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.
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.
Before delving deeper into the PPO, it’s important to grasp the concept of family violence under the Women’s Charter, which includes acts such as causing fear of harm, inflicting physical harm, wrongful confinement, or continuous harassment with the intent to cause anguish to a family member.
Definition Of Family Violence
The Women’s Charter defines it as follows:
(a) wilfully or knowingly placing, or attempting to place, a family member in fear of hurt;
(b) causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
(c) wrongfully confining or restraining a family member against his will; or
(d) causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member,
Who Qualifies as a Family Member?
(b) a child of the person, including an adopted child and a step-child;
(c) a father or mother of the person;
(d) a father-in-law or mother-in-law of the person;
(e) a brother or sister of the person; or
(f) 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;
- Display of threatening, abusive, or insulting behaviour or communication intending to cause distress.
- Experiencing stalking or sexual harassment.
- Deliberately causing fear of harm.
- Inflicting physical harm.
- Wrongful confinement or restraint against a family member’s will.
- Continuous harassment with the intent to cause fear and anguish to a family member.
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.
What to Do If You're Abused
In the event of abuse or physical harm, you should immediately file a police report and seek medical attention if there is physical evidence of abuse. Medical reports can bolster your PPO application and assist the court in making an informed decision.
You have several options for applying for a PPO:
- iFAMS, which requires a SingPass login.
- Family Protection Centre at Family Justice Courts.
- Family Violence Specialist Centres (FVSC), such as the Centre for Promoting Alternatives to Violence (PAVe), TRANS SAFE Centre, or Care Corner Project START
Other than Personal Protection Order, there are other forms of orders that can be applied for depending on the situation such as:
- Expedited Order (EO): A temporary PPO granted when imminent danger is present, valid for 28 days.
- Domestic Exclusion Order (DEO): Restricts or excludes the respondent from your residence.
According to statistics, the majority of individuals who make an application for such protection orders are female (extracted from Ministry of Social and Family Development)
PPO/ EP/DEO Applications Filed
Based on statistics by Ministry of Social and Family Development, the number of PPOs taken by either male or female is almost comparable.
Essentially, the Courts will look at 2 things. First, was family violence committed. If it wasn’t then the case is dismissed there and then, and there is no need to discuss the whether or not an order is necessary.
However if the Courts finds that there is family violence, the case does not end automatically as the Courts will then have to make a finding as to whether or not an Order is necessary in the circumstances of a case.
Examples where an order may not be necessary may include parties living separately without any further episode of violence, the absence of children and one off minor incidents of violence.
The Court's Evaluation
The court primarily examines two factors:
- Was family violence committed? If not, the case is dismissed immediately, and there’s no need to determine whether an order is necessary.
- If family violence is established, the court assesses whether an order is warranted based on the case’s circumstances.
Orders may not be necessary for scenarios such as parties living separately without further violence, the absence of children, or isolated minor incidents of violence.
How Long Does It Take To Apply For Personal Protection Order?
A PPO may normally take about 3-4 months to be solved from the date you apply for it. An Expedited Order may be given in the interim to protect the Complainant ( the party applying for the PPO).
As you may have noted from the above, family violence does not necessarily need to include a physical act. It is important to know the purpose and rationale of applying for PPOs.
A PPO is not a tool for revenge or leverage; courts do not entertain such motives. To substantiate your case under the Women’s Charter, police and medical reports are valuable, but their necessity varies case by case. The Courts will not entertain such matters and it is likely that if you are unable to prove your case as per the Women’s Charter that your case will be dismissed.
Evidence such as police reports and doctors’ reports are essential but they may not always be absolutely necessary. Once again this goes on a case to case basis.
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Should any of these orders (PPO, EO or DEO) is disobeyed, the complainant should immediately report to the police. The police will then conduct an investigation to determine whether or not to charge the offender for the breach of order.
Any breach of this order is considered as a criminal offence and the offender can be fined of up to $2000 for a first conviction or a prison term of up to six months or both.
For repeated offences, the offender can be fined of up to $5000 or prison term not exceeding 12 months or both. So before you act rashly to breach of any these orders as the penalties are pretty hefty and will have a lasting record for you as well.
Some may wish to also apply for a Domestic Exclusion Order which is essentially an Order to limit someone within the house or exclude him or her from the house entirely. This is not an easy order to obtain and you will need a PPO against someone before applying for a DEO.
Is Engaging a Lawyer Necessary?
It is not compulsory for you to engage a lawyer but it will be advisable because PPO cases (Personal Protection Order) are heard via a trial and it is essential to know how to prepare your questions in order to prove your case.
There will also be cross-examination by both parties if need be.
You will need to know how to apply the law on the facts. It is also helpful to prepare oral or written submissions at the end of the trial to close your case in the best of manner.
Our fees are reasonable and affordable and we provide a free first consultation to first understand your case and thereafter explain to you the fees involved.
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