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Note case study – substitute the names and it’s basically the law
Option One:
- • Go to the police—the police will investigate the matter, and if they are of the view a crime has been
committed, they will charge John, and he will eventually have to go for a criminal trial.
o But usu police will refer oarty to fam court because fam matter
o But making police report is good for sake of record
o Fined or go for prison time if convicted
- • Alternatively, if the police do not charge John, Jane can take out a private summons in the matter--i.e.
undertake the criminal prosecution herself.
Disadvantages:
- • If John is required to furnish bail when he is charged by the police, and he is not able to, he will be
remanded in prison (queenstown remand prison), and probably lose his job. => no income for family
- • The burden of proof in a criminal case is beyond reasonable doubt, which is a high standard of proof for
Jane to overcome.
- • If John is found guilty, he may be sent to jail, end up with a criminal record, and probably lose his job =>
again no income for family.
- • There will be no opportunities for John to attend counselling and work towards marriage .
Evidential Issue
- make police report
- see doctor first
- get a medical report
- eg bruise or cut
Advantages:
- No need to commence divorce proceedings.
o • There is no bail to be furnished when the summons is issued to the respondent to attend court in respect of
the Personal Protection Order application.
o • If a Personal Protection Order is made, the person against whom it is made will have no criminal record.
Fear of Retaliation
(a) • Granting of an Expedited Order—a temporary Personal Protection Order to complainant granted in
the absence of the respondent, without a trial.
Will only be granted if there is “imminent danger” of family violence being
committed.
Once comes to court and court counsllors view tt EO nec, this can be issued on day
itself and takes effect immediately
(b) • The Expedited Order takes effect from the date of service. Lasts for 28 days or until the date of
hearing, or until such further time as the court may grant.
Accessibility to Justice
(a) • Video-link complaints—from Family Services Centres: Ang Mo Kio FSC (north), Trans Centre
(East)
(b) • Night complaints—Family Court opens after office hours one evening a week (from 5.30pm –
7.30pm) to take complaints
so complainant can come down to the court
Section 65(1) WC
65. —(1) The court may, upon satisfaction on a balance of probabilities that family violence has been
committed or is likely to be committed against a family member and that it is necessary for the protection of
the family member, make a protection order restraining the person against whom the order is made
from using family violence against the family member.
- Women’s charter amendment act 1996 repeals existing provn on domestic violence (s68-70) replacing them
with s66 to 67 under new sub chapter – defn of fam violence extended and class of persons who can apply
enlarged
Disadvantages
Fear of retaliation
o – However, may request for an Expedited Order (a temporary PPO) which would take effect
from the date of service. However, Expedited Order will only be granted if there is ‘imminent
danger’.
Breach of PPO may occur since no need for bail (complainant is not completely safe)
o sever penalties for breach of PPO (which will be discussed later)
- No Need for Divorce – note:
o Note: in neither option will Jane need to divorce John. However, divorce proceedings often do
follow family violence proceedings.
Definition of family violence
- (Section 64, Women’s Charter) – widely defined
o • (a) wilfully or knowingly placing, or attempting to place, a family member in fear of hurt;
- ie threats or harassment sufficient to amount to violence
o • (b) causing hurt to a family member by such act which is known or ought to have been
known would result in hurt;
o • (c) wrongfully confining or restraining a family member against his will; or
o • (d) causing continual harassment with intent to cause or knowing that it is likely to cause
anguish to a family member,
o but does not include any force lawfully used in self-defence, or by way of correction towards
a child below 21 years of age
- can be fine line but will look at whether1. reason for pucnishment and 2. nature and
degree/ ext of injury sustained
- if overboard, may amt to child abuse
- only need to satisfy court on balance of probabilities tt violence commited or likelhy to be commited s65.1
Fact 1: behaved badly and did not come home until 3am. Her father slapped her.
- No family violence: correction.
- Not clear whether PO nec just on the facts
- Counselor and court will assess clearly whether discipline or overboard into fam voienec and whether PO
nec in this case
- • Susan then ran out of the house. After half an hour, she came back and begged us to let her in, but John
refused to let her in. She had to wait until he left for work at 9 am before being able to get back into the
house.
Fact 2: Ran out of the house and her father refused to let her in. Had to wait until her father left for work before
being able to get back into the house.
No family violence: family violence exists only when you lock someone in and not when you lock someone
out.
Act only applies to wrongful confinement and does not provide for locking a person out of the house.
- • Later that evening, John punished her by making her stay in her room from 8 pm until lunchtime the
next day. He locked her door. Luckily she has an attached bathroom.
Fact 3: punished her by making her stay in her room from 8pm to lunchtime the next day as the door was locked.
Family violence: wrongful confinement.
Fact 1: Sam started to cry and his father said to him “Shut up you sissy, or you’ll get caned!”
Family violence: causing child to be in fear of hurt.
However, can argue that it is correction as well.
- • Of course, I got very upset when all this happened, and I screamed at John. John ignored me and walked
off. When our family dog Spot got in his way, he kicked it.
- • Shocked, I went to comfort Spot. I said “Look what you’ve done to the dog--he’s in pain!” He said “Yes,
the dog is in pain because it was in my way. You’d better watch out.”
Fact 3: Sam’s mother went to comfort the pet and father says “the dog is in pain because it was in my way. You’d
better watch out!”
Family violence: knowingly placing a family member in fear of hurt.
Section 65(10)
65. –
(10) In the case of a child below the age of 21 years or an incapacitated person, an application under this
section or section 66 may be made by a guardian or relative or person responsible for the care of the child or
incapacitated person, as the case may be, or by any person appointed by the Minister.
Case of cohabitees:
My boyfriend/girlfriend is violent towards me. Can I get a protection order against him/her?
You cannot apply for a protection order against your boyfriend/girlfriend, as he/she is not considered a family
member (see also question 4), even if you live in the same home as him/her. If your boyfriend/girlfriend has been
violent towards you, you may wish to report the matter to the police, who can then decide whether to charge the
Respondent in the criminal court. If they do not wish to take action, or if you would like to pursue the matter
yourself, you may file a Magistrate's Complaint in the criminal court against your boyfriend/girlfriend. You may
go to the Crime Registry of the Subordinate Courts, 1 Havelock Square, Singapore 059724 to do this. The court
will issue a summons for the Respondent to attend court to answer your complaint if it is satisfied that there is
sufficient ground for proceeding with the case.
I live with my boyfriend and have children with him. He has been violent to my children and me. Can I get
protection for my children as well as myself?
You cannot apply for a protection order for yourself unless you are married to your boyfriend or fall within the
class of persons listed in Question 4. You can however apply for protection on behalf of your children (if they are
below 21 years old), even if you are an unmarried mother.
- The Mother
- John also slaps his poor mother—she is senile, and in a wheelchair. Sometimes she scolds him without
really understanding what she’s saying. He gets angry and slaps her. Is there anything I can do to help her?”
o Subsection (c)
Where to apply
S64 – district or magis court
Mode of application – by way of summons issued under provn of cpc
◦ applicant must personally attend at fam prxtn unit at family court and make complaint against
perpetratator ie respondent
◦ applicants not represented ma use std complaint form obtained at fam court
◦ assited in filling form b interpreter
◦ complaint signed by applicant and interpreter
◦ docs to be lodged when making application
o complaint
o copy of police report
o copy of medical report
o copy of prev prxtn order if any
- applicant brought b4 magistrate to affirmn complaint
o if satisfied as to truth of allegation will give directns as to issu of summons
o nay also make expedited order in favour of applicant against respondent
Procedures in Court
- • Step 1: Filing of complaint
o (intake counselling, expedited orders issued if nec)
- • Step 2: Service of summons by court process servers
o (Upon affirmation before a Magistrate and the Magistrate is satisfied as to the truth of the
allegation, Magistrate would give directions for the issuance of the summons which would be
served.)
o (counselling)
- You can request to attend a counselling session to see if the case may be resolved
without going for a trial. However, the counselling session will only be fixed if the
complainant (the person who has filed the application for protection) agrees to
attend. The aim of the counselling session will be to ascertain if the Respondent
(person against whom the application is made) admits having used violence. If
he/she admits this, the emphasis of the counselling session will be on the fact that
the use of violence is not acceptable. The matter may then be resolved by the
Respondent agreeing to a protection order being made in favour of the complainant,
without going for a trial. If the Respondent denies using violence at all, then the
matter cannot be resolved without a trial, and the case will be fixed for a trial as soon
as possible.
- • Step 3: Case mentions
o (Pre-Trial Conference--directions given to prepare for trial, hearing dates fixed)
o Pre-trial conference – giving directions, preparations for the hearing and setting down hearing
dates.
o Where respondent absent –
- Once summons served, matter fixed for mention in fam court; if resp absent on tt
date then on proof of service, warrant of arrest issued
• Usually this is the practice
- In prxtn cases bail not nornmally offered
- Court may alternatively proced to hear matter in absensce of respondent
o Respondent present
- Summons read, explained and must be understood by him
- To indicate whether wants to show cause why orer x be made
- if admits, the fam court judge without need to receive other eid wil make order or
prxtn order to be issued – read over to him and explain conseq of breach
- where disputes the allegations, court may reer parties for counseling before fixing
trial dates
o If respondent admits to allegations, PPO will be issued at the PTC and consequences of the
breach would be explained.
o If respondent denies the allegation, he will have to show cause why such an order should not
be made against him. May refer parties to counselling before fixing trial dates.
- • Step 4: Hearing
o fam court – court 1 – usual procedure – judge presiding – who will urge parties to resolve the
matter
o (CHECK ALL UR NOTES – DC AND MC MAY NOT APPLY BECAUSE OF THE
TRANSFER ORDER)
o court will stand down matter and get u to mediators to get matter settled
o must be cautious in advising client (respondent)
- downside of PPO – may have bearing on consequential divorce proceedings
- note that u may lose ur children
- may be admission tt u hit her
- so even if client feels tt just want to let her have PPO – must see other side of the
coin
o if x settle, judge in court 1 will extend EO and direct tt parties file AEICs –
- some judges eg shobar nayar District judge will alow replies
- regina Aw J will say no need – depends
- court hearing matter will determine whether PPO shld be granted on bal of
probabilities
o proceed as in normal trial
o Applicant will give evidence and expert witness may sometimes be called (eg. Doctor who
examined the applicant).
o Respondent is allowed to cross-examine any of the witnesses.
o Respondent will present his case after the applicant closes hers.
o After hearing all the evidence and submissions, court will either issue a PPO or dismiss the
complaint.
o Court to be satisfied tt famiy violence committed and order is NECESSARY for complainant’s
ongoing prxtn
Do I need a lawyer to help me resolve these proceedings for a Personal Protection Order/Domestic
Exclusion Order? What if I cannot afford a lawyer?
You can, if you wish, conduct the proceedings yourself. Family violence matters are frequently handled by the
parties themselves, without lawyers. However, if you need to file (give) any documents in court, you must ensure
that the documents that you file are in the correct format. There are also legal arguments which you may have to
make if the matter is contested or a complex one. The court is not able to give you any legal or procedural
advice. So if you are conducting the proceedings yourself, you cannot expect to obtain any assistance or advice
from the court. If, at any stage, you are unsure of what to do or say, then you may wish to obtain the assistance of
a lawyer.
If you cannot afford a lawyer, you may wish to apply to the Legal Aid Bureau for assistance. However, you will
have to satisfy the "Means Test" and the "Merits Test". For more details, you may wish to view the website of the
Legal Aid Bureau.
High Court
High Court has concurrent jurisdiction with the DC or the MC pursuant to s78 WC.
mode of application different fr above - OS with affidavit supported ROC O7 r 3
OS must include:
(i) Concise statement of reliefs sought
(ii) Sufficient particulars to identify cause of action (eg. Police reports, medical reports etc…)
Order is made ex parte at first instance but a return date given would be inter partes with arguments heard
whether the order should be lifted or continued.
Trial is conducted essentially on affidavits
Costs
- Notwithstanding which forum applicant made, court now has power to make order of costs s79
- Circumstances in which court to do so and quantum is at discretion of court
Procedure
79. —(1) All applications to a District Court or a Magistrate’s Court under this Part and Part VII shall be made
and heard in the same manner and in accordance with the same procedure as applications for summonses are
made and heard by the District Court or the Magistrate’s Court under the provisions of the Criminal Procedure
Code (Cap. 68) and an application for maintenance under this Part and Part VII shall be deemed to be a
complaint for the purposes of that Code.
(2) The Rules of Court for the time being in force made under the provisions of the Supreme Court of Judicature
Act (Cap. 322) and applicable to appeals from District Courts brought under section 21 of that Act shall apply to
all appeals brought under section 77.
(3) Where an appeal is so brought from a Magistrate’s Court, the Rules of Court shall be construed and applied as
far as necessary as if references to a District Court were references to a Magistrate’s Court and references to a
District Judge were references to a Magistrate.
(4) A court before which any application under this Part or Part VII is heard may make such order as to costs as it
thinks fit.
- “The children had to give evidence. Susan and Tony were fine, but Sam was too scared to be in the same
courtroom as John, so he gave evidence over the videolink, and he had a Court Friend to sit beside him
when he was doing that.”
- “John didn’t touch me once he was served with the Expedited Order.
- But…
o • I was really terrified for those few weeks because he got his brothers and sisters to call me
and scold me, and threaten to “make life difficult for me” for causing him trouble.
- Court can include provision tt he does not incite any other person to commit
violence – jane can ask for this provision in the protection order
o • He also started drinking very heavily, and made life really miserable for me and the
children. I told the court all this, of course. I said I could not bear to live with him any longer.
- John can get help fr counseling center for drinking prob
- Doestic excusion order gibing jane and children exclusive possession fo the house
o • Not unless he changes. But I think he can change—he just has to stop drinking, and learn
how to control his temper.”
- If parties keen on counseling and john in right frame of mind court can also mandate
counseling – by MCYS for family or just for john if court determines tt he needs
counselling
How does the court decide whether to grant a Personal Protection Order ("PPO") or Domestic Exclusion
Order ("DEO")?
The court will grant a PPO if it is satisfied that on a balance of probabilities, family violence has been committed
or is likely to be committed against a family member, and it is necessary for the protection of the family member
to make the PPO. The court will, in addition, grant a DEO if it is satisfied, on a balance of probabilities, that the
DEO is necessary for the protection and personal safety of the family member.
Expedited order
66. —(1) Where, upon an application for a protection order under section 65, the court is satisfied that there is
imminent danger of family violence being committed against the applicant, the court may make the protection
order notwithstanding —
(a) that the summons has not been served on the respondent or has not been served on the respondent within a
reasonable time before the hearing of the application; or
(b) that the summons requires the respondent to appear at some time or place.
(2) An expedited order shall not take effect until the date on which notice of the making of the order is served on
the respondent in such manner as may be prescribed or, if the court has specified a later date as the date on which
the order is to take effect, that later date, and an expedited order shall cease to have effect on whichever of the
following dates occurs first:
(a) the date of the expiration of a period of 28 days beginning with the date of the making of the order; or
(b) the date of commencement of the hearing of the application for an order under this section.
(3) Notwithstanding subsection (2), the court may extend the duration of the expedited order.
I am fearful that the family member ("the Respondent") will become even more violent after he/she knows
that I have applied for a protection order. What can I do?
You can apply for an Expedited Order (EO). An EO will only be granted if the court finds that there is an
"imminent danger" of family violence being committed. An EO has the same effect as a protection order (PPO),
i.e., it restrains (stops) the Respondent from using family violence against you. However, unlike a PPO, an EO
can be made in the absence of the Respondent and will take effect once the EO is served on him/her. Also, unlike
a PPO, an EO only lasts for 28 days or until the case is first heard in court. You may request the court to issue an
EO on the day you file the application for PPO.
Your other option is to live apart from the Respondent, until the court has dealt with your application for a
protection order. The Family Transfomation and Protection Unit (FTPU) will be able to provide you with a safety
plan and a list of places you can go to for shelter.
3) Counselling Order
- mandatory counselling, provided by MCYS and social service agencies for complainant, respondent and/or
children. S65.5b
The Respondent has been using violence against me. I just want the Respondent to attend counselling to
get him to stop the violence. I don't wish to have a personal protection order (PPO) made against him. Can
I just apply for a counselling order (CGO) without asking for a PPO?
The Family Court can order a party to attend counselling only upon the issuance of a protection order. Therefore,
if you simply want the Respondent to attend counselling, you should approach a Family Service Centre to
conduct counselling for him. However, a Family Service Centre has no power to force the Respondent to attend
counselling if he does not wish to. To compel the Respondent to attend counselling, you will have to apply for a
protection order at the Family Court and ask the court to also order the Respondent to attend counselling.
I want to exclude one of my family members from the property in which both of us are currently staying,
as he/she is being violent towards me. Can I do so? What if I am not the owner of the property? Does it
make a difference if he is the owner of the property?
You may apply for a Domestic Exclusion Order ("DEO") to exclude the Respondent from the whole of or certain
parts of the house where you both live. You can apply for a DEO whether you are the owner of the house or not.
It also does not matter whether the Respondent is the owner of the house or not. The court will grant the DEO if
it feels that it is necessary for your protection.
5) Directions
- For the proper carrying out of the orders pursuant to s65(5)(c).
Court discretion – additional conditions
- Note that court can make all or any one of these orders
- Court also given wide powers to direct tt prtn order be subj to exceptns and ocnds and determine duration of
order s65.3
- Court can include provn tt respondent x incite or assist any other person to commit violence against
applicant s65.4a
Project Save
- Proj available at fam court
- • In collaboration with IMH--part of the Community Addiction Management Programme (CAMP)
- • Targeted at counselling respondents with alcohol abuse problems
- • Internal screening by Family Court counsellors at intake counselling and at mentions stage to assess
suitability for programme
- • If a respondent is recommended for the programme, the Court may make the order for him to attend.
Breach of Personal Protection Order
- • I started divorce proceedings. John moved out, but it was really creepy. He started following me
everywhere. He would make telephone calls at odd times of the night, crying and asking for a second
chance. He would watch as I left the house for work, follow me in his car, and then watch as I went to the
office. When I left work, it would be the same thing.
- Breach of PPO as causing continual harassment with intent to cause anguish to applicant. Penalties of PPO
applies
- Can lodge police report or come back to court and court will make nec directions
- • He has been hanging around the children’s schools at break-time also, just watching them. They’re very
embarrassed about it.
- No breach of PPO, merely acting like a concerned parent.
- • The other day, when my god-brother was in the house, he stood outside our gate and shouted obscenities.
- No breach unless the obscenities were threat to cause fear or harm.
- • The next day, to our horror, he moved back into the house.
- No breach of PPO, however, applicant should apply for DEO immediately if she feels that she is in danger
of family violence.
Section 65(8)
(8) Any person who wilfully contravenes a protection order or an expedited order or an order made by virtue of
subsection (5), except an order made by virtue of subsection (5) (b), shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to
both and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for
a term not exceeding 12 months or to both.
- • An offence under subsection (8) shall be deemed to be a seizable offence within the meaning of the
Criminal Procedure Code (Cap. 68). (Section 65(11), Women’s Charter), i.e. the police can arrest the
offender without a warrant.
- • The Court can also make a counselling or domestic exclusion order at the time it deals with the breach of
the Personal Protection Order. S65.7
- • Any failure to comply with a counseling order is punishable as a contempt of court. MCYS must take out
contempt proceedings. S65.9
Would the person against whom a Personal Protection Order ("PPO") / Domestic Exclusion Order
("DEO") is made be considered a criminal? Is it considered a criminal record?
The person against whom a PPO/DEO is made is not considered a criminal, and the PPO/DEO will not form part
of the person's criminal record. However, the breach of a PPO/DEO (as well as an EO) is considered a criminal
offence (see question 21).
Duration of orders
- act x specify duration of prxtn orders
- therefore time order is to subsist is at discretion of court
- if court x specify duration, order wld subsist indefinitely
- act prov tt on application of applicant or respondent, court cld vary, suspend or revoke prxtn order s67.1
- The court generally does not specify the duration of the PPO and as such, a PPO lasts indefinitely until it is
rescinded (i.e. removed) pursuant to a court application. As for the DEO, the court generally specifies the
duration of the DEO (usually between 3-9 months). After the DEO is issued, you should take steps to make
permanent arrangements for your accommodation away from the Respondent if you do not wish to continue
or fear staying together with the Respondent
Appeal
- If you are dissatisfied with the order made by the court you may wish to appeal against the order(s). You
must file your appeal within 14 days of the making of the court order(s) which you want to appeal against.
You may wish to seek legal advice on the documents which you are required to file for the purposes of your
appeal, the procedures and expenses involved, as well as your chances of success.
Recission
- What should I do if I feel that the order made by the court is no longer necessary? For example, if the
court has granted a protection order, but I have not committed any family violence towards the
applicant (i.e. the person in whose favour the protection order was granted) since the date of the
protection order, which was many years ago, and I feel that I will not do so in the future
- You may apply for a rescission of (i.e. to remove) the order(s) made by the court. You may do so by
attending at the Family Protection Unit and filling out a form to apply to rescind the order(s) made by the
court. The court will issue a summons for the applicant to attend court to answer your application for
rescission. The court will only grant your application for rescission if it is satisfied that the order(s) it has
made will no longer be necessary for the protection of the applicant.
Inadequacies
- no provn dealing with person whom respondent incites to commit violence