Domestic violence, unreasonable behaviour and any actions that can impose harm to the family are not being tolerated under the Singapore Family Law. Through the Women’s Charter, Personal Protection Order in Singapore was established to allow a family member who has been subjected to abuse or other forms of domestic violence to file a legal case. Based on the Women’s Charter, a Personal Protection Order can be filed when family violence is present. Many men and women are given Personal Protection Orders each year and you should be aware that victims are given protection by Singaporean law. If family violence was perpetrated or is likely to be committed against a family member, and a Personal Protection Order is required to ensure the family member’s safety, the court will issue one.
Here are some of the inclusions to family violence:
The first question to be answered is whether the Singapore Court has jurisdiction over the case before divorce proceedings can be started. Either of the parties must have a residence in Singapore (domicile) at the time divorce procedures are filed, or they must have been habitually residing here for at least three years prior to filing for divorce for the Singapore Courts to have jurisdiction to hear the case.
Putting any of the family members in fear of getting hurt, whether through threats or actual display of violence
Physical, emotional or psychological abuse
Illegally detaining a family member or preventing them to communicate with other people
Continual harassment of any family members
You may experience such family violence knowingly or even unknowingly. After reading this, if you have been subjected to this type of violence from a member of your family, you can file a Personal Protection Order to have the court legally intervene in the family matters. A Personal Protection Order in Singapore is given by the court only if the court is satisfied that such an order is required to prevent further harm to the victim/s. As a result, you will be protected by the law from harassment and violence that no one should ever experience.
If the perpetrator breaches the Personal Protection order and the victim is harmed, a police report must be made. The perpetrator may be arrested and charged for the offence.
What are the types of PPO?
There are three types of personal protection orders that a family member can file in court towards another family member. They are as follows:
Protection Order
– This is the general personal protection order that aims to stop the accused from inflicting harm to the victim. It must be filed before the other two types.
Expedited Order
– An urgent but temporary restraining order given by the court to put a stop to family violence. It expires after 28 days.
Domestic Exclusion Order
– This is a personal protection order to stop the accused from entering the house of the victim in accordance with the personal protection policies.
What Should I Do If I’m Abused?
Family conflicts and disagreements, which occur in marriage and family life, are not considered to be a form of family violence. Based on Singapore Family Law, any violent, coercive, or dominating behaviour within the family is considered family violence. Physical injury, long-term emotional and psychological abuse and sexual assault are all examples of family violence. Family violence also includes failing to provide for the basic requirements of aged or vulnerable family members, such as food and clothing, or denying them access to essential medical treatment. Should you be experiencing these conditions or you have a friend or a relative that experiences one, applying for a Personal Protection Order in Singapore is necessary. You may talk to our family lawyers here at Aspect Law Chambers should you feel the need for a Personal Protection Order and we can help you apply for it in the court.
How To Apply for a Personal Protection Order in Singapore?
The primary reason to file for a Personal Protection Order is to protect your safety. If you are in fear of harm from another person, a Personal Protection Order can provide a legal barrier to prevent the person from coming near you or contacting you.
The person who is filing for the PPO application is the applicant, also known as the complainant. You are the respondent if you have a PPO application made against you.
Before filing, it’s important to understand personal protection orders by finding out the types of orders the court can make to protect a family member from family violence and the repercussions of violating these personal protection orders.
Here’s a simple guide on how to apply for a personal protection order in Singapore:
File a personal protection order application
The PPO application can be filed in person at any Protection Specialist Centres or Family Protection Centre located in the Family Justice Courts. You may also submit a draft application and the documents online before your visit to the relevant centres.
Attend court mentions
When the summons are accepted by the respondent after the application is made, both the applicant and the respondent must attend a court mention. The event in the court mention will determine how the application will proceed further.
At the court mention, if the respondent does not consent to the application, the court may refer the respondent and the applicant:
To attend counselling or family conferences
Or provide directions for parties to proceed for a hearing at a later date
File an appeal, if required
After an order is made at the end of the hearing, an appeal to the Family Division of the High Court can be done.
It is crucial to file for a Personal Protection Order if you are experiencing harassment, stalking, threats, or any form of abuse from someone else. A PPO is a legal document, and violating the terms of a PPO can result in criminal charges.