Personal Protection Order
Family violence is a serious issue that affects many individuals and families in Singapore. When the safety of a family member is at risk, the law provides a crucial mechanism to offer protection and prevent further harm: the Personal Protection Order (PPO). A PPO is a court-issued restraining order designed to safeguard victims of family violence, including children and other vulnerable family members. This blog aims to provide a comprehensive guide on Personal Protection Orders, detailing what they are, how they work, the process of obtaining one, and the various aspects related to their enforcement and duration. Whether you are seeking protection for yourself or a loved one, understanding the nuances of PPOs can be a vital step towards ensuring safety and well-being.
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What is Family Violence?
Under Section 64 of the Women’s Charter, family violence includes:
- Willfully or knowingly placing, or attempting to place, a family member in fear of hurt.
- Causing hurt to a family member by an act which is known or ought to have been known would result in hurt.
- Wrongfully confining or restraining a family member against their will.
- Continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member.
What is a Personal Protection Order (PPO) and How Does It Protect Someone?
A Personal Protection Order (PPO) is a court-issued restraining order that protects an individual, their children, and other family members from further harm by an offending family member. It is issued when the Court determines that family violence has occurred or is likely to occur, providing necessary protection.
The Different Types of PPOs in Singapore
- Standard PPO: Issued to prevent further family violence.
- Expedited Order (EO): A temporary and urgent order granted without trial to protect the applicant from imminent danger.
- Domestic Exclusion Order (DEO): Excludes the aggressor from the family home or restrains them to a part of the house.
- Protection from Harassment (POHA): Protection against harassment and unpleasant conduct, applicable to both family and non-family members.
How to Apply for a PPO
You can file a PPO in Family Court to protect yourself, minor children, or an incapacitated adult family member. The application can be filed by individuals over 21 years old, married individuals under 21, or a guardian/appointed person for incapacitated individuals. Applications can be made in person at the Family Protection Centre (FPC) or Family Violence Service Centres (FVSCs), or submitted online.
Domestic Exclusion Order (DEO)
A DEO can be applied for to exclude the aggressor from the family home or restrain them to a part of the house. It is usually applied together with or after a PPO application.
Protection from Harassment (POHA)
POHA can be applied for in the State Courts against harassment and unpleasant conduct, not necessarily limited to family members. It can be used alongside a PPO for comprehensive protection.
The Duration to Obtain a PPO
If the respondent consents, the PPO can be obtained on the day of the first mention. If a trial is required, the process can last between 4 to 8 months or longer, depending on the case’s complexity.
What if the PPO is Breached?
Breaching a PPO allows the police to investigate family violence complaints. Actions include reporting to the police, filing a Magistrate’s Complaint, or filing a claim under the Protection from Harassment Act (POHA). Penalties for breaching a PPO include custody, jail, and fines.
The Penalty for Breaching a PPO Order
Penalties include being held in police custody for 48 hours, jail time, and fines.
Case Studies
Case Study 1: Personal Protection Order as a Scare Tactic
Problem: A woman feels threatened and harassed by her husband and uses a PPO as a scare tactic during divorce proceedings.
Action Taken: The woman stages a fight, leaves the family home with the children, and applies for a PPO, resulting in an expedited order (EO) against the husband.
Result: The prolonged legal process impacts the father’s access to the children and the overall well-being of the family. Learn more about this case study: Personal Protection Order as a Scare Tactic.
Case Study 2: A Woman’s Nightmare in Personal Protection Order Application in Court
Problem: Grace, a battered housewife, seeks a PPO against her abusive husband but faces a complex and lengthy legal process.
Action Taken: Grace files for a PPO, engages in counseling sessions, and goes through multiple court hearings while living with her abuser.
Result: Grace wins the PPO, but the legal costs strain her finances. The PPO provides protection upon subsequent breach. Learn more about this case study: A Woman’s Nightmare in Personal Protection Order Application in Court.
Conclusion
Navigating the complexities of family violence requires understanding the protective measures available under Singaporean law. The Personal Protection Order (PPO) is a crucial tool designed to safeguard individuals and their families from harm. At Yeolaw Family Law Specialist, our experienced lawyers provide expert advice and protection at a fixed fee, with Capped Fees Packages for trials.
When other options are exhausted, legal measures can provide the safety you and your family deserve. Contact Yeo Law at +65 6220 3400 or visit our website today to ensure a safe, happy, and healthy life free from fear.
Frequently Asked Questions
The application process can take 1-2 months if the respondent agrees or 3-5 months or longer if there is a disagreement and a compulsory hearing.
After filing, both parties attend a court mention. If there is no agreement, they are referred to counseling, followed by a hearing. Dissatisfied parties can appeal to the High Court’s Family Division.
While self-representation is allowed, engaging a lawyer can help with accurate charge sheets and navigating the court system. Lawyers offer fixed-fee packages and capped fees for trials.
The Court determines the PPO’s duration based on the case facts. It remains in effect until revoked by the Court or if the circumstances change significantly.
Resource Guide:
Personal Protection Order Under the Women's Charter - The Essentialis
- Part VII Protection of Family of Women's Charter
- Division 3 Proceedings under Part VII Act of the Family Justice Rules
