Family Law Family Violence

Family Violence and Legal Protections

Introduction to Family Violence in Law

• Overview of family law module focusing on family violence.

• Current provisions found in Part 7 of the Women's Charter.

• Upcoming changes due to the Women's Charter Family Violence and Other Matters Amendment Act 2023.

• Current sections will be referred to as "current sections" and new provisions as "new sections".

Outline of the Lecture

1. Scope of application of Part 7

2. Who may be the complainant or applicant for protection

3. When will relief be granted?

4. Types of orders available

5. Consequences of breach of orders

6. Circumstances of rescinding, varying, or revoking orders

7. Procedures for application

Scope of Application

• Part 7 applies to all persons in Singapore, including Muslims; not excluded by section 3(2) of the Women's Charter.

• Part 7 forms part of a wider spectrum of remedies against violence, complementing punitive measures, financial compensation, and damages.

• Aim: maintain family unity while ensuring safety.

Complainants and Applicants

Current Provisions

• Family members can apply for protection orders:

  • Spouses or ex-spouses

  • Children (including adopted or stepchildren)

  • Incapacitated persons, their guardians, or responsible relatives

  • Those under 21, married, or responsible for the victim's care

• New Amendment Changes:

  • Age limit reduced from 21 to 18 years.

  • Introduction of the role of the "Protector".

Definition of Family Member

• Definition includes spouses, children, parents, and siblings, reflecting legal relationships.

• De facto relationships, partners, and boyfriends/girlfriends are excluded and must seek relief through other means, such as the Protection from Harassment Act.

Grounds for Relief

• Relief is granted via a two-stage process:

  1. First Stage: Proof of family violence on a balance of probabilities.

     • Family violence includes:

       • Intimidation or threats of harm.

       • Actual physical harm.

       • Wrongful confinement.

       • Continual harassment with intent to cause anguish.

     • New Definition Includes: physical, sexual, emotional, or psychological abuse.

  2. Second Stage: Assess necessity for protection. Factors include:

     • Living arrangements post-abuse.

     • Severity of violence.

     • Resolution of underlying conflict.

Types of Orders

Current Orders

• Primary remedy: Protection order.

• Domestic exclusion order (DEO): Excludes the perpetrator from the victim's home.

• Counselling order: Directs counseling for perpetrators, victims, or both.

New Orders

• Stay Away Order: Prohibits the perpetrator from certain locations.

• No Contact Order: Prohibits direct communication with the victim.

• Mandatory Treatment Order: Requires psychiatric treatment for perpetrators.

• Electronic Monitoring Order: Assists in tracking and ensuring the perpetrator adheres to terms.

• Removal Order: Provides for the temporary removal of victims into safe housing.

Consequences of Breach of Orders

• Breach of orders is a punishable offence:

  • Current penalties:

    • Fines up to $5,000 or 12 months imprisonment for first-time offenders.

    • Higher penalties for repeat offenders.

• Under new provisions, breaches could lead to fines and contempt charges.

Rescinding, Varying, or Revoking Orders

• Factors affecting rescinding include:

  • Changes in circumstances since the order was made.

  • The necessity of continuing the order based on current risk levels.

Application Procedure for Protection Orders

• Applications made similarly to Criminal Procedure Code summons.

• Online submission through the Integrated Family Application Management System (IFAMS) or in person.

• Submission includes details of parties involved, family violence incidents, affidavits, and relevant records.

• Meetings with court family specialists to assess needs and safety concerns.

Role of the Protector

• A new statutory role under the amended act:

  • Assesses risk for victims, powers to enter premises, and initiate emergency orders.

• Primarily supports victims in seeking protection against family violence.

Conclusion

• Summary of how the topic of family violence is being addressed through amendments to the Women's Charter.

• Importance of keeping updated with changes in law for better protection and support for victims.