In Singapore, the Women’s Charter 1961 (“Women’s Charter”) stands as a pivotal piece of legislation that safeguards the rights of women and children and promotes equality within the family unit. Among its crucial provisions is the protection against family violence, which addresses various forms of abuse that can occur within familial relationships. This article explores the framework provided by the Women’s Charter concerning family violence, highlighting its significance, legal implications, and avenues for support.

Understanding Family Violence

Family violence, as defined under the Women’s Charter, encompasses physical, sexual, emotional, or psychological abuse inflicted by a family member against another. It can occur within marital relationships, parent-child relationships, or between other family members residing in the same household. Such acts of violence undermine the well-being, safety, and dignity of individuals within the family context.

Firstly, who are the people who are protected under the Women’s Charter? Section 65 of the Women’s Charter states that: 

The court may make a protection order restraining the person (perpetrator of family violence) from using family violence against a family member if it is satisfied on a balance of probabilities that family violence has been committed or is likely to be committed against the family member. 

Section 65 of the Women’s Charter defines “family violence” and “family members” as follows: 

  1. Family Violence: the commission of any of the following acts: 
  2. willfully or knowingly placing, or attempting to place, a family member in fear of hurt;
  3. causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
  4. wrongfully confining or restraining a family member against his or her will; and 
  5. causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member. 

Examples of family violence would include but not limited to: 

  1. Physical abuse: To conduct or behave in a way that causes or threatens to cause personal injury or physical pain to a person; to threaten a person with injury or death of the person. Includes wrongful confinement or restriction against a person’s will. 
  2. Sexual abuse: To conduct or behaviour that coerces or attempts to coerce, a person to engage in sexual activity. 
  3. Emotional or psychological abuse: To conduct behaviours that torments, intimidates, harasses or distresses a person; to cause or expected mental harm to a person, including thoughts of suicide or inflicting self-harm.

However, it should be noted that under the definition of family violence, it does not include any force lawfully used in self-defence, or by way of correction (i.e., discipline) towards a child below 21 years of age. 

  1. Family Member: in relation to a person, means: 
  2. a spouse or former spouse of the person;
  3. a child of the person, including an adopted child and a stepchild;
  4. a father or mother of the person;
  5. a father-in-law or mother-in-law of the person;
  6. a brother or sister of the person; or
  7. 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.

Recourse and Solutions

It is undeniable that abuse or violence is a challenging and difficult experience for anyone, particularly, if it happens in a familial context where one should be surrounded by loved ones who are supposed to love and protect. 

Personal Protection Order 

In such unfortunate circumstances, victims of family violence may turn to the Family Justice Courts for assistance. The key function of a personal protection order under Section 65 of the Women’s Charter is to restrain the person against whom the order is made (i.e., the perpetrator) from committing further acts of family violence against the victim. 

However, how is an individual restrained from committing further acts of family violence? Section 65(8) of the Women’s Charter provides the following: 

Any person who wilfully contravenes a protection order or an expedited order or an order made by virtue of subsection (5), except an order made by virtue of subsection (5)(b), shall be guilty of an offence and shall be liable on conviction —

  1. to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; and
  2. in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Social Support Services

Sometimes, even with a personal protection order in force, the situation at home may be less than ideal. Individual may turn to social service providers for assistance such as the Family Service Centres (FSCs) or Protection Specialist Centres (PSCs). 

Family Service Centres can help with financial, parenting, marital, family or personal problems, and the services they provide include: 

  1. Information and Referral: Providing information about social services, and linking individuals and families to appropriate social services and community resources based on the assessed needs
  2. Casework: Providing holistic case management and individual/family counselling
  3. Group Work: Bringing individuals and families with common needs together for purposeful group interactions to address their concerns and bring about positive change
  4. Community Work: Tapping on community resources to help individuals and families support and empower one another.

Protections Specialist Centres can provide social and emotional support for clients experiencing all forms of violence including domestic violence and sexual violence. 

Conclusion

Part 7 of the Women’s Charter in Singapore is dedicated to protecting individuals from family violence. Through its provisions such as Personal Protection Orders and Expedited Orders, the Women’s Charter aims to empower victims, deter perpetrators, and promote family harmony. However, societal awareness and proactive intervention remain essential in combating family violence effectively. By fostering a culture of respect, support, and zero tolerance for abuse, Singapore continues its efforts to create a safer environment for all individuals within the family unit.