO)

An interim protection order is a temporary measure granted by the court before the final determination of the PPO application. It provides immediate protection to the applicant while the court assesses the merits of the case.

Section 66(1) of the Women’s Charter provides that upon application of a personal protection order, the court is satisfied that there is imminent danger of family violence being committed against the applicant, the court may make an expedited order even though –

1. the summons (i.e., the application for a personal protection order) has not been served on the respondent (i.e., the perpetrator of family violence) or has not been served on the respondent within reasonable time before the hearing of the application; or

1. the summons requires the respondent to appear at some time or place.

Further, under section 66(2)(a) of the Women’s Charter, the expedited order lasts only 28 days from the date the order is made or on the date of commencement of the hearing of the application for a personal protection order. However, the court may extend the duration of the expedited order if necessary.

Domestic Exclusion Order (DEO)

A domestic exclusion order restricts/prevents access of the perpetrator of family violence into the family home, either from the entire house or certain parts of it. Section 66(5) provides that where the court is satisfied on a balance of probabilities that it is necessary for the protection or personal safety of the applicant, provide for such orders as the court thinks fit having considered the circumstances of the case, including an expedited order.

Section 66(5)(a) of the Women’s Charter provides the granting of the right of exclusive occupation to any protected person of the shared residence or a specified part of the shared residence by excluding the perpetrator of family violence from the shared residence or specific part of it. This is regardless of the ownership of the residence.

Counselling Order (CGO)

In addition to the above mentioned protection orders, section 66(5)(b) of the Women’s Charter provides that the court may make an order referring the perpetrator of family violence or the Victims, or both, or their children (if any) to attend counselling conducted at an agency assigned by Ministry of Social and Family Development.

6 to 9 months after the counselling order is made, the court will arrange for a review of the counselling order to assess the progress of the parties based on the report prepared by the counselling agency.

Thereafter, the court will decide whether the parties should continue with counselling and if the court finds that the parties no longer need counselling, the court will discharge the parties’ obligation to attend counselling. However, if the court finds that counselling should continue, the parties must continue to attend counselling.

Consequence of Contravening a Personal Protection Order in Singapore 

Section 65(8) of the Women’s Charter provides that it is an offence for any person who wilfully contravenes a protection order, an expedited order, or any other order, and shall be liable on conviction –

1. to a fine not more than $2,000 or to imprisonment for a term not more than 6 months or to both; and

1. in the case of a second or subsequent conviction, to a fine not more than $5,000 or to imprisonment for a term not more than 12 months or to both.

Conclusion

Personal protection orders in Singapore are important and useful tools for individuals suffering from family violence to ensure their safety and well-being. The range of protection orders provides legal remedies that are appropriate to the specific needs and circumstances of each case. By seeking and obtaining a personal protection order in Singapore, individuals can take proactive steps towards breaking free from abusive situations and rebuilding their lives in a safe and supportive environment.