When faced with threats or acts of domestic violence from a loved one, seeking legal protection becomes paramount for one’s personal safety and well-being. In Singapore, a legal recourse available is to obtain a Personal Protection Order. However, navigating the process of filing for a Personal Protection Order can be daunting, especially when already labouring under emotional and mental distress. In this article, we will explore who victims of family violence can turn to when seeking assistance in applying for a PPO.
Understanding Personal Protection Orders (PPOs)
A Personal Protection Order in Singapore is a legal document issued by the Family Justice Courts to protect an individual from harassment, threats, or acts of violence by a family member. Section 65(1) of the Women’s Charter 1961 (“Women’s Charter”) provides that the court may make a protection order to restrain the perpetrator of family violence (the “Perpetrator”) if the following two requirements are met:
- The complainant proves on a balance of probabilities that family violence has been committed or is likely to be committed; and
- The Personal Protection Order is necessary for the protection of the family member.
Section 65(4) of the Women’s Charter provides that the court may include in the Personal Protection Order that the Perpetrator must not incite or assist any other person to commit family violence against the victim. Further, section 65(5) of the Women’s Charter provides that the Personal Protection Order may also include one or more of the following orders:
- Domestic Exclusion Order: The right of exclusive occupation to the victim of the shared residence of a specified part of the shared residence by excluding the Perpetrator from the shared residence or a specific part of the residence;
- Counselling Order: Referring the family members including the Perpetrator and the victim to attend counselling; and
- Any other orders that would be necessary to ensure the effectiveness of the Personal Protection Order.
Section 66 of the Women’s Charter also provides for an Expedited Order which is a temporary protection order granted immediately upon application of the Personal Protection Order. There must be an imminent danger of family violence being committed against the person applying for the Personal Protection Order.
Who to Contact When Applying for a Personal Protection Order?
Police
In the unfortunate event that there is an imminent danger to life and safety, calling the Police or going to the nearest neighbourhood Police Post or Centre is crucial. The Police are trained to respond to emergencies, document incidents and help de-escalate a tense situation.
Government and Non-Government Organisations
In Singapore, there are several organisations such as a Family Service Centre that may be able to assist you in such situations such as providing the necessary support, resources and guidance to individuals facing family violence. These organisations may direct victims to the appropriate channels to seek assistance in applying for a Personal Protection Order application.
Family Lawyers
Consulting with a family lawyer who specializes in domestic violence cases can provide valuable legal advice and representation when seeking a Personal Protection Order. A family lawyer can help individuals understand their rights, prepare the necessary documentation, and advocate on their behalf during court proceedings. Not to mention provide the necessary support and resources available to assist the victim in this challenging situation.
Legal Aid Organizations
There are non-profit legal aid organisations or legal clinics that may offer free or low-cost legal assistance to individuals of less fortunate backgrounds seeking a Personal Protection Order.
Family Justice Courts
Victims of family violence may also file for a Personal Protection Order in Singapore on their own, they may make the application online or at the Family Protection Centre (FPC) located within the Family Justice Courts.
Brief Steps Involved in Applying for a Personal Protection Order
Application
An application for a Personal Protection Order is made online or in person at the FPC or any Protection Specialist Centres (PSCs), or if you have a family lawyer, your lawyer will make the application on your behalf.
The documents and information necessary for the application are:
- Identity card or passport;
- Latest and past incident(s) of family violence;
- The nature of the relationship between the Perpetrator (the “Respondent”) and the person making the report (the “Applicant”);
- Details of the family member involved in the incident(s);
- The victim’s request (for example, a Personal Protection Order only or with a Domestic Exclusion Order); and
- Police report(s) and/or medical report(s).
Attendance before the Court
After applying for a Personal Protection Order application and the application is accepted, a Summons will be issued which is to be served on the Respondent and a Court date will be given for parties to attend also known as a Mention. A Court Family Specialist may refer parties to support services if necessary.
At the Mention
In the event that the Respondent does not consent to the grant of the Personal Protection Order, the Court will fix a date for a hearing and parties will be directed to prepare the relevant documents which may include police report(s), medical report(s) or any other relevant documents such as photographs, videos, correspondences.
Court Hearing
At the hearing, the applicant begins by presenting his or her case and the evidence, also known as the evidence-in-chief. The Respondent then asks questions relating to the evidence given by the Applicant, also known as cross-examination.
Thereafter, the roles reverse, the Respondent will present his or her case and the Applicant will ask questions relating to the evidence given by the Respondent.
If parties are represented by a lawyer, the respective lawyers will conduct the evidence-in-chief and cross-examination, and ask any further questions after cross-examination, also known as re-examination.
The Judge then makes a decision whether to grant a Personal Protection Order or not based on the requirements in section 65(1) of the Women’s Charter.
Conclusion
Applying for a Personal Protection Order is an important step in ensuring safety and security in cases of family violence. Knowing who to turn to for assistance and understanding the steps involved in the process are essential for individuals seeking legal recourse. By seeking support from family lawyers, law enforcement, relevant organisations and the Court, individuals can navigate the process of obtaining a Personal Protection Order with greater confidence and clarity. If you or someone you know is in immediate danger, do not hesitate to contact the relevant persons for assistance.
