Relevant background

The development of civil protection orders was due to the recognition that criminal law was inadequate in dealing with issues of domestic violence. Some of the often cited reasons for criminal law being inadequate include the following:

1. the criminal standard of proof being higher than the civil standard, which made it more difficult for domestic abuse victims to seek legal recourse
2. the form of the available criminal remedies at the time (fine or imprisonment, etc.) may not have achieved the victim's primary goal of preventing further violence, and quickly

Civil protection orders are civil in nature and meant to grant fast protection to domestic abuse victims. The primary goal of civil protection orders is to protect domestic abuse victims, as opposed to criminal law, which places greater emphasis on punitive justice.

In Singapore, civil protection orders in the domestic abuse context are commonly sought under the Women's Charter (Chapter 353), but it is also possible to obtain civil protection orders under other statutes, as will be addressed below. Given the above, the following analysis will focus mainly on the Personal Protection Orders in the Women's Charter.

Yes. Civil protection orders in Singapore can primarily be found in the form of Personal Protection Orders to stop family violence. The scope of these is described in the Women's Charter, in Sections 64 and 65.

Outside of the Women's Charter:

• Protection Orders can also be sought under the PHA (Chapter 256A), where the district court is satisfied on a balance of probabilities that the abuser has engaged in, among others, causing harassment, alarm or distress, causing fear or the provocation of violence, or unlawful stalking (see Section 12, read with Sections 3 to 7). Separately, an Expedited Protection Order can be sought. An Expedited Protection Order has the same effect as a Protection Order, but is granted under Section 13 of the PHA where the circumstances require an urgent intervention.
• Under the CYPA, the authorities are, in the appropriate circumstances (including when a child is at risk of being ill-treated by his/her parent or guardian), empowered to, without warrant and with force as is necessary, remove a child or young person (below 18 years of age) and commit him/her to a place of temporary care and protection in the interim, until the matter is heard before the youth court (see Section 9 read with other provisions in Part II).

Persons who may petition for civil protection orders under the Women's Charter include (see Sections 64 and 65):

• the domestic abuse victim (if above 21 years old and not an incapacitated person)
• a guardian or relative or person responsible, or any person appointed by the minister (if the victim is below 21 years old or incapacitated)
• an individual below 21 years of age but who is married or has been previously married, if the victim is the said individual, the individual's child below 21 years, or a relative below 21 years for whose care the individual is responsible

Yes, see also response to question 1 on the CYPA's provisions.

Other relevant provisions in the CYPA include:

• Section 11A (voluntary care agreements) — This provision enables the director-general of social welfare to enter into a care agreement to place a child or young person under the care of a "significant person" such as a family member or caregiver where their parents are unable to do so.
• Section 25 (contribution orders by the director-general or protector) — This provision enables the director-general of social welfare to order the payment of financial contributions toward a child's welfare by a parent or guardian.
• Section 50 (family guidance orders) — This provision gives the youth court powers to make family guidance orders, which includes placing the child or young person in the care of a fit person for a specified period.

There are also provisions in the Women's Charter (not limited to domestic abuse situations) that allow for a child to be placed in temporary custody, in the appropriate circumstances (e.g., see Section 125, 126).

There are different avenues for protective orders and protective orders can be sought on an expedited basis.

Personal Protection Orders under the Women's Charter can be granted on an expedited basis where the court is satisfied that there is imminent danger of family violence being committed (see Section 66). The expedited order will automatically expire after: (a) the expiration of a period of 28 days beginning on the date the order is made; or (b) the date of commencement of the hearing for a Women's Charter Personal Protection Order, unless it is extended by the court on the application by the victim or any person to whom the Protection Order applies (see Section 67).

Beyond the Women's Charter, other avenues for civil protection orders include the options addressed in the response to question 1.

Yes, in respect of the Women's Charter, please see the response to question 2.

Generally, the terms of civil protection orders granted in Singapore are not fixed and vary depending on the circumstances of the case.

For example:

• The Women's Charter provides that a protection order may be made for "such term as may be specified."
• See also the above response to question 1, where under the CYPA, the authorities may place a young person in temporary care and protection until the matter is heard by the youth court.

To an extent, yes, but the protection conferred via the ex parte application will generally be for 28 days or will lapse upon commencement of the hearing for the civil protection orders.

Expedited civil protection orders under the Women's Charter

For expedited orders, the court may make the protection order notwithstanding 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 that the summons requires the respondent to appear at some time or place.

As explained above, the expedited order will automatically expire either:

1. on the expiration of a period of 28 days beginning with the date the order is made (the order takes effect when notice of the order is served on the respondent, or on a date the court specifies)
2. on the date of commencement of the hearing for a Women's Charter personal protection order, unless it is extended by the court on the application by the victim or any person to whom the protection order applies (see Section 67)

Outside of the expedited order scenario and, in any case, during the hearing for the personal protection order application (after the expedited order lapses), the aggressor will be present for cross-examination.

There is no automatic extension of protection, but separate protection orders can be obtained if the circumstances justify a protection order for family members.

Under the Women's Charter, there does not appear to be an automatic extension of protection to family members of the victim when applying for an expedited order (see Section 66, which is silent on the matter).

However, depending on the circumstances of the case, the relevant family members may also be able to apply for expedited orders to protect themselves where there is an imminent danger of "family violence" being committed against them as well (Section 66). In this regard, the definition of "family violence" includes, broadly speaking, placing a family member in fear of hurt, causing hurt, wrongful confinement or restraining against the family member's will, and causing continual harassment with intent to cause anguish to the family member (see Section 64, definition of "family violence").

The resources we have located to date include:

• https://www.childrensociety.org.sg/resources/front/template/scs/files/amendment-Monograph%205%20sexual%20abuse.pdf (note that this is not from two to four years ago).
• https://wecan.aware.org.sg/statistics-and-definitions/#:~:text=1%20in%2010%20women%20in,AWARE's%20Sexual%20Assault%20Befrienders%20Service (note that this is not from two to four years ago).
• https://www.aware.org.sg/2010/12/domestic-violence/ (note that this is not from two to four years ago).
• https://www.aware.org.sg/2020/06/aware-helpline-saw-record-calls-in-may-with-137-increase-in-family-violence-and-436-increase-in-emotional-and-psychological-distress-over-2019/ (2020 statistics but relate only to COVID-19)
• https://www.aware.org.sg/training/wsh-site/14-statistics/ (only in respect of sexual harassment)

See https://www.familyjusticecourts.gov.sg/what-we-do/family-courts/family-protection for an overview of the process.

Overview

For protection orders under the Women's Charter, any document that can support an order being granted should be submitted. Prior to the hearing, if the respondent admits to the allegations and consents to the application, the court may issue a protection order.

However, if there is no amicable resolution of the matter, parties will have to prepare witness statements for purposes of the hearing.

Yes, the victim will need to attend the hearing proper.

If the victim is afraid to see the respondent in court, then he/she may discuss with the staff at the Family Protection Centre (located in the family justice courts) about attending the court mentions at a video-link agency. However, this video-link option is not available for the hearing proper.

Depending on the context of the question:

Time bars

There does not appear to be a strict time bar for making the Women's Charter applications. However, the currency of the allegations made will undoubtedly factor into the judge's decision on whether to grant a protection order.

Court timelines

The family justice court will set the court-related timelines. If a party fails to turn up for their court dates (i.e., mentions date, trial date, counselling session date), the general practice is the following:

• The complainant (victim) will have his/her application struck out.
• The absent Respondent will have a warrant for arrest issued against him/her.

Yes, expedited orders under the Women's Charter can be made notwithstanding:

• 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
• that the summons requires the respondent to appear at some time or place

Please see also the response to question 8, which describes timelines for the expedited order's lapse.

The judge has discretion to decide.

The Personal Protection Orders of the Women's Charter are civil in nature and not criminal. Therefore, the standard of proof required for obtaining these orders is on a "balance of probabilities" as opposed to "beyond reasonable doubt."

No age limit in respect of persons who can be afforded protection.

However, please see the response to question 2 on the parties that may apply for protection orders under the Women's Charter.

General tortious actions

Under the Singapore Limitation Act, actions in tort cannot be commenced more than six years after the cause of action accrues. The basic principle underpinning awards of damages in tort is to restore the plaintiff/victim to his/her position had the tort not been committed.

A. Physical abuse/trespass related

Victims can sue under established tortious causes of action, which commonly include the following:

• Assault — this involves the apprehension of immediate, unlawful force that is created by the abuser to the victim. There is no requirement of actual physical contact.
• Battery — this involves the infliction of unlawful force on the victim. There is a requirement for physical contact.
• False imprisonment — this involves situations where the victim's liberty has been restrained or where the victim has been confined.

B. Mental/emotional abuse related

While it is possible in theory to sue for psychiatric harm in Singapore, it would generally be difficult in practice for victims to prove the actual damage suffered (typically a recognizable psychiatric illness (distinct from emotions such as sorrow and grief), which may require the use of expert witnesses) and causation.

See also the sections on "Assault" and "False imprisonment" above and the relevant statutory torts below.

C. Financial abuse

Under Singapore law, it does not appear financial abuse in itself is actionable in tort per se.

Statutory torts

Civil proceedings may be brought for breaches of certain torts that are codified under Singapore statute.

A. Statutory torts under the PHA (civil)

The PHA establishes a number of statutory torts that allow victims to bring civil proceedings in respect of the following conduct:

• Intentionally causing harassment, alarm or distress

  This involves the aggressor using or making threatening, abusive or insulting words, behavior or communications, or publishing any identity information of the victim or related person, which results in causing the victim harassment, alarm or distress.

• Harassment, alarm or distress

  This involves the aggressor using or making threatening, abusive or insulting words, behavior or communications, which is heard, seen or otherwise perceived by the person (i.e., victim) and is likely to cause harassment, alarm or distress.

• Fear, provocation or facilitation of violence

  This essentially involves the aggressor using conduct or words with the intent to cause the victim to believe that unlawful violence will be used or to provoke the use of unlawful violence.

• Unlawful stalking

  Unlawful stalking is broadly defined as acts or omissions associated with stalking, such as following, making certain types of communications, entering or loitering near the victim or related persons' frequented areas, interfering with the victim's property or keeping the victim or related person under surveillance. The aggressor must have intended or known that such conduct would likely cause harassment, alarm or distress, and the conduct must have inflicted the same on the victim.

The civil court hearing the matter, if satisfied on a balance of probabilities, may award such damages of the victim in respect of the statutory tort(s) above having regard to all circumstances of the case, as it considers just and equitable.

B. Action for wrongful act causing death

Section 20 of the Civil Law Act allows an action to be brought in respect of a victim whose death was caused by any wrongful act, neglect or default that would have entitled the victim to maintain an action and recover damages.

Such action must be for the benefit of the dependents of the victim and the action must be brought within three years after the death of the victim. Dependents are defined as:

• wife, husband or former wife of the victim
• parent, grandparent or great-grandparent of the victim
• any person (not being a child of the victim) who, in the case of any marriage to which the victim was at any time a party, was treated by the victim as a child of the family in relation to that marriage
• any person who is, or is the issue of, a brother, sister, uncle or aunt of the victim

An action under Section 20 of the Civil Law Act may consist of or include a claim for damages for bereavement (in the sum of SGD 15,000).

Compensation following conviction of criminal offense — Criminal Procedure Code (CPC) Section 359

The relevant criminal court must, after convicting the accused, consider whether to make an order for the accused to pay a sum to be fixed by the court by way of compensation to the person injured.

An order made under Section 359 of the CPC will not affect any right to a civil remedy in respect of the same injury (which may seek a greater quantum of damages). However, the sum paid pursuant to this compensation order will be deemed to have satisfied part of the eventual civil damages awarded.

Please refer to Section 4.4.1.