Breach of Protection Orders: What Can Victims Do?
In recent years, there has been a growing awareness and concern about domestic violence and the impact it has on the victims. In response to this, many countries have implemented protection orders as a means to safeguard victims and prevent further harm. However, despite these legal measures, breaches of protection orders continue to be a major issue, leaving victims feeling vulnerable and without proper support.
Understanding personal protection orders in Singapore
In Singapore, the law provides for protection of family in cases where family violence has been committed or is likely to be committed against another family member[1]. Where the court finds it necessary for the protection of the family member, a protection order may be granted to restrain the perpetrator of family violence from using family violence. A personal protection order is granted by the Family Justice Courts and serves as a legal tool to protect victims and aims to heal all parties involved.
Family violence is defined in the Women’s Charter 1961 as placing a family member in fear of hurt, causing hurt, confining or restraining a family member against his or her will, or causing continual harassment thereby causing anguish[2].
Personal protection orders can be obtained by those who have or had a family or domestic relationship with the perpetrator. The order typically restrains the offender from engaging in abusive behavior, contacting or approaching the victim, or even entering specific premises[3]. Further, the law also aims to heal the parties involved as the court is empowered to refer the perpetrator and/or the victims to counselling[4]. It is important for victims to understand the process of obtaining a personal protection order, the conditions it imposes, and the recourse available in the event of a breach. By being aware of their rights and the legal measures in place, victims can better protect themselves and seek justice.
Steps to take if protection order is breached
If a personal protection order in Singapore is breached, it is crucial for victims to take immediate action to ensure their safety and hold the perpetrator accountable. The first step is to document the breach by keeping records of any communication, messages, or incidents that violate the terms of the order.
Next, victims should report the breach to the police, providing them with all the necessary evidence. It is recommended to inform the Family Justice Courts as well, as they can provide guidance and support throughout the process. In addition, victims should consider seeking legal advice to explore options such as filing for contempt of court or requesting a variation of the order to strengthen their protection.
Seeking legal assistance and support
In navigating the complexities of a breach of a personal protection order in Singapore, victims may find it beneficial to seek legal assistance and support. Consulting with an experienced family law attorney who specializes in domestic violence cases can provide valuable guidance and ensure that victims are aware of their legal rights and options.
An attorney can help victims understand the legal processes involved, assist in gathering evidence, and advocate on their behalf in court. Moreover, legal professionals can provide emotional support, offer resources for counseling and therapy, and connect victims with other support services aimed at assisting them in rebuilding their lives. Seeking legal assistance and support is an important step towards empowering victims and securing the protection they deserve.
Importance of documenting evidence
Documentation of evidence plays a crucial role in cases involving a breach of a personal protection order in Singapore. By carefully documenting incidents of harassment, threats, or any violation of the protection order, victims can strengthen their case and provide a compelling record of the abuser’s behavior. This evidence can be pivotal in obtaining legal protection, enforcement of the order, and ensuring the safety of the victim.
Documentation can take various forms, including written accounts, photographs, videos, or audio recordings. It is essential for victims to promptly document each incident, noting dates, times, locations, and any other relevant details. This comprehensive and organized documentation can serve as a powerful tool in court, providing a clear and concise account of the violations and increasing the chances of obtaining the necessary legal remedies for protection and justice.
In conclusion, victims of a breached of protection orders have options and resources available to them. It is important for victims to know their rights and seek support from law enforcement and victim advocacy organizations. By taking proactive steps and seeking help, victims can ensure their safety and hold perpetrators accountable. No one should have to live in fear or endure repeated violations of protection orders. It is crucial for society to continue to advocate for and protect victims of domestic violence.
[1] Section 65(1) of the Women’s Charter 1961 (“WC”)
[2] Section 64 of the WC
[3] Section 65(5)(a) of the WC
[4] Section 65(5)(b) of the WC