In Singapore, a Personal Protection Order is a legal recourse for individuals who suffer from family or domestic violence. Forms of family violence include physical, mental and emotional abuse, various forms of harassment and threats of violence. It is important to consider when and how to apply for a Personal Protection Order in Singapore. In this article, we delve into key considerations when applying for a Personal Protection Order.

Understanding Eligibility Criteria:

In Singapore, there are two types of protection orders available to individuals who are victims of harassment – the first, a protection order under the Protection from Harassment Act 2014 (“POHA”) and the second, a Personal Protection Order under the Women’s Charter 1961 (“Women’s Charter”). 

The first type of protection order under the POHA applies to victims where their harasser(s) are not related to them in a familial sense, i.e., girlfriend-boyfriend relationships, fiancés etc. 

The second type of protection order under the Women’s Charter applies to victims who are related to the perpetrator of family violence. Section 64 of the Women’s Charter defines a family member as: 

  • A spouse or former spouse of the person;
  • A child of the person which includes an adopted child and a stepchild; 
  • A father or mother of the person; 
  • A father-in-law or mother-in-law of the person; 
  • A brother or sister of the person; or 
  • Any other relative of the person or an incapacitated person who in the opinion of the court should be regarded as a member of the family. 

Further, the term “family violence” is also defined under Section 64 of the Women’s Charter as the commission of any of the following acts:

  • willfully or knowingly placing, or attempting to place, a family member in fear of hurt (which includes bodily pain, disease or infirmity);
  • causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
  • wrongfully confining or restraining a family member against his or her will; or
  • causing continual harassment with intent to cause or knowing that it is likely 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 of age (i.e., disciplining a child). 

Section 65(1) of the Women’s Charter provides that the court may make a protection order to restrain a person (i.e., the perpetrator of family violence or the respondent) from using family violence against a family member (i.e., the applicant of a Personal Protection Order) if it can be proven on a balance of probabilities that: 

  • family violence has been committed or is likely to be committed against a family member; and 
  • that it is necessary for the protection of the family member. 

Documentation and Evidence:

If an individual is considering applying for a Personal Protection Order, there has to be documentation and evidence of the family violence being committed which include but are not limited to: 

  • The latest and past incidents of family violence including the date and time, place, brief details, type of violence and injuries sustained;
  • The nature of your relationship with the perpetrator of the family violence;
  • The details of family members involved in the incidents;
  • The orders that you are applying for, which include an Expedited Order, Personal Protection Order, or Domestic Exclusion Order (DEO); and/or 
  • Police or medical reports to support your application (if applicable).

It is crucial that when an individual is considering applying for a Personal Protection Order, they keep a detailed account of the incidents that transpired. The more detailed and comprehensive the evidence, the stronger and more compelling the case for obtaining a Personal Protection Order will be.

Filing the Application:

With the proper documentation, evidence and forms properly filled, the application process for a Personal Protection Order involves submitting the forms and supporting documents to the Family Justice Courts via the online court system, i.e., iFAMS. It would be prudent to consult or engage a family lawyer to guide you on the application to ensure a smooth process. Also, having a family lawyer will help reduce any administrative mistakes or errors.

Court Procedures and Hearings:

Once the application is filed at the Family Justice Courts, the applicant must meet with a court family specialist or social worker at the Family Justice Court (Family Protection Centre) to get the necessary information with regards to the applicant’s safety and the family specialist or social worker may refer the applicant to support agencies (if necessary). 

After having met with the family specialist or social worker, the applicant will have to go before a duty judge (either in-person or by video conference) where the applicant will confirm the truth of the contents of the application. The duty judge may then ask questions to clarify any information in the application and have the applicant swear or affirm that the contents of the application and the applicant’s answers are true and correct. 

If the application is in order, the judge will accept the application and decide whether to issue a summons (i.e., a court document requiring the respondent to attend a court mention) to the respondent or to dismiss the application. Depending on the severity of the case, the judge may also issue an Expedited Order (EO) if there is an imminent danger of family violence. 

Legal Assistance and Support Services:

Seek legal advice and support from organisations specialising in family violence and family law, such as family lawyers and Family Service Centres or Protection Specialist Centres. They can provide advice and guidance throughout the process, help you understand your rights, and assist in preparing your case for the court hearing.

Compliance and Reporting Violations:

If the Family Justice Courts makes an order for a Personal Protection Order, it is important to review the terms of the order for both the applicant and the respondent. Any violation or breach of the Personal Protection Order should be reported to the police or the relevant authorities immediately. 

Reviewing Legal Options:

In addition to advising on the application for a Personal Protection Order, family lawyers are also able to provide legal advice on the applicant’s rights and obligations as well as other avenues for long-term protection, such as separation or divorce proceedings. It is also important to seek legal advice on potential changes in circumstances and whether the Personal Protection Order requires a variation or revocation. 

Conclusion

In conclusion, applying for a Personal Protection Order in Singapore requires careful planning, documentation, and understanding of legal procedures. By being well-prepared and seeking appropriate advice and support, you can navigate the process effectively and secure the protection you need against harassment or violence by family members. Remember, your safety and well-being are paramount, and seeking assistance is a proactive step towards ensuring your rights are protected under the law.