Family Violence and the Types of Protection Available

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Family violence is a serious issue that affects individuals across all age groups in Singapore. It comes in many forms: physical harm, emotional abuse, threats and even neglect. Fortunately, Singapore’s legal system provides strong protections for victims of family violence. These include court orders and the various support services aimed at ensuring safety and accountability.

What is Family Violence?
The Women’s Charter 1961 provides for a broad range of acts which constitute family violence. Family violence can be a single instance or a course of conduct or behaviour. The 4 main forms of abuse are physical, sexual, emotional or psychological abuse. Provided below is a non-exhaustive list that constitutes as abuse:
  • Physical Abuse:
      • Causes, or threatens to cause personal injury or physical pain to a person.
      • Threatens a person with the death or injury of the person.
      • Wrongfully confining or restraining a person against that person’s will.
  • Sexual abuse:
      • Coerces, or attempts to coerce, a person to engage in sexual activity.
  • Emotional or Psychological abuse:
      • Torments, intimidates, harasses and/or distresses a person.
      • Causes, or is reasonably likely to cause, psychological harm to a person, including suicidal thoughts or tendencies toward self-harm.
Types of Protection Available

Singapore offers several legal avenues for individuals seeking protection from abuse or violence. One such avenue is the Protection from Harassment Act 2014 (POHA), which provides general Protection Orders for victims of harassment, whether by strangers or acquaintances.

However, in situations involving family violence, more specific protections are available under the Women’s Charter. These orders are tailored to safeguard individuals from abuse or threats of harm by family members. Under Part 7 Division 3 of the Women’s Charter 1961, there are four main types of protection orders:

  1. Personal Protection Order
  2. Expedited Order
  3. Domestic Exclusion Order and
  4. Counselling Order.

 

  1. Personal Protection Order (PPO)
    A PPO is an order restraining the offender from committing family violence against the victim or any other family members. According to Section 60 of the Women’s Charter, individuals above the age of 18 are allowed to apply for a PPO on their own. Meanwhile, for individuals under the age of 18, a family member, guardian, or a person responsible for caring for that individual must apply for a PPO on their behalf. When deciding on whether to grant a PPO, the court will consider:
    • Whether the respondent has committed or is likely to commit family violence against the applicant or other family members; and
    • Whether the protection order is necessary for the protection or personal safety of the respondent or other family members.

  2. Expedited Order (EO)
    An EO is a temporary PPO restraining the respondent from committing family violence against the applicant or any other family members. According to Section 61 of the Women’s Charter, the court will grant an EO when there is a danger of the respondent committing family violence against the applicant while the PPO application is pending.

  3. Domestic Exclusion Order (DEO)
    A DEO is an order excluding or restricting the respondent from entering all or part of the applicant’s or the protected family member’s residence.

  4. Counselling Order (CGO)
    A CGO, also known as mandatory counselling, is an order referring the applicant and the respondent to counselling conducted at an agency assigned by the Ministry of Social and Family Development (MSF). According to Section 60E of the Women’s Charter, the court will grant a CGO if they consider that it may help prevent the respondent from committing family violence against current or future family members.

    As part of Singapore’s rehabilitative approach CGOs are used to address underlying relational issues, especially where children are involved. It is a less invasive method which aims to keep the family together.
Conclusion
Family violence is not just a personal or domestic issue, it is a serious legal and social concern that affects the well-being of individuals, families, and communities. In Singapore, the law provides robust protection orders as explained above. If you or someone you know is experiencing family violence, it is important to act fast and early.

If you require any assistance in obtaining protection for yourself or your family members, you may contact our team at: 

Geralyn Danker, Director