In Singapore, a Personal Protection Order (PPO) serves as a crucial legal mechanism to protect individuals from harassment, violence, or threats committed by family members. A personal protection order is granted by the Family Justice Courts, and it imposes restrictions on the perpetrator’s (i.e., the person committing the family violence) behaviour towards the protected person.
Understanding the conditions under which a personal protection order can be violated and knowing the appropriate actions to take are essential for ensuring its effectiveness. Here, we discuss what constitutes a violation of a personal protection order and what are the available recourse.
Understanding a Personal Protection Order
A Personal Protection Order is made under Section 65 of the Women’s Charter 1961 (“Women’s Charter”), and it only applies to victims of family violence, and they are related to the perpetrator(s) by way of familial ties such as parent-child, spouses, siblings, etc.
Family violence is legally defined as follows:
- willfully or knowingly placing, or attempting to place, a family member in fear of hurt;
- causing hurt to a family member;
- wrongfully confining or restraining a family member against his or her will; and
- causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member.
In addition to a Personal Protection Order, there are also other types of protection order under Part 7 of the Women’s Charter (relates to the protection of family) including an Expedited Order (EO), Domestic Exclusion Order (DEO) and a Counselling Order (CGO).
Understanding Personal Protection Order Violations
Examples of Violations: Depending on the specific terms of the personal protection order (or other types of orders), the protection order can be violated in several ways, including:
Contact: Initiating or attempting to initiate any form of communication with the protected person.
As defined under the Women’s Charter, one of the forms of family violence could be placing a family member in fear of hurt or harassment, which can be committed via communications such as text messages, email or social media. Terms of the personal protection order may restrict the perpetrator from communicating with the protected person via any form of communication.
Physical Presence: Approaching or being within a specified distance of the protected person’s residence, workplace, or other designated locations.
For example, where a Domestic Exclusion Order is made against the perpetrator, i.e., restricting the perpetrator from entering the residence (shared with the protected person) or part of the residence such as the bedroom of the protected person, but the perpetrator entered the restricted area without reason.
Third-Party Contact: Engaging others to communicate or relay messages to the protected person.
Section 65(4) of the Women’s Charter provides that the court may include a provision that the person against whom the personal protection order is made, may not incite or assist any other person to commit family violence against the protected person.
For example, should the perpetrator attempt to harass the protected person by asking a friend to send messages to the protected person, it likely constitutes a breach of the personal protection order.
Property Damage or Threats: Causing damage to property belonging to the protected person or making threats towards them.
A classic case of domestic violence is where the perpetrator makes threats of harm or even death to a family member or displays violent behaviour by smashing or destroying objects at home. A personal protection order restricts the perpetrator from making such threats or acting in such a dangerous manner.
Legal Consequences: Under Section 65(8) of the Women’s Charter, any person who wilfully contravenes a personal protection order shall be guilty of an offence and shall be liable on conviction –
- To a fine not more than $2,000 or to imprisonment for a term not more than 6 months or to both; and
- 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.
What to Do If a PPO is Violated
- Document the Violation: Always keep detailed records of any incidents where the personal protection order has been breached. Include dates, times, and descriptions of the violation, as well as any supporting evidence such as photographs, videos, text messages, emails and medical report(s), if any. This will help greatly assist authorities in investigating the breach.
- Report to the Police: Immediately report any violations to the police. Provide them with all relevant information and evidence to support your case. As violation of a personal protection order is a criminal offence, by making a police report, the police may investigate the matter and take the appropriate action.
Further, breach of a personal protection order is an arrestable offence, the police may take the perpetrator into custody (without an arrest warrant) first and review the matter – whether to investigate further and whether to charge the perpetrator.
- Magistrate’s Complaint: In the event that the police do not investigate further or do not prosecute the perpetrator for breach of the personal protection order, the protected person may consider filing a Magistrate’s Complaint. Outcomes of a Magistrate’s Complaint include ordering parties to attend criminal mediation, directing the police to further investigate the matter, or issuing a summons to the respondent (i.e., the perpetrator) for private prosecution.
- Seek Legal Advice: Consult with a family lawyer who specialises in family law or criminal law. They can provide guidance on the available legal recourse and legal advice on your rights and the next steps, including the possibility of applying for a variation or enforcement of the existing personal protection order or representation in filing a Magistrate’s Complaint (if the Court issues a summons to the respondent for private prosecution, a lawyer may also represent you in the private prosecution).
- Safety Measures: If you feel threatened or unsafe due to the violation, take steps to protect yourself. This may include seeking alternative accommodation such as staying with a trusted friend or family member. If there are no alternative accommodations, there are MSF-funded crisis shelters available for protected persons. These crisis shelters are temporary shelters while long-term arrangements are being made.
Conclusion
A Personal Protection Order in Singapore is an essential legal recourse for safeguarding individuals from acts of family violence. Understanding the conditions under which a personal protection order can be violated and knowing how to respond effectively are important for ensuring an individual’s personal safety and well-being. By promptly documenting violations, reporting to the authorities, seeking legal advice, and taking necessary safety precautions, individuals can uphold the integrity of the personal protection order and mitigate risks associated with non-compliance.
In Singapore, strict enforcement of personal protection orders reflects the commitment to protecting individuals, especially in a familial context, from harm and preserving their safety and well-being. By taking proactive steps and leveraging the legal resources available, individuals can assert their rights to safety and security in cases of personal protection order violations.
