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Interpretation of this Part
64. In this Part, unless the context otherwise requires —
"applicant" means the person who applies for a
protection order or, where the application is made by a person referred to in
section 65 (10), the child or incapacitated person on whose behalf the
application is made;
"court" means a District Court or a Magistrate’s Court;
"expedited order" means an order made under section 66
(1);
"family member" , in relation to a person, means —
(a) a spouse or former spouse of the person;
(b) a child of the person, including an adopted child and a
step-child;
(c) a father or mother of the person;
(d) a father-in-law or mother-in-law of the person;
(e) a brother or sister of the person; or
(f) 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;
"family violence" means the commission of any of the
following acts:
(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
his will; or
(d) causing continual harassment with intent to cause or knowing
that it is likely to cause anguish to a family member,
but does not
include any force lawfully used in self-defence, or
by way of correction towards a child below 21 years of age;
"hurt" means bodily pain, disease or infirmity;
"incapacitated person" means a person who is wholly or
partially incapacitated or infirm, by reason of physical or mental disability
or ill-health or old age;
"protection order" means an order made under section 65;
"protected person" means a person who is protected under
a protection order;
"relative" includes a person who is related through
marriage or adoption;
"shared residence" means the premises at which the
parties are, or have been, living together as members of the same household.
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Protection order
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.
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(2) An
application for a protection order may be made by the family member concerned
or any person referred to in subsection (10).
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(3) A
protection order may be made subject to such exceptions or conditions as may be
specified in the order and for such term as may be specified.
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(4) The
court, in making a protection order, may include a provision that the person
against whom the order is made may not incite or assist any other person to
commit family violence against the protected person.
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(5) A
protection order may, where the court is satisfied on a balance of
probabilities that it is necessary for the protection or personal safety of the
applicant, provide for such orders as the court thinks fit having regard to all
the circumstances of the case, including any one or more of the following
orders:
(a) the
granting of the right of exclusive occupation to any protected person of the
shared residence or a specified part of the shared residence by excluding the
person against whom the order is made from the shared residence or specified
part thereof, regardless of whether the shared residence is solely owned or
leased by the person against whom the order is made or jointly owned or leased
by the parties;
(b) referring the person against whom the order is made or the
protected person or both or their children to attend counselling
provided by such body as the Minister may approve or as the court may direct;
and
(c) the giving of any such direction as is necessary for and
incidental to the proper carrying into effect of any order made under this
section.
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(6) Except so
far as the exercise by the person against whom a protection order is made of a
right to the shared residence is suspended or restricted, or prohibited or
restrained, by virtue of an order made under subsection (5), such order shall
not affect any title or interest that the person against whom the order is made
or any other person might have in the residence.
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(7) Where a
person against whom a protection order or an expedited order has been made
contravenes the order, the court may, in addition to any penalty provided for
under subsection (8), make, as the case may be, any one or more of the orders
under subsection (5), to commence from such date as is specified in such new
order.
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(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.
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(9) Any
failure to comply with an order made by virtue of subsection (5) (b)
shall be punishable as a contempt of court.
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(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.
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(11) An
offence under subsection (8) shall be deemed to be a seizable
offence within the meaning of the Criminal Procedure Code (Cap. 68).
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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.
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(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.
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(3)
Notwithstanding subsection (2), the court may extend the duration of the
expedited order.
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Supplementary
provisions with respect to orders under sections 65 and 66
67. —(1) The court shall, on an application made by the
applicant or the person against whom a protection order or an expedited order
is made, have power by order to vary, suspend or revoke such order.
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(2) Rules of
Court may be made for the purpose of giving effect to sections 65 and 66 and
any such Rules may, in particular, make provision for the hearing without delay
of any application for an order under section 65 (5) (a).
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(3) The
expiry by virtue of section 66 (2) of an expedited order shall not prejudice
the making of a further expedited order under that section.
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