Personal Protection Orders (PPOs) are legal instruments designed to provide individuals with protection from harassment, violence, or threats to their safety and well-being. In Singapore, personal protection orders are governed by the Women’s Charter 1961 (“Women’s Charter”) and serve as crucial safeguards for individuals facing various forms of harm or harassment. While personal protection orders are commonly associated with victims of violence, their applicability extends beyond physical harm to encompass a broader range of situations. Let’s explore whether a personal protection order is only applicable to victims of violence in Singapore.
Understanding the Purpose of a Personal Protection Order
Under Section 65(1) of the Women’s Charter, the court (i.e., the Family Justice Courts) may make a protection order restraining the person against whom the order is made from using family violence against a family member, upon the satisfaction on a balance of probabilities that family violence has been committed or is likely to be committed against the family member.
Family violence is defined under Section 64 of the Women’s Charter as the commission of any of the following acts:
- wilfully or knowingly placing, or attempting to place, a family member in fear of hurt;
- causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
- wrongfully confining or restraining a family member against his or her will; and
- causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member.
However, the above acts do not include any force lawfully used in self-defence, or by way of correction towards a child below 21 years old.
Further, under Section 65(8) of the Women’s Charter, anyone who wilfully contravenes a protection order shall be guilty of an offence and shall be liable on conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than 6 months or to both.
A personal protection order is a legal order issued by the Family Justice Courts that imposes specific conditions to protect individuals from harassment, violence, or threats by another family member. While personal protection orders are frequently sought by victims of domestic violence, their scope of protection extends to various forms of harm and intimidation, including:
- Physical Violence
Typically, a personal protection order is sought when there are acts of violence that cause physical harm to a family member. Personal protection orders provide protection from physical violence causing hurt inflicted by another family member by restraining the perpetrator from using any form of family violence.
Hurt is defined under Section 64 of the Women’s Charter as bodily pain, disease or infirmity.
- Verbal Abuse and Harassment
Disagreements and arguments between family members are common and usually unavoidable. However, in some cases, such disputes may escalate due to raising tension and emotions, leading to acts amounting to verbal abuse, harassment and/or the threat of physical violence.
Examples of family violence include intimidating behaviours such as throwing and smashing items in the house or continual hurling of insults and vulgarities at another. These acts are likely to cause mental anguish to the victims.
- Stalking and Surveillance
In some cases, perpetrators can be overbearing and controlling, leading to acts of stalking or tracking the family member’s whereabouts and activities. These unwarranted monitoring of their activities and movements may cause mental anguish to the victims and a personal protection order can address these situations.
- Emotional and Psychological Abuse
Emotional and psychological abuse, such as manipulation, coercion, and threats, can also warrant the issuance of a personal protection order to protect victims from further harm.
- Cyberbullying and Online Harassment
With the rise of digital communication, it is possible that acts of harassment and abuse may come in the form of cyberbullying, online harassment via social media or messaging apps, or threats and intimidation made through electronic means. A personal protection order may also extend to such commission of family violence.
Dispelling Misconceptions about PPOs:
- Exclusive to Physical Violence
While personal protection orders are commonly associated with physical violence, it’s essential to recognize that they offer protection against a wide range of abusive behaviours beyond physical harm. Victims of verbal, emotional, psychological, and financial abuse, as well as stalking and harassment, can all benefit from the legal protections afforded by a personal protection order.
- Limited to Domestic Relationships
While personal protection orders are commonly associated with domestic relationships, they are not exclusive to spouses or partners and also extend to other family members. Section 64 of the Women’s Charter provides that a family member includes:
- a spouse or former spouse of the person;
- a child of the person, including an adopted child and a stepchild;
- a father or mother of the person;
- a father-in-law or mother-in-law of the person;
- a brother or sister of the person; or
- 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.
- Require Physical Evidence:
Another misconception is that personal protection orders require physical evidence of abuse to be granted. While evidence can strengthen a case, personal protection order applications may be supported by a range of other evidence, including witness statements, medical records, communication records, or the victim’s own testimony.
Seeking Legal Assistance and Support
Navigating the process of applying for a personal protection order can be daunting, especially for individuals experiencing abuse or intimidation. Seeking assistance from family lawyers, victim support services, or counselling resources in Singapore can provide invaluable guidance and support throughout the process. These family lawyers can offer advice on the documentation required, assist with preparing the application, and provide emotional support to victims during what can be a challenging time.
Conclusion
In Singapore, a Personal Protection Order (PPO) serves as a vital legal mechanism for protecting individuals from various forms of harm and intimidation, not limited to physical violence alone. While personal protection orders are commonly associated with victims of domestic violence, their applicability extends to encompass verbal, emotional, and psychological abuse, as well as stalking, harassment, and cyberbullying. By seeking legal protection through a personal protection order, individuals can assert their rights to safety and well-being, empowering them to break free from abusive situations and reclaim control over their lives.
