In Singapore, a Personal Protection Order (“PPO”) serves as a legal recourse for individuals facing harassment or violence within familial or intimate relationships. Issued under the Women’s Charter 1961 (“Women’s Charter”), a PPO aims to safeguard the safety and well-being of victims by imposing restrictions on the perpetrator’s behaviour. However, circumstances may change, leading individuals to wonder whether a PPO can be withdrawn. Let’s delve into the complexities of this issue and explore the factors involved in withdrawing a PPO in Singapore.

Understanding the Personal Protection Order 

A Personal Protection Order is a court order designed to protect victims of harassment, violence, or threats within intimate or familial relationships. It may prohibit the perpetrator from approaching or communicating with the victim, entering specified premises (i.e., a Domestic Exclusion Order), or engaging in certain behaviours that may pose a risk to the victim’s safety. PPOs are typically issued for a specified duration and can be extended or varied based on the circumstances of the case.

Withdrawal of a Personal Protection Order: Legal Considerations

While a PPO is intended to provide protection to victims, the law also recognizes the possibility of reconciliation or changes in circumstances that may warrant reconsideration of the order. Section 67 (1) of the Women’s Charter provides that the court may vary, suspend or revoke a PPO or an expedited order (“EO”) upon the application by the victim or the person against whom such order is made against. 

The withdrawal of a personal protection order involves a legal process and must be approved by the court. However, the decision to withdraw a personal protection order is not solely at the discretion of the victim. Several factors come into play, including:

  • Victim’s Consent and Autonomy

While the victim’s consent to withdraw the PPO is a crucial factor, it is also important to ensure that this decision is made voluntarily and without coercion. Victims may choose to withdraw the PPO for various reasons, including wanting to reconcile or there is a change in circumstances. However, the court will carefully assess the victim’s decision to withdraw to ensure that it is not influenced by pressure or manipulation from the perpetrator.

  • Assessment of Safety and Risk

An important consideration in withdrawing a PPO is the safety and well-being of the victim. The court will conduct a thorough assessment to determine whether withdrawing the order poses any risks to the victim’s safety. This assessment may involve considering factors such as the history of violence or harassment, the perpetrator’s behaviour, and any ongoing threats or risks to the victim’s safety. If there are concerns about continued risk, the court may not grant leave (i.e., permission) to withdraw the PPO to ensure the victim’s protection. 

It is important to note that once the court grants leave to withdraw the PPO, should the victim decide to apply for a new PPO in the future, he or she cannot rely on the same facts and evidence used in support of the earlier PPO application.  

  • Evidence of Change and Rehabilitation

If the victim seeks to withdraw the PPO based on changes in circumstances or that parties wish to reconcile, the court may require evidence of genuine progress and commitment from both parties. This could include evidence of counselling, therapy, or other forms of intervention aimed at addressing underlying issues and preventing future harm. The court will assess the credibility and effectiveness of these efforts before deciding on the withdrawal of the PPO.

Legal Process for Withdrawing a Personal Protection Order

To withdraw a PPO in Singapore, the victim must file an application with the court stating their intention to do so. The court will then schedule a hearing to review the application and consider the relevant factors, including the victim’s safety, the perpetrator’s behaviour, and any evidence of change or progress. The court may also refer both parties to a Court Family Specialist for counselling.

  • Filing an Application

To withdraw a PPO, the victim must file an application with the court stating their intention to do so. The application should state the reasons for seeking a withdrawal of the PPO and any supporting evidence or documentation.

  • Court Hearing

Upon receiving the application, the court will schedule a hearing to review the request for withdrawal. Both parties, including the victim and the perpetrator, may be required to attend the hearing and provide testimony or evidence to support their positions. The court will carefully consider all relevant factors, including the victim’s safety, the perpetrator’s behaviour, and any evidence of change or progress.

  • Judicial Decision

After considering all the evidence and/or arguments presented, the court will make a decision on whether to grant leave to withdraw the PPO. The court’s decision will prioritise the safety and interests of the victim, ensuring that their safety and well-being are adequately protected. If the court determines that withdrawing the PPO poses a risk to the victim’s safety, the court may decline to grant leave to withdraw and maintain the order in place.

Conclusion

Withdrawing a Personal Protection Order in Singapore is a sensitive legal process that involves careful consideration of various factors, including the victim’s safety, well-being, and autonomy. While reconciliation or changes in circumstances may warrant reconsideration of the order, the court’s decision will ultimately prioritise the safety and interests of the victim. Withdrawal of a PPO requires a thorough assessment of the risks and consequences involved, ensuring that victims are adequately protected and supported throughout the process.