SINGAPORE.

WOMEN’S CHARTER

(CHAPTER 353)

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PART VII

PROTECTION OF FAMILY

 

 

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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