Applying For Personal Protection Order In Singapore
Domestic violence in Singapore is a familiar subject that we hear far too often. Individuals searching legal websites for information are often in desperate need of assistance to find a solution for themselves and their loved ones.
It is only natural for you to want to protect something that you love. What more if they are your children, your flesh and blood. It will not matter if the procedure is tedious or time consuming, you will want to give only your utmost best to your children.
Unfortunately, in our line of work, we do see applications for a Personal Protection Order being filed on a regular basis.
Should you feel that there is abuse or sense any kind of danger coming from your partner or any family member, you might want to consider applying for Personal Protection Order. So, what is Personal Protection Order or known as PPO?
What Is Personal Protection Order?
A Personal Protection Order is a legal directive from the court aimed at halting threats or violence directed toward an individual. Its primary purpose is to provide protection from someone perceived as a threat or a source of violence, either to you or to your children under 21 years of age.
Who can apply for a Personal Protection Order?
If your safety, or that of your children, is in jeopardy, a PPO can be a crucial lifeline. If you are in an abusive relationship or toxic relationship, you might want to consider applying for a PPO.
This includes not only direct victims but also those who may reasonably fear becoming victims of family violence within the household.
Specifically, the following persons may apply for a protection order:
(i) one who is at least 18 years old may apply for a protection order on his or her own behalf, or for another person;
(ii) one who is or was previously married may apply for a protection order on behalf of any family member even if the person is below 18 years of age;
(iii) one who suffers from a physical disability, ill health or old age may apply for a protection order on his or her own behalf unless he or she suffers from a lack of mental capacity;
(iv) protectors may apply for a protection order on behalf of any person;
What is Considered Family Violence?
The perpetrator commits “family violence” against the victim if —
(a) the perpetrator is a family member of the victim
(b) t he victim commits physical, sexual, or emotional or psychological abuse against the victim
Physical abuse – includes conduct that causes, or threatens to cause, personal injury or physical pain to a person; or threatens a person with the death or injury of the person. It also includes wrongfully confining or restraining a person against the person’s will.
Sexual abuse – includes conduct or behaviour that coerces, or attempts to coerce, a person to engage in sexual activity.
Emotional or psychological abuse – includes conduct that torments, intimidates, harasses or distresses a person; or causes mental harm to a person, including thoughts of suicide or inflicting self-harm.
Abuse may take the form of a single instance of conduct or a course of conduct or behaviour.
The conduct constituting abuse need not be directed at the family member, but must be capable of being seen, heard or otherwise perceived (directly or indirectly) by the family member.
Who is Considered a Family Member?
(a) is the spouse or former spouse;
(b) is a child (including an adopted child or stepchild);
(c) is the father or mother;
(d) is the father-in-law or mother-in-law;
(e) is a brother or sister;
(f) is a relative (including a relative through marriage or adoption); and should in the circumstances be regarded as a member of the family; or
(g) is wholly or partially incapacitated or infirm because of physical or mental disability or ill health or old age; and should in the circumstances be regarded as a member of the family
If you are not recognised as a family member then you may be able to avail yourself of the Protection from Harassment Act (POHA).
It’s worth noting that PPOs are not exclusively sought to protect women from their husbands; husbands and other family members can also apply for PPOs if they face threats or violence.
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Types of Protection Orders Available
The court may make a protection order to restrain the perpetrator from committing family violence if the perpetrator has committed or is likely to commit family violence.
A protection order may also require the perpetrator not to incite or assist any other person to commit family violence.
If the court makes a protection order, it may also make a domestic exclusion order, a stay away order and a no contact order.
Knowingly contravening any of these orders is also a family violence offence.
The court may make one or more of the following orders for the protection of the victim:
- a domestic exclusion order excluding the perpetrator from victim’s home and granting the victim the right of exclusive occupation in relation to the perpetrator’s home;
- a stay away order prohibiting the perpetrator from entering and remaining in an area outside the victim’s home or any other place frequented by the victim;
- a no contact order prohibiting the perpetrator from visiting or communicating with the victim
The court may make an electronic monitoring order requiring the perpetrator to comply with an electronic monitoring arrangement for the protection of the victim.
Knowingly contravening an electronic monitoring order is a family violence offence.
Court may make a removal order to remove the victim from the home or any other place.
Court may may make a counselling order:
- requiring the perpetrator to attend counselling
- direct the victim and the children of the perpetrator or victim,
- or any of them, to attend counselling or other programmes
Contravening a counselling order without reasonable excuse is an offence.
The court may make a mandatory treatment requiring the perpetrator to undergo psychiatric treatment. The order may be made if a formal assessment report by an appointed psychiatrist certifies that the perpetrator is suffering from a psychiatric condition.
Contravening a mandatory treatment order without reasonable excuse is an offence.
The court may make an expedited order to restrain the perpetrator from committing family violence if there is a danger of the perpetrator committing family violence while the protection order application is pending.
If the court makes an expedited order, it may also make a domestic exclusion order, a stay away order and a no contact order.
Knowingly contravening any of these orders is also a family violence offence.
An emergency order may be made to restrain the perpetrator from committing family violence if there is a danger of family violence in the next 14 days.
An emergency order may also include a domestic exclusion order, a stay away order and a no contact order.
Family violence is an arrestable offence.
Any breach of this order is considered as a criminal offence and the offender can be fined of up to $10,000.00 for a first conviction or a prison term of up to 12 months or both.
For repeated offences, the offender can be fined up to $10,000.00 or prison term not exceeding 18 months or both. So, before you act rashly to breach any of these orders as the penalties are pretty hefty and will have a lasting record for you as well.
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