In a 2021 Straits Times article, the Singapore Police Force revealed over 5,000 reports of family violence made in 2020. According to the Minister of State for Home Affairs, Muhammad Faishal Ibrahim, it is believed that seeking help can be difficult as “people have been shy to talk about it”. However, the damaging effects of family violence are life-long, and a personal protection order in Singapore can provide a form of relief as it helps protect you and your loved ones from danger.
In Singapore, a Personal Protection Order (PPO) is a Court order that stops family violence against an individual.
As outlined in Section 64 of the Women’s Charter 1961, family violence is defined as:
(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 their will;
(d) causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member or any imminent danger,
#1. A Personal Protection Order is not just limited to violent spouses, but any family member displaying violent behaviour
Domestic violence between spouses is usually the type of family violence highlighted on the news as it is still a misunderstood concept to the general public. The truth is that signs of domestic violence do not necessarily apply only to spouses, and can also apply to any family member that the Court acknowledges.
According to the Ministry of Social and Family Development, common forms of family violence include child abuse, spousal abuse, elder abuse, vulnerable adult abuse and dating abuse.
Going back to the Women’s Charter 1961, under Section 64, a “family member” could be:
- a spouse or former spouse
- a child of the person, including an adopted child and a stepchild
- a father or mother of the person
- a father-in-law or mother-in-law of the person
- a brother or sister of the person
- 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
- An “Incapacitated Person” is a person who is wholly or partially incapacitated or infirm because of physical or mental disability, ill health, or old age.
For example, if the offender of family violence is your father-in-law, you are allowed to file a PPO against them for yourself or on behalf of any child below 21 years old.
According to Singapore Courts, the only people whom the PPO does not affect are partners you are not married to yet, former parents-in-law and any relative or person the Court may not regard as your family member.
The Personal Protection Order (PPO), Expedited Order (EO), and Domestic Exclusion Order (DEO) are available to Singapore citizens, all persons in Singapore, and all persons domiciled in Singapore, including members of Muslim families.
You can file a PPO application to protect yourself, your children aged under 21, or an incapacitated family member from family violence if you are at least 21 years of age. If you are below 21 and married or have previously been married (e.g. the abuser is your former spouse), you can also file an application.
#2. When applying for a Personal Protection Order, consider submitting a draft application online
When applying for a Personal Protection Order (PPO), consider submitting a draft application online via the Integrated Family Application Management Systems (iFAMS). This is not compulsory but can save you significant time. Here’s a step-by-step guide to help you through the process:
- Prepare Your Documents: Gather soft copies of any medical reports and police reports you will rely on for your application.
- Log Into iFAMS: Use your SingPass ID to access iFAMS.
- Create a Draft Application: Once logged in, follow the prompts to create a draft PPO application. This will help streamline your process.
- Verify and Complete Your Application: After completing your draft, visit the Family Protection Centre at the Family Justice Court to verify your documents and finalise your application.
- Alternative Locations: If visiting the Court is not convenient, you can complete your application at any Family Violence Specialist Centres (FVSCs) such as PAVe, TRANS SAFE Centre, or Care Corner Project StART.
Submitting a draft application online via iFAMS helps ensure your application is complete and accurate, making the process smoother and more efficient. For detailed guidance, a step-by-step guide is available here.
#3. You may meet a Court Family Specialist before you attend any Court session
If you are considering applying for a protection order, either in person or online, it is crucial to be prepared for an in-depth session with a Court Family Specialist (CFS) before attending any Court session.
This preparatory step is essential in helping you understand the full scope of the process and ensure your safety throughout the Court proceedings. With their help, you can better assess the nature of your situation.
What To Expect In Your Meeting With A Court Family Specialist
When you arrive at the Family Protection Center (FPC) to make or complete your application, a dedicated Court Family Specialist will be assigned to you.
These one-on-one sessions, which typically last between 30 and 45 minutes (excluding waiting time), are designed to be private and confidential, allowing you to discuss your situation openly and honestly.
During this initial session, the Court Family Specialist or a social worker will:
- Provide detailed information about the protection order application process.
- Assess the safety needs of you and your family, ensuring all concerns are addressed.
- Discuss the following documents needed for your application and what to expect during the Court mention.
- If necessary, allow a family member to accompany you and provide support during this challenging time.
A support person, such as a close trusted family member, may be present during these talks as it may be difficult to share some details openly.
The CFS or social worker may take several actions depending on what is discussed. Firstly, they are obligated to inform the relevant authorities and agencies if the CFS or social worker believes that you or your family are at immediate risk of danger.
However, if there is no immediate danger involved, they will make the appropriate referrals to support agencies. Your application for a PPO will then be made known to the offender, in which both parties will have to attend a Court mention subsequently.
After your session, if all documents are in order, a judge will review your application for a protection order. If approved, a summons will be issued to the respondent (the alleged abuser), with a nominal fee of $1 required for this process.
#4. The process for a Personal Protection Order can be straightforward if both parties consent to it
Many people fear the legal battle of divorce due to its ugly and drawn-out process of mud-slinging. Naturally, it is easy to associate a negative image with other Court affairs concerning marital relationships. This may prevent many people from pursuing a Personal Protection Order.
This is not the case as, at a court mention, the court officer will go through the contents of the PPO application with both parties present and ask for further clarification if unclear.
Contrary to common fears, the process for obtaining a Personal Protection Order can be straightforward, especially if both parties consent. During a court mention, the court officer will review the contents of the PPO application with both parties present and seek clarification if needed.
This may include the reason for the application, the relationship of other family members involved, and any supplemental material provided, such as a police report or medical report detailing injuries sustained.
After reading the contents and discerning the situation, they will seek consent from both parties to approve the protection order. From here, three outcomes are possible without escalating it to a nasty dispute.
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- Suppose the offender admits fully or partially to the alleged violent behaviour and consents to the application. In that case, the PPO can easily be granted to the victim, and the offender will have to act according to the terms agreed upon the order.
- Alternatively, the applicant may decide not to pursue the protection order any further and can withdraw their case at the court’s mention. Once the court is informed of such a decision and granted permission to withdraw, the case can be closed.
- If the offender does not consent to the protection order application, then the two parties may be referred to a Court Family Specialist (CFS) that will provide counselling. This is conducted to verify if a resolution is possible. Sometimes, these sessions may include the children’s attendance to gather the complete picture.
- If it’s just the parties involved, the discussion can be held for 90 minutes or longer, but if children or more family members are involved, it may take up to half a day to complete the discussion and reach a mutual agreement. However, if the CFS believes that there is no sign of resolution, it is still possible to raise this case to a Court hearing with a judge later.
Timeline For Obtaining A Personal Protection Order
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- If Both Parties Consent: A PPO can be obtained within 1 to 2 months of the application.
- If Proceeding to Court Hearing: The process may take 3 to 5 months or longer.
During the Court hearing, the judge will review the prima facie case and all relevant details, including any injuries sustained or verbal abuse reported, to make a final decision.
If you are afraid to see the respondent, alternative arrangements such as attending the court mention via video-link can be discussed with the CFS. However, this option is not available if the case proceeds to a hearing.
#5. A Counselling Order is usually issued concurrently with a Personal Protection Order
When a PPO is issued after a court mention, the Court also provides a Counselling Order (CGO) where both parties must attend counselling sessions.
These sessions are conducted by a family support agency assigned by the Ministry of Social and Family Development. The agent will reach out to both parties, and any arrangements can be made through them.
After 6-9 months since the CGO is made, the Court will review the progress of the counselling sessions. Depending on the progress made by both parties, the Court may either choose to discharge both parties or encourage them to continue attending future sessions.
Once the Counselling Order is issued, the family support agency will reach out to both parties to schedule the sessions. These sessions aim to address the issues related to family violence and ensure the safety of all family members involved.
During the counselling or family conference session, the Court Family Specialist (CFS) will:
- Follow up on safety issues and make necessary referrals to appropriate community and support agencies.
- Assist the parties in understanding the matters of the PPO application and help them reach a resolution if suitable.
- Conduct private discussions with each party to address specific concerns and provide support.
If the parties can reach a resolution, a court hearing may not be needed. However, if no resolution is achieved, the case may proceed to a court hearing with a judge.
Key Points Of The Counselling Session
- Confidentiality: The session with the CFS is conducted in a private room, and details are not disclosed to other family members. Only necessary information from the application form and the session outcome will be shared with the involved parties.
- Support: A family member or a social worker may be involved in the session to provide additional support.
- Session Duration: A counselling session involving only two parties may take around 90 minutes (excluding waiting time), while a family conference involving multiple parties can take up to half a day.
It should be noted that if a party fails to attend their counselling sessions once a CGO is made, it is considered a breach of order and Contempt of Court.
#6. A Personal Protection Order can stop the danger of family violence, but it can’t halt unreasonable abusive misconduct
If you fear that safety at home is at risk or that a protection order may not be enough to safeguard you or your loved ones from harm, consider applying for a supplemental Domestic Exclusion Order (DEO) alongside your Personal Protection Order (PPO).
A DEO will exclude or restrict the offender’s access to the victim’s home and will be issued with the PPO if you are granted one. This additional order should be enough to assure your safety in most cases.
Despite the safeguards provided by a PPO and DEO, there can still be instances where the offender continues to display violent or abusive misconduct. This constitutes a breach of the court order. If the respondent breaches the terms of the PPO, you should immediately make a police report.
Penalties For Breaching A Personal Protection Order
The penalties for breaching a PPO are severe to deter further misconduct:
- First-Time Offenders: They can be fined up to $2,000, jailed for up to 6 months, or both.
- Repeat Offenders: Can be fined up to $5,000, jailed for up to 12 months, or both.
If the breach involves the protection of a vulnerable adult (a person aged 18 or older who cannot protect themselves from abuse due to a physical or mental condition), the penalties are more stringent:
- First-Time Offenders: They can be fined up to $5,000, jailed for up to 12 months, or both.
- Repeat Offenders: Can be fined up to $8,000, jailed for up to 18 months, or both.
Repeated violations of a protection order can be overwhelming and may lead to considering more permanent solutions such as divorce.
Before making any judgments, it is advised to be aware and understand the legal grounds for the Divorce process through a Divorce Lawyer in Singapore, as it is an irreversible process and even more permanent than a PPO in Singapore.
If you are still facing difficulties despite having a Protection Order, please feel free to seek help from support agencies such as AWARE or Family Service Centre (FSC).
Alternatively, you may consult us for free legal advice and legal help if you feel that you are not satisfied with the protection order or if you are considering pursuing one. Our team can provide you with the necessary guidance and support to ensure your safety and well-being.
WHAT OUR CLIENTS SAY ABOUT OUR PERSONAL PROTECTION ORDER IN SINGAPORE
“When I reached out to you, you reached back and helped me. You were genuinely concerned for my wellbeing and thought about how best to manage a difficult situation with my loved ones in mind. Most of all, you never judged me. I will never forget that.”
“I just want to send this note before the hearing tomorrow. Regardless of the outcome, I am very thankful to both of you for everything you’ve done for me. Especially to Mr. Wong, I’ll never forget how you took on my appeal case so quickly, at the juncture when I was mentally and emotionally distraught after my sentencing. The word “gratitude” is an understatement.
In all honesty, I think what stands you both apart is the genuine care and concern you have shown me as your client. You have never made me feel that I’m just another case number, to be processed as quickly and cost efficiently as possible. This is especially important to clients like me facing criminal charges. This is war to me, and I could not have picked a better General with the required expertise and the heart in the right place.
I’m sure I have not been the easiest of clients. Thank you for being so patient with me.
After our discussion, I’m more optimistic for a good outcome. Whatever it is, you both are my lucky stars.”
APPLY FOR A PERSONAL PROTECTION ORDER NOW WITH TEMBUSU LAW
If you need a Personal Protection Order (PPO), don’t hesitate to seek help from Tembusu Law. Our commitment goes beyond legal expertise; we are dedicated to making a difference in the lives of our clients.
Our team of skilled lawyers combines speed, skill, and sensitivity to evaluate your legal matter thoroughly. As best-in-class legal experts in Singapore law, we can handle even the most complex cases in family matters, civil litigation, commercial and corporate matters, and criminal defence.
We offer a free consultation to discuss your case and assess your needs. This initial meeting allows us to understand your situation and provide tailored legal advice before you make any decisions. Our goal is to guide you through the legal process with clarity and confidence.
Take the first step towards securing your protection and legal rights. Contact Tembusu Law today to book your free consultation.
FREQUENTLY ASKED QUESTIONS ABOUT OUR
PERSONAL PROTECTION ORDER IN SINGAPORE
Who Can I File A Personal Protection Order Against?
According to the Women’s Charter 1961, under Section 64, you can file a Personal Protection Order in Singapore against a family member. This could be:
- a spouse or former spouse
- a child of the person, including an adopted child and a stepchild
- a father or mother of the person
- a father-in-law or mother-in-law of the person
- a brother or sister of the person
- 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
What Happens After I Apply For A Personal Protection Order?
If you are applying for a protection order in-person or online, it’s essential to prepare yourself to have a heart-to-heart talk as it is common for a social worker or a Court Family Specialist (CFS) to meet up with you before any court proceedings. Depending on what is discussed, the CFS or social worker may take several actions. Your application of a PPO will then be made known to the offender, in which both parties will have to attend a court mention subsequently.
What Happens After I'm Granted A Personal Protection Order In Singapore?
When a PPO is issued after a court mention, the court also provides a Counselling Order (CGO) where both parties must attend counselling sessions. These sessions are conducted by a family support agency assigned by the Ministry of Social and Family Development.
What Happens If My Personal Protection Order Is Violated?
This can be seen as a criminal offence and breach of a court order, and upon arrest, the offender’s actions can be punished in the form of a penalty fine up to $2,000, an imprisonment term up to 6 months or even both. Subsequent offences are then punished by a penalty fine up to $5,000, an imprisonment term up to 12 months or both.
