Overview
This section addresses some of the commonly asked questions on proceedings against family violence in the Family Justice Courts (FJC).
The information provided below is general in nature and is not intended as legal advice. The FJC cannot provide legal advice or assist with drafting the contents of any document.
An application can be made to the FJC by an applicant (a Complainant) for an order to protect himself/herself or a family member from family violence caused by another family member (a Respondent).
The legislative basis of the Courts’ power to make orders to protect members of a family from family violence caused by a Respondent and to vary or rescind such orders are set out in Part VII Protection of Family of the Women’s Charter.
What is Family Violence
Under Section 64 of the Women’s Charter, any of the following acts will amount to “Family Violence”:
- Willfully or knowingly placing, or attempting to place, a family member in fear of hurt;
- Causing hurt to a family member by an act which is known or ought to have been known will result in hurt;
- Wrongfully confining or restraining a family member against his/her will; and/or
- Continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member.
What orders can the Court make to protect a family member from Family Violence?
The Courts can make the following orders:
- Personal Protection Order (PPO) is an order restraining a Respondent from committing family violence against a person or persons. It is made when the Court is satisfied that family violence has been or is likely to be committed and that a protection order is necessary.
- Expedited Order (EO) is a temporary PPO which is issued when an application for PPO is filed in cases where the Judge finds that there is imminent danger of violence being committed. Unless extended by the Court, an EO lasts for 28 days from the date it was made and ceases on the date of the hearing.
- Domestic Exclusion Order (DEO) is an order excluding the Respondent from a residence which the parties have been living together as members of the same household. The DEO can exclude the Respondent from all, or part of this shared residence.
- Counselling Order (CGO) is an order referring parties in a PPO application to counselling, made at the same time that a PPO is made and may include the children. Counselling is conducted at a family support agency. The agency will contact the parties directly to arrange for the counselling to take place.
A counselling review date will be fixed by the Court, usually in Family Court no. 1 in about six to nine months from the date the CGO is made. This review is for the Court to assess the progress of the counselling and may either discharge the order if favourable or order its continuation if found otherwise.
Who can file an application to be protected from Family Violence?
You can file an application to protect yourself or your children aged under 21 from family violence if:
- You are above 21 years of age.
- You are under 21 years of age but are married or have been married.
If you are an incapacitated person, then the application to protect you must be made by your guardian, relative or person responsible for your care.
Who can a PPO protect me from?
You can be protected from family violence against a family member who is related to you in any of the following manners:
- Spouse or ex-spouse;
- Child, including an adopted child or stepchild;
- Parent;
- Parent-In-law;
- Sibling; and
- Any other relative who the Court may regard as a member of your family.
How do I make an application?
This section sets out the procedure for filing an application against Family Violence.
You can make your application in person at any of the locations set out below. Please note the opening hours and that the Court is closed on Saturdays with effect from 4 August 2018. Please also remember to bring the documents you are relying on so they can be checked or filed together with your application, if required.
The Family Protection Centre (FPC)
- Family Justice Courts, Level 1
3 Havelock Square
Singapore 059725
Family Violence Specialist Centres (FVSC)
Before coming down to the FPC or an FVSC to make your application, you are encouraged to submit your application in draft and documents online by iFAMS. This means less time will be spent processing your application at the FPC or FVSC.
The iFAMS application process is set out below.
- Have your SingPass ID and the required information. You can register for a SingPass ID
here provided that you are eligible for it.
- Login to iFAMS and click "Protection Order Application" box
- Proceed to fill in the online form.
- Save your work and choose whether you wish to have your application and documents checked at the FPC or an FVSC.
For more information on how to use iFAMS, please refer to the 
iFAMS User Guide (760 KB). You can also access the Frequently Asked Questions on iFAMS here. For any further enquiries please contact us at the following numbers.
| For Protection Order Application Enquiries |
For iFAMS Technical Support |
Tel: (65) 6435 5077
(Only available during office hours:
Monday to Thursday from 8.30am to 6pm,
Friday from 8.30am to 5.30pm)
Email:
FJCourts_MaintPos@fjcourts.gov.sg
|
Tel: (65) 6756 3874
(Only available during office hours:
Monday to Thursday from 8.30am to 6pm,
Friday from 8.30am to 5.30pm
and Saturday from 8.30am to 1pm)
Email:
ifamshelpdesk@ecquaria.com
|
Once you have arrived at the FPC or FVSC to make your application, a Court Family Specialist may attend to you and provide you with the necessary information that you may require with regard to your safety.
Once the above steps have been completed, you will appear before a Judge who will consider your application and may ask you questions on your application.
- Attendance before a Judge can be in person (at the FPC) or by video conference (at an FVSC).
- You will then have to swear or affirm that the contents of your application and your answers to the Judge are true and correct.
- It is a serious offence to include statements that you know to be untrue or incorrect in a sworn or affirmed application.
- If your application is in order, the Judge will issue a summons to the Respondent. You will pay a nominal sum of S$1.00 for the issuance of the summons.
What happens after I make the application?
After the application is made, the matter will be progressed through the court system. It can potentially be settled with the consent of both parties, or resolved by a final hearing in the Court.
Once the application is made, the Court will issue a summons. The summons sets out the date for the first mentions of the case in Family Court no. 1. Both the Respondent and the Complainant will be required to attend the first mentions date.
The Court’s Process Server will attempt personal service of the summons on the Respondent at the address provided by you. This will notify the Respondent of the application and first court mentions date. The law allows the summons to be served by other means if personal service is not successful. Please note that the Court will not be able to serve the summons on a Respondent who is not residing in Singapore. If an EO is issued, it will be served with the summons.
At the first mentions, the contents of the complaint made by the Complainant will be made known to the Respondent by the Officer of the Court. If the Respondent admits to the allegations and consents to the application and the Court is satisfied, a PPO will be issued with or without a counselling order.
If there is no resolution after the contents of the complaint is made known, the Court may direct parties to attend before the Court Family Specialist to determine if there can be a resolution. If there are no slots available on the same day, the session will take place on another date.
After the session, parties will be directed to Family Court no. 1 before a Judge. If the Respondent admits to the allegations and consents to the application and the Court is satisfied, a consent PPO can be recorded by the Judge with or without a counselling order.
If there is still no resolution, the Judge in Family Court no. 1 will give directions for parties to prepare for the hearing of the matter. This includes:
- Giving directions for the preparation of parties’ and witnesses’ statements and documents. Parties are responsible for obtaining documents for trial and the Court does not apply for documents on behalf of the parties; and
- Ascertaining the number of witnesses. If parties wish to call any witnesses, they should inform the Judge.
The exchange and filing of these documents will take place in Family Court no. 1 on a further mentions date. A mentions usually lasts about five (5) to 10 minutes. Further mentions dates can be fixed for parties to return to Family Court no. 1 if their documents are not ready or they require time to engage a lawyer.
Once the Judge in Family Court no. 1 is satisfied that parties are ready for hearing with their witnesses’ statements and documents, a hearing date will be fixed. This hearing is usually fixed about four weeks from the last date of mentions. The Court will fix the hearing either at 9.30am, 11.15am, 2.30pm or 4.15pm. Depending on the number of witnesses and complexity of the case, the parties may be allocated ¼, ½, a full day or more for the hearing.
If the parties or any of the witnesses are not conversant with the English Language, they should request for an Interpreter, including one conversant in a foreign language when the hearing dates are given by the Court. Each party must also ensure that their witnesses are available to attend the hearing.
As the hearings in the Court are held in-camera, no person other than the parties will be allowed to remain in Court whilst evidence is being given, unless the Judge gives permission.
At the hearing, parties will attend Court with their witnesses. The matter will be heard by a Judge. The process at the hearing is set out below in general:
- Each of the parties and their witnesses will, in turn, take the witness stand, together with their documents and swear or affirm their evidence. They will then be cross-examined by the other side on the evidence given.
- The Complainant and the Complainant’s witnesses will usually be cross-examined first by the Respondent. Then it will be the turn of the Respondent and the Respondent’s witnesses to be cross examined by the Complainant.
- After the cross examination is completed, the parties will make their arguments to the Court on whether the application should be granted.
- If the parties are represented by lawyers, then the cross examination and the arguments to the Court will be conducted by their lawyers.
- The Court will then make a decision on the application. This concludes the matter.
What happens if either party is absent from Court?
If any party fails to turn up for their Court dates e.g. a mentions date, trial date, date for counselling session:
- An absent Complainant (the applicant) will have his/her application struck out.
- An absent Respondent (the person whom the application is filed against) will have a warrant of arrest issued against him/her.
What if I am not satisfied with the Court’s Order?
If you are not satisfied with the order, you may appeal to a Judge of the High Court.
If you wish to appeal, you must do so by filing a Notice of Appeal in the High Court Family Division (level 3) c/o Family Justice Courts.
The Notice must be filed and served
within 14 days of the order.
You must also provide security for the other party’s costs of the appeal in the sum of:
- $2,000.00, if you are appealing against a Magistrate’s order, or
- $3,000.00, if you are appealing against a District Judge’s order.
Please note that Officers of the Court cannot help you to file your appeal papers. If you need assistance in such matters, you may wish to approach the
Community Justice Centre,
Community Legal Clinic or the
Legal Aid Bureau.
What if I am afraid to see the Respondent in Court?
You may wish to have your family member or friend accompany you to the Court. If no one is able to accompany you, you may discuss with the Court Family Specialists at the FPC regarding alternative arrangements, such as attending the Court Mentions at a video-link agency. Please note that this option is not available during a Court trial.
What happens if the Respondent does not obey a Protection Order(s)?
If there is breach of a PPO, EO or DEO, you should report the matter to the police immediately.
The police will then decide whether to investigate the matter, and whether to charge the respondent for a breach of the order. This will be done in the Criminal Justice Division at the State Courts.
Alternatively, you can file a Magistrate's Complaint for breach of the order at the Crime Registry of the State Courts. If the Magistrate is satisfied that there are sufficient grounds for proceeding, the Court may direct the police to investigate the matter.
Under section 65(8) of the Women's Charter, a breach of an expedited order or personal protection order is a criminal offence. The offence is punishable by a fine of up to $2,000.00, or by imprisonment of up to six months, or both. A second or subsequent offence is punishable by a fine of up to $5,000.00, or by imprisonment of up to 12 months, or both. Where the order relates to a vulnerable adult as defined by the Vulnerable Adult’s Act 2018, there is an enhanced punishment of a fine up to $5,000 or by imprisonment of up to 12 months or to both and for second or subsequent offence, a fine up to $$8,000 or by imprisonment of up to 18 months or to both.
Do I need a lawyer?
No, you do not need a lawyer to make the initial application before a Magistrate at the FJC. If you need a lawyer for the Court mentions or hearing, you may engage one. To maintain impartiality, the Officers of the Court are not able to provide legal advice or recommend lawyers.
You may refer to the online directory of qualified lawyers maintained by the Ministry of Law Legal Services Regulatory Authority (LSRA e-Services). If you need legal advice or legal assistance, you may wish to
approach the
Community Justice Centre,
Community Legal Clinic or the
Legal Aid Bureau.