Navigating tough personal situations can be incredibly stressful, especially when your safety is a concern. You might have heard people talk about getting legal protection, but you’re probably wondering, what is a restraining order, really? It’s more than just a piece of paper; it’s a powerful legal tool designed to keep you safe from harm.
Let’s walk through what it means in the context of Singapore law and how it can help you find peace of mind.
Understanding the Meaning of a Restraining Order
At its core, a restraining order is an order issued by a Court that prohibits a person from doing certain things, such as harassing, stalking, or causing violence to another person. In Singapore, these are often referred to as Protection Orders (POs) or Personal Protection Orders (PPOs) under the Protection from Harassment Act (POHA) or the Women’s Charter.
The main goal is simple: to stop the unwanted behaviour and protect the victim. It sets clear boundaries that the other person legally cannot cross. If they breach the Protection Orders, they face serious consequences, including fines or even jail time. This isn’t just for situations of physical violence; it can also cover psychological and emotional abuse, making it a vital safeguard for many.
How to Get a Restraining Order or Protection Order in Singapore
If you’re feeling threatened, knowing how to file a restraining order in Singapore is your first step towards safety. The process is designed to be accessible, but it requires you to take specific actions. You can’t just ask for one; you need to apply for it through the appropriate legal channels.
- File Your Application with the Court
You must start by filing a formal complaint and a sworn statement with the Family Justice Courts. This is typically done online and requires you to detail the harassment or violence you have experienced.
- Serve the Legal Documents
Once filed, the Court documents must be officially delivered (or “served”) to the person you are filing the order against. This legally informs them of your application and the Court date.
- Attend Court Mediation
Both you and the other person will attend a session at Court. Often, the first step is mediation, where a neutral party helps you try to resolve the issue without needing a full trial.
- Proceed to a Court Hearing
If mediation is unsuccessful, a formal hearing is scheduled. You will present your evidence to a judge, who will listen to both sides and then decide whether to grant the restraining order.
The Key Restraining Order Requirements
To be successful, you must meet specific restraining order requirements. The Court doesn’t grant these orders without proof. You need to convince a judge, on a ‘balance of probabilities’, that an order is necessary for your protection. This simply means showing it is more likely than not that the harassment or family violence occurred.
For a PPO under the Women’s Charter, you must provide evidence that a family member has committed or is likely to commit an act of family violence. This can include:
- Physical injury.
- Wrongfully confining or restraining you against your will.
- Continual harassment that causes distress.
- Causing fear that you or another family member will be hurt.
For a POHA Protection Order, you need to prove that the respondent has engaged in harassing behaviour. This could be threatening messages, stalking, or abusive online comments. Strong evidence is your best asset. This includes police reports, medical documents, threatening texts or emails, photographs of injuries, and witness statements.
Conclusion About Restraining Order In Singapore
Understanding what is a restraining order is the first step, but taking action is what truly matters. It is a legal shield available to protect you and your loved ones from harm, whether it’s physical, emotional, or psychological.
The process requires evidence and following the correct legal steps, but you don’t have to go through it alone. If you need guidance on filing a restraining order, reach out to the best family and Divorce lawyer in Singapore at Tembusu Law for a free consultation.
Frequently Asked Questions About Restraining Orders In Singapore
How Long Does A Restraining Order Last in Singapore?
A Personal Protection Order (PPO) granted by the Court does not have an expiry date. It remains in force until it is formally revoked or set aside by a Court order.
What Is The Difference Between A Protection Order And A Restraining Order?
In Singapore, these terms are often used interchangeably. A “restraining order” is a general term, while a “Personal Protection Order” (PPO) is the specific order granted under the Women’s Charter for family violence, and a “Protection Order” is granted under the Protection from Harassment Act (POHA) for acts of harassment.
What Happens If Someone Violates The Restraining Order?
Breaching a restraining order or PPO is a criminal offence in Singapore. The victim should immediately report the breach to the police. The offender can be arrested and may face a fine, imprisonment, or both.
Can A Restraining Order Be Filed Against A Family Member?
Yes, absolutely. Personal Protection Orders (PPOs) under the Women’s Charter are specifically designed to protect against violence from family members, including a spouse, former spouse, child, parent, or other relatives living in the same household.
