9 Family Violence

9 Family Violence Note case study – substitute the names and it’s basically the law Jane’s Battle—an exploration of family violence procedures and laws - “Yes, Doctor. My husband John beats me. o • But I don’t know what to do. o • I depend on him for money. o • I don’t want to divorce him. o • I have no job, no education. What will the children and I do without him if he goes to jail? I won’t be able to feed them or pay their school fees. o • John will also be very angry if he finds out that I’ve told anyone about this. He’ll probably just beat me up again, and no one can help me.” Options That the Victims have (a) Charge the aggressor (b) Turn to the Family Court 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. Advantages of Charging the Aggressor  Matter is in the hands of the Police, threat of future violence minimal.  No need to commence divorce proceedings. 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 Option Two: Family Court - • Application for a Personal Protection Order. - • A Personal Protection Order is an order restraining the person against whom the order is made from using family violence against the family member. (Section 65(1) of the Women’s Charter). Advantages: No need to commence divorce proceedings.

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• 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.

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• If a Personal Protection Order is made, the person against whom it is made will have no criminal record.

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• The complainant will get access to a range of Family Court services.

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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.

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Difficulty in Attending at Family Court (a) Video link services available to circumvent this problem (b) • Jane said “But I don’t have time to go to the Family Court. I live all the way in Ang Mo Kio. John watches my movements like a hawk. He works on the night shift. If he sees me gone for a long time during the day, he will suspect something, and will get very angry.”

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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

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Vulnerable Witness Support programme. o Children who are terrified of giving evidence in the same court room can apply to the programme. o Giving evidence over video-link with a Court friend sitting beside him. o Family court 5

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;

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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

My spouse forces me to have sex against my will. Is that family violence? If your spouse forces you to have sex against your will, it would be considered as family violence, provided he also commits one of the acts set out above Susan – the daughter - • She’s been behaving very badly lately. The other night she did not come home until 3 am, and she refused to tell us where she went. John was angry and slapped her. 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

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• 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.

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• 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. Tony – the son - • My son Tony was very upset because he loves his sister Susan, and he went up to John and punched him. - • Tony was going to punch him again, but John pushed him away before he could do it. He pushed him so hard that he lost his balance and fell backwards. Unfortunately, Tony hit his head against the table when he fell, and he bled.

Fact 1: went up to his father to punch him, his father pushed him away and caused Tony to hit his head against the table.  No family violence: father acted in self-defence.  Possible to argue that he used excessive force therefore does not qualify him to plead self-defence.  Court will again look at whether discipline nd gone overboardand child abuse amtg to fam violence Sam – third child - • When my youngest child Sam saw Tony bleeding, he started crying. John then said to Sam “Shut up you sissy, or you’ll get caned!” 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.

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• 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.

Fact 2: kicked the family pet

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No family violence: pets are not considered as members of the family – separte regime!!!

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• 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. Who can apply for relief?  65.1 and 65.10 – any family member or for child or incapacitated person needing prxtn, guardian or relative or person resp for his care or person appted by mnister can apply for prxtn order  fam member defiend very widely and includes spouses or former spouses, parents, sibings, children in laws and relatives  prior to these amendments, only parties to marriage can apply for relief  Family members are protected pursuant to WC.  Definition of ‘family members’ found in s64 WC Family Member? (Section 64, Women’s Charter) • (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; o note that where parties divorced court reluctant to grant order to inlaws – because ties severed – so will come under (f) instead - • (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 – catch all category; Applying for a Personal Protection Order • In the case of a child below the age of 21 years or an incapacitated person, an application for a Personal Protection Order 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. (Section 65(10), Women’s Charter) 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.

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Jane then said “By the way, Doctor, o • I’m not actually married to John. Do you think that would be a problem? – come under (f) o • Also, Tony is not our child—he’s actually John’s adopted child—adopted with John’s exwife. But I love him like my own child. Both step children o • And Susan is over 21 years old now—does that make any difference? She’s actually the child from my previous marriage—so she’s John’s step-child. Can apply on her own Does not matter tt step chid – subsection (b) of s64

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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)

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Cohabitees – couples who are not married Not entitled to be protected under the Family court and not entitled to apply for the PPO. Only recourse is to charge the assailant. No – see above (f)

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An adopted child Adopted child considered natural child under s7(1) Adoption of Children Act. Entitled to protection under PPO.

III. A child over the age of 21  Should apply for PPO in her own name. IV. Mother who is senile and in a wheelchair  Appoint a guardian to apply for PPO on the mother’s behalf.  Senility would amount to being incapacitated. Where to apply  S64 – district or magis court  Mode of application – by way of summons issued under provn of cpc

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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)

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• 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

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fam court – court 1 – usual procedure – judge presiding – who will urge parties to resolve the matter (CHECK ALL UR NOTES – DC AND MC MAY NOT APPLY BECAUSE OF THE TRANSFER ORDER) court will stand down matter and get u to mediators to get matter settled 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 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 proceed as in normal trial Applicant will give evidence and expert witness may sometimes be called (eg. Doctor who examined the applicant). Respondent is allowed to cross-examine any of the witnesses. Respondent will present his case after the applicant closes hers. After hearing all the evidence and submissions, court will either issue a PPO or dismiss the complaint. 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

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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.

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“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

Orders that can be made by the Court  5 possible types of orders Matters considered by court Court to be satisfied tt applicant in danger of violence by respondent and order nec for his prxtn Not nec for immed danger but must be obj observable danger which court thinks exists and not one which applicant thinks exsist *McCartney v McCartney 1981 Even if applicant satisfies court she is need of rxtn, court not obliged to help her o Court has general and unfettered discretion xcept by application of commonsense to circumstances before the court *Spindlow v spindlow 1979 - But once evid of violence inflicted prima facie nec for PO to be granted to applicant o Not when clear tt respondent cannot cont to use violence eg where incarcerated in prison *Chan Kah Cheong v Teoh Kheng Yau 1994 Where respondent admits to allegations in charge, court wld if satisfied tt applicant is inned of prxtn, make approp order forthwith and without further inquiry In ther cases except where involves expedited order, court wld only make approp order after summary tirla or on careful perusal of affidavits 1) Personal Protection Order

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will be made if family violence has been/is likely to be committed AND it is necessary for protection. S65.1 Purpose of the order is to restrain the respondent from using violence in the home and on the order being made; the applicant is termed a protected person.  Must show tt fam violence and likely to be committed – Eg if living apart then may not grant - • A protection order may be made subject to conditions. o • A provision may be included 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. - A PPO does not mean that you can no longer go near the person in whose favour it is made. It just means that you cannot commit family violence against the protected person(s), that is, you cannot do those acts that are considered as family violence (see Question 1). Therefore, if there is a PPO against you for your children, you can still live with them and see them (subject to any orders on custody and access which have been made by the court), but you cannot commit family violence against them. Use in divorce proceedings o The fact that a PPO has been made against you may be used against you in divorce or custody proceedings. For example, your spouse may say that your commission of family violence is "unreasonable behaviour" and apply for a divorce. He/she may also say that the children are afraid of you as you have previously used violence. The fact that there is a PPO against you may strengthen your spouse's case. But the adverse effect, if any, of the order against you will depend on the circumstances of the case, and on a range of other factors (for example, the date when the order was made, whether there have been any incidents of violence since the date of the order, and so on). o A PPO made by consent is treated in the same manner as a PPO made by the court after a trial. If you have consented to the protection order, you may be deemed or presumed to have admitted the allegations of violence by you. 

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.

2) Expedited Order (EO) - go to family court – get complaint form – fil up – go to magis on duty (3rd floor) – swear and affirm contents are true o prima facie violence is sufficient – they do not conduct hearing – not deciding – purpose of EO to give interim prxtn – court wil serve this o for injn, in contrast, very expensive! And time o this only five dollars or less o but must be for pple prescribed in WC – ie family relations then will serve order with return date – for resp to come to court for hearing - If the ct is satisfied that there is an imminent danger of violence to the applicant, the ct may make an expedited order followed by a PPO. S66.1 Takes effect ton service of order on respondent or later date as court may specify o Ceases to have effect either 28 days after making of order or at commencement of hearing of summons whichever occurs first s66.2 o But court may extend duration of EO s66.3 and make further EOP on expiry of EO s67.3 Violence must be directed at applicant o Not nec tt occurs in matr home o Test is whether respondent by suing or threatening violence to applicant has placed her in danger and conseq in need of prxtn o If resp uses or threatens to use violence against applicant at eg working pklace, she has remedy under this sn

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Restrains person fr committing violence against complainant If he hits her/ threatens – he will get arrested – brought to police station o Ie very serious consewquences may engender – is this unfair? Did not have to prove anything to get this but conseq are very far o But weigh against conseq of not making the order But not concerned with resp who x threaten violence in matters unrelated to marriage o

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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. (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. 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. (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). (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. 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. 4) Domestic Exclusion Order - • Will be made if it is necessary for the protection or personal safety of the family member. S65.5.a draconian order – even if husb/wife a jt owner, court can rule tt he be exclude for certain period o but must show tt really case tt party excluded is extr abusive and this is absol nec for prxtn of fam member - • Exclusive occupation of the whole of the shared residence, or only part of it, for example, the master bedroom. o Latter may be diff to arrange and enforce => court tends to ex caution before using this order - • Does not affect proprietary interest in the shared residence. • Is not meant to be a long-term solution. Usu flat sold and transferred to one of them in such cases 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

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• 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.

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• 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.

Penalty for the breach of a Personal Protection Order If the Respondent (person against whom the protection order is made) does not obey the EO/PPO/DEO and continues to use violence, the protected person should report the matter to the police. The police will investigate the matter, and decide whether to charge the Respondent for breach of the EO/PPO/DEO in the criminal court. Once the police decide to take action, the matter is taken out of the hands of the protected person, i.e. the protected person will not be in a position to decide whether to proceed with or drop the charge. If the police do not take action, or if you would like to pursue the matter yourself, you may wish to file a Magistrate's Complain in the criminal court against the Respondent for breach of the EO/PPO/DEO. 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. - If the Respondent is found guilty of breaching the EO/PPO/DEO, he will be convicted. The maximum penalty upon conviction is a fine not exceeding $2,000 and/or imprisonment for a term not exceeding 6 months if it is a first offence. If it is a second or subsequent offence, then the maximum penalty is a fine not exceeding $5,000 and/or imprisonment for a term not exceeding 12 months or both(Section 65(8), Women’s Charter) 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.

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• 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