In Singapore, family violence is a serious concern that may affect individuals across various demographics. To address this issue and protect victims from further harm, the legal system provides several types of legal mechanism or recourse. While the Personal Protection Order (PPO) is widely recognised, there are other forms of protection orders designed to safeguard victims and prevent further acts of violence within familial and intimate relationships.
Understanding these orders is important for both victims and advocates seeking legal recourse and protection. In most instances of family violence, individuals would apply for a Personal Protection Order under Section 65 of the Women’s Charter 1961 (“Women’s Charter”) which states as follows:
The court may make a protection order restraining the perpetrator from using family violence against the applicant of the Personal Protection Order if the court is satisfied on a balance of probabilities that:
- family violence has been committed or is likely to be committed against the family member; and
- that it is necessary for the protection of that family member.
Expedited Order
In addition to a Personal Protection Order under the Women’s Charter, Section 66 of the Women’s Charter provides for an Expedited Order. An Expedited Order is a temporary protection order that can be issued swiftly in urgent situations where there is a risk of imminent harm or violence. It is intended to provide immediate relief to victims of family violence before a full hearing for a PPO can take place.
An Expedited Order is similar to a Personal Protection Order in its function, i.e., to restrain the perpetrator from using or committing any acts of family violence. The difference between the two protection orders is that an Expedited Order is granted as long as the court is satisfied that there is a real risk of family violence being committed against the applicant as opposed to a Personal Protection Order, where the applicant must proof on a balance of probabilities that family violence has been committed or is likely to be committed.
Section 66 of the Women’s Charter provides that upon an application for a Personal Protection Order under Section 65 of the Women’s Charter, if 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:
- The summons has not been served on the respondent (i.e., the perpetrator) or has not been served on the respondent within a reasonable time before the hearing of the application; or
- The summons requires the respondent to appear at some time or place.
While an Expedited Order is granted on an urgent basis, it is only temporary as it is only valid for a period of 28 days from the date of the order being made or until the date of the commencement of the hearing of the application for a Personal Protection Order.
Domestic Exclusion Order (DEO)
A Domestic Exclusion provides safety to victims of family violence by excluding the respondent from the shared residence, either in its entirety or from parts of the residence. This order allows the victim to remain in the home while the respondent is required to vacate the premises or restricted from entering certain parts of the home.
Section 65(5)(a) of the Women’s Charter states that where the court is satisfied on a balance of probabilities that it is necessary for the protection or personal safety of the applicant, the court may grant 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 from the shared residence or a specific part of it.
A Domestic Exclusion Order may be granted regardless of whether the perpetrator is the sole owner of the residence or leased by him/her, or a joint owner of the residence or leased together by the parties.
Counselling
Order (CGO)
In some cases, the court may order parties, both the victim as well as the perpetrator to attend counselling. The purpose of a Counselling Order is to address underlying issues contributing to the violence, promote reconciliation if appropriate, and prevent future incidents through therapeutic intervention.
Section 65(5)(b) of Women’s Charter states that where the court is satisfied on a balance of probabilities that it is necessary for the protection or personal safety of the applicant, the court may refer the perpetrator or the protected person, or both, or their children to attend counselling provided by the appropriate family support agency.
After about six to nine months from the date the Counselling Order is made, the court will fix a counselling review date so that the court may assess the status of the counselling and the court may decide to discharge or continue with the order.
Protection Order under the Protection from Harassment Act 2014 (“POHA”)
In instances that fall outside the definition of “family member”, i.e., there is a lack of familial relationship, the protection orders under the Women’s Charter are not applicable. In such cases, the only recourse to acts of violence committed within an intimate relationship (but not a familial relationship), such as between a boyfriend and girlfriend or fiancés, is a protection order under POHA.
Section 12 of the POHA provides that a victim of an alleged contravention of sections 3, 4, 5, 6 or 7 of the POHA may make an application to a court for a protection order. The common offence provisions are as follows:
- Intentionally causing harassment, alarm or distress under Section 3: Where an individual intentionally causes harassment, alarm or distress to another person by any means of the following:
- Threatening, abusive or insulting words or behaviour;
- Make any threatening, abusive or insulting communication; or
- publish any identity information of the victim or a related person of the victim.
- Harassment, Alarm or Distress under Section 4: Where an individual uses any threatening, abusive or insulting words or behaviour, or make any threatening, abusive or insulting communication, which is heard, seen or otherwise perceived by the victim and is likely to cause harassment, alarm or distress.
- Fear, Provocation or Facilitation of Violence under Section 5: Where an individual use towards the victim any threatening, abusive or insulting words or behaviour, or make any threatening, abusive or insulting communication to another person either:
- With the intention of causing the victim to believe that unlawful violence will be used against the victim or any other person; or
- To provoke the use of unlawful violence by the victim or another person against any other person; or
- Whereby the victim is likely to believe that such violence will be used or provoked.
- Unlawful Stalking under Section 7: Where an individual unlawfully stalks another person. It is considered to be unlawful stalking if the perpetrator engages in a course of conduct which:
- Involves acts or omission associated with stalking;
- Causes harassment, alarm or distress to the victim; and
- The perpetrator intends to cause, knows or ought reasonably to know is likely to cause harassment, alarm or distress to the victim.
While the contravention of Sections 3, 4, 5, 6 and 7 of the POHA is in and of itself a criminal offence, victims with a Protection Order under Section 12 of the POHA may make police report should the perpetrator commit any offence under the said provisions. The aim of a Protection Order under POHA is to prevent further acts of harassments by the perpetrator. In the event that the perpetrator breaches the Protection Order, the police may make an arrest without a warrant.
Conclusion
The various types of protection orders in Singapore related to family violence play a crucial role in safeguarding victims, preventing further harm, and addressing the complex dynamics of domestic abuse.
Each type of order serves specific purposes, from immediate relief through an Expedited Order, or tailored interventions such as a Domestic Exclusion Orders and Mandatory Counselling Orders. Understanding these protection orders is essential for victims, legal professionals, and advocates to ensure effective support and protection within the legal framework. By providing avenues for legal recourse and safety planning, Singapore’s protection orders strive to create a safer environment for individuals affected by family violence, emphasising the importance of timely intervention and comprehensive support.