1. Legal provisions
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1. Legal provisions Start Comparison
1.1 What are the relevant statutes and codes?

The Singapore legal framework for addressing domestic violence is primarily found in the Singapore Women's Charter (Part VII, titled "Protection of Family"). Among other things, it primarily sets out the requirements for obtaining protection orders and penalties for breach of said protection orders. To clarify, Part VII was not drafted in a manner that targets domestic violence against women as such but rather, with the view of preventing family violence in general.

Some of the more salient critiques of the current Part VII are as follows:

Definition of family violence

  1. The definition of "family violence" does not expressly provide for sexual abuse. Although it has been argued by lawmakers that Section 64(d) of the Women's Charter — "causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member" — is sufficient to cover such conduct.
  2. "Family violence" does not clearly include conduct such as stalking or placing the victim in fear of provocation or violence. Such conduct is covered in the Protection from Harassment Act (PHA) and there is some inconsistency in the respective regimes for obtaining protection orders.

Obtaining protection orders

  1. Except in specified circumstances, the current system requires the victim to make an application for a protection order. There are arguments that this approach is flawed, given that victims of domestic violence may be averse to taking action.
  2. Beyond Part VII of the Women's Charter, there are also provisions in, among others, the Penal Code, PHA and Children and Young Persons Act (CYPA) (as applicable), which provide general statutory protections not limited to the domestic violence sphere.
1.2 What is the controlling case law?

The legal framework is largely statute-driven. There are no notable case law precedents that materially depart from or affect the relevant statutory provisions.

1.3 What are the specific parts of the court system that address domestic violence?

Applications under Part VII of the Women's Charter should be made to the family justice courts, a specialist division of the Singapore High Court. Criminal or civil claims that are more general would be brought before the civil or criminal courts, as appropriate.

1.4 What are potential causes of action?

There is no specific cause of action for domestic violence, instead, individual offenses are set out in the Women's Charter, PHA, CYPA and the Penal Code (as further explained below).

Any family member subject to or likely to be subject to family violence, can apply to the court for a protection order to restrain the family member from using family violence.

The court has the power to provide any orders in the protection order that it thinks are most suitable for the protection or personal safety of the applicant, including an order excluding the offender from the shared residence and directing the offender to attending counselling sessions.

Committing family violence itself is not an offense under the Women's Charter; however, it is an offense to breach a protection order and this carries a financial penalty ranging from SGD 2,000 to SGD 8,000, a jail term ranging from six to 18 months or both. Breaching a protection order issued as a result of family violence against "vulnerable adults" carries the higher end of the penalties.

"Vulnerable adults" refers to individuals aged 18 and above with mental or physical infirmity, disability or incapacity, incapable of protecting himself/herself from abuse, neglect or self neglect. It does not include any family members, including women below the age of 18.

The court may also make an expedited protection order where family violence is imminent, bypassing the requirement for the respondent to be summoned.

Committing family violence is not in itself an offense, and would require the victims to apply for a protection order; therefore, the remedies afforded under the Women's Charter may lack strength and have an inadequate deterrent effect.

Under the PHA, committing harassment is an offense that carries financial penalties of SGD 5,000, a jail term ranging from six to 12 months or both.

Victims may also bring an action for statutory tort to seek damages from the offender or a protection order. Any recourse granted by the judge will be based on the notion of justice and equity. Therefore, the courts may award damages or grant a protection order that it considers just and equitable in the circumstances.