Singapore’s Legal Protections: POHA Protection Orders (PO) vs. Family Violence (PPO)

_“Have you ever felt threatened or unsafe, but weren’t sure which legal protection to seek in Singapore?” _

You’re not alone.

Many people confuse Protection Orders (PO) under POHA with Personal Protection Orders (PPO) for family violence, often using these terms interchangeably.

At Guardian Law, we’re here to clear the confusion. This guide will break down the key differences between POHA Protection Orders and Family Violence Protection Orders (PPO), including their various sub-categories (e.g., Expedited Orders (EOs), Non-Publication Directions (NPDs), Domestic Exclusion Orders (DEOs)).

Understanding these distinctions is crucial for getting the right protection. Let’s demystify Singapore’s legal safeguards and empower you to make informed decisions about your safety.

💡 Quick Tip!

POHA orders protect against general harassment, while PPOs specifically address family violence. Knowing this difference is your first step towards choosing the right legal protection.

Protection Orders under POHA (Protection from Harassment Act)

The Protection from Harassment Act (POHA) offers a range of legal remedies to protect individuals from harassment, including those that occur outside family relationships. Let’s break down the key aspects of Protection Orders under POHA:

Definition and Purpose:

A Protection Order (PO) under POHA is a legal directive aimed at stopping harassment, alarm, or distress caused by another person. Unlike Personal Protection Orders (PPOs), POs can be issued against anyone, not just family members.

Types of Protection Orders under POHA

1. Protection Order (PO): An order that prohibits the harasser from continuing harassing behaviour.
2. Expedited Protection Order (EPO): A temporary order granted in urgent cases, providing immediate protection while waiting for the hearing of the main PO application.
3. Non-Publication Direction (NPD): An order to stop the publication of harassing communications.
4. Stop Publication Order (SPO): Directs the removal of already published harassing communications.

Who Can Apply and Against Whom

**Who can apply? **

Anyone who has been a victim of harassment can apply for a PO under POHA. Below are some examples:

• Individuals facing cyberbullying

  If someone is being harassed online through threatening messages or malicious posts.

• Victims of stalking

  Someone who is being followed or repeatedly contacted against their will.

• Targets of doxxing

  If personal information is maliciously shared online to intimidate or harass.

• Persons experiencing workplace harassment

  If a colleague is making unwanted advances or threats.

  Against whom?

  POs can be filed against a wide range of individuals. Below are some examples:

• Strangers

  A person who repeatedly follows you home from work, or someone who sends threatening messages on social media without any prior relationship.

• Colleagues

  Co-worker who makes unwanted sexual advances or a supervisor who constantly belittles and intimidates you in the workplace.

• Acquaintances

  A neighbour who repeatedly engages in noise harassment or intentionally leaves items in the corridor to annoy you.

• Online harassers

  This could include anonymous users who leave abusive comments on your blog, or someone using a fake social media account to send threatening messages. Even if the harasser is anonymous, they can be identified by a unique identifier like an Internet location address (i.e. IP address), website, username, account, or email address.

• Ex-partners (non-family members)

  _An ex-boyfriend or ex-girlfriend who continues to stalk or harass you after the relationship has ended. This could include cases of revenge porn, where an ex-partner distributes intimate images or videos without consent as a form of retaliation or control. _

  For more information on this serious issue, read our article on revenge porn in Singapore and learn how to protect yourself and take action.

Understanding these aspects of POHA Protection Orders is crucial for anyone seeking legal protection from harassment in Singapore

🔍 Key Insight

Unlike Personal Protection Orders (PPOs) which are limited to family members, POHA Protection Orders can be issued against anyone causing harassment, regardless of their relationship to the victim. This makes POs a versatile tool for addressing various forms of harassment in Singapore.

For a deeper dive into POHA and its applications, read more here.

Family Violence Protection Orders

While POHA Protection Orders address general harassment, Family Violence Protection Orders specifically tackle domestic abuse. Let’s explore these crucial safeguards:

Definition and Purpose:

Family Violence Protection Orders are legal directives designed to protect individuals from violence or threats of violence within family relationships. These orders aim to create a safe environment for victims and prevent further abuse.

Types of Orders under the Women’s Charter

1. Personal Protection Order (PPO): The primary order that prohibits family violence against the victim.
2. Expedited Order (EO): A temporary order granted in urgent cases, providing immediate protection while waiting for the PPO hearing.
3. Domestic Exclusion Order (DEO): Excludes the abuser from the shared residence, either entirely or from specific parts.
4. Counselling Order (CGO): Requires the abuser, victim, or both to attend counselling sessions.

Who Can Apply and Against Whom

Who can apply?

Family members who are experiencing violence or threats of violence. Below are some examples:

• Spouses or ex-spouses

  A wife or husband facing physical abuse from their spouse, or a divorced man being threatened by his ex-wife.

• Children (including adopted and step-children)

  A teenager experiencing emotional abuse from a parent, or an adult child being financially exploited by his parents.

• Parents

  An elderly parent being neglected or abused by their adult child.

• Siblings

  A sister being stalked or threatened by her brother.

• Other relatives

  A niece facing harassment from an uncle living in the same household.

Against whom?

PPOs can only be filed against family members. Below are some examples:

• Current or former spouse

  Such as a husband who is physically abusive or an ex-wife who is making violent threats.

• Children

  An adult child who is verbally abusive to their parents.

• Parents or parents-in-law

  A father-in-law who is emotionally abusive to his daughter-in-law.

• Siblings

  A brother who is physically threatening his sister.

• Any other relative

  Such as a cousin who is living in the same household and engaging in abusive behaviour.

❗ Important Note

Family Violence Protection Orders are specifically designed for domestic situations. Unlike POHA Protection Orders, they cannot be used against individuals outside the family unit, regardless of the severity of harassment or threats.

Explore more about Family Violence PPOs and their impact in our article here.

Key Differences Between POHA Orders and Family Violence Orders

Understanding the differences between Protection Orders (POs) under POHA and Family Violence Protection Orders (PPOs) is crucial. The infographic below will clarify the key aspects of each order:

Scenarios Examples: When to Use Each Type of Order

POHA Protection Orders:

Some examples include:

1. Cyberbullying: A student is receiving threatening messages on social media from anonymous accounts.
2. Doxxing: An individual’s personal information is being shared online without consent, leading to harassment.
3. Stalking: A woman is being followed and watched by a jilted ex-boyfriend, making her feel unsafe.
4. Workplace Harassment: An employee is facing repeated unwanted advances from a colleague.
5. Verbal Abuse: A neighbour is constantly shouting insults and threats across the corridor or fence.

💡 Pro Tip!

While you can file a PO application yourself, consulting a lawyer can significantly guide you through the process and increase your chances of success.

Family Violence Protection Orders:

Some examples include:

1. Physical Abuse: A spouse is physically harming their partner during arguments.
2. Emotional/Psychological Abuse: A parent is manipulating and belittling their child, causing emotional harm.
3. Sexual Abuse: An adult child is being sexually abused by a family member.
4. Financial Exploitation: An elderly parent is being coerced into giving money to their adult child.
5. Domestic Conflict: A family member is creating a hostile environment through intimidation and control.

Understanding these key differences will help you navigate the legal system more effectively and seek the most appropriate protection for your situation.

Application Process and Legal Proceedings

Understanding how to apply for protection orders is crucial for ensuring your safety and legal rights. Here’s a guide for each type of order:

POHA Protection Orders (PO)

1. Gather Evidence:
   • Collect all relevant evidence, such as screenshots, messages, emails, or witness statements.
   • Thoroughly document each incident, noting specific dates, times, and locations.
   • Organise your evidence chronologically to present a clear timeline of events.
2. File an Application:
   • Submit your application at the Protection from Harassment Court.
   • Applications can be filed in-person or online through the court’s website. Visit the official Singapore Courts website for forms and instructions.
   • Ensure all forms are filled out accurately and completely to avoid delays.
3. Court Proceedings:
   • Attend a hearing where both parties can present their cases.
   • Be prepared to provide testimony and present your evidence to the judge.
   • The judge will review the evidence and decide whether to issue a Protection Order based on the merits of the case.
4. Post-Hearing:
   • If a Protection Order is granted, ensure you understand its terms and conditions.
   • Keep a copy of the order with you at all times.
   • Report any violations of the order to the authorities immediately.

Family Violence Protection Orders (PPO)

1. Prepare Documentation:
   • Provide a detailed affidavit outlining incidents of violence or threats.
   • Include supporting documents such as medical reports, police reports, or photographs of injuries.
   • Clearly describe the impact of the violence on your safety and well-being.
2. Submit Your Application:
   • File your application at the Family Justice Courts.
   • Ensure all necessary forms are completed accurately and include all required documentation.
   • Seek assistance from court staff if you need help with the application process.
3. Interim Measures:
   • In urgent cases, apply for an Expedited Order (EO) to receive immediate protection.
   • This temporary order provides safety until the full hearing can take place.
   • Clearly articulate the urgency and immediate danger in your application for an EO.
4. Court Hearing:
   • Attend a hearing where both parties can present their cases.
   • Be prepared to provide detailed testimony and present evidence supporting your claims.
   • The court will evaluate all evidence and testimonies before deciding on issuing a Personal Protection Order (PPO).
5. Post-Hearing:
   • If a PPO is granted, ensure you understand its terms and conditions.
   • Keep a copy of the order with you at all times.
   • Report any violations of the order to the authorities immediately.

Documentary Proof for Protection Orders

POHA Protection Orders

When applying for a POHA Protection Order, gathering comprehensive evidence is crucial to support your case. Here’s what you need:

• Digital Evidence:
  • Screenshots of threatening messages or emails.
  • Social media posts or comments that demonstrate harassment.
• Witness Statements:
  • Statements from individuals who have witnessed the harassment.
• Communication Records:
  • Logs of phone calls or text messages showing patterns of harassment.
• Incident Documentation:
  • Detailed records of each incident, including dates, times, and locations.

Family Violence Protection Orders

For Family Violence Protection Orders, providing detailed documentation is essential:

• Medical Reports:
  • Documentation of injuries sustained due to violence.
• Police Reports:
  • Reports filed with the police detailing incidents of family violence.
• Photographic Evidence:
  • Photos of injuries or property damage resulting from violence.
• Affidavits:
  • Sworn statements detailing incidents of violence or threats.
• Correspondence:
  • Emails, letters, or text messages that demonstrate abusive behaviour.

Having thorough and organised documentation can strengthen your application and improve the likelihood of obtaining a protection order. For assistance in preparing your application, consider consulting with a legal professional.

Enforcement and Penalties

Ensuring compliance with protection orders is crucial for the safety of victims. Here’s how enforcement works and the penalties offenders may face:

POHA Protection Orders

🚨 Enforcement

The Protection from Harassment Court actively monitors compliance. Victims should report any violations immediately.

⛔ Penalties

For failure to comply with a Protection Order (PO) or Expedited Protection Order (EPO), the offender may be imprisoned for a term not exceeding 6 months, a fine not exceeding S$5,000 or both.

Family Violence Protection Orders

🚨 Enforcement

The Family Justice Courts oversee these orders. Violations should be reported to the police, who can take immediate action.

⛔ Penalties

Non-compliance with a Personal Protection Order (PPO) or Expedited Order (EO) may result in a fine not exceeding S$2,000, imprisonment of up to 6 months or both.

Repeated non-compliance can lead to enhanced penalties. For each instance of non-compliance, offenders face a fine not exceeding S$5,000, imprisonment of up to 12 months or both.

⚠️ Important Note!

Always keep a copy of your protection order with you and report any breaches immediately to ensure your safety and legal rights are upheld.

How Guardian Law Can Help You

At Guardian Law, we specialise in navigating the complexities of protection orders to ensure your safety and peace of mind. Here’s how we can assist:

• Identify the Right Protection: Our lawyers will help you determine which Protection Order best suits your situation.
• Comprehensive Application Support: We guide you through every step of the application process, ensuring all forms and evidence are meticulously prepared.
• Court Representation: Our experienced lawyers will advocate on your behalf in court, presenting a strong case to secure the necessary protection.
• Ongoing Legal Guidance: We provide continuous support and advice, helping you understand and enforce your protection order effectively.

Conclusion

Understanding the differences between POHA and Family Violence Protection Orders is crucial for securing the right legal protection. Each type of order serves a distinct purpose and applies to different situations.

Need Help?

Frequently Asked Questions

What is a POHA Protection Order?

A POHA Protection Order is a legal measure under the Protection from Harassment Act designed to protect individuals from harassment, including cyberbullying, doxxing, and stalking.

Who can apply for a POHA Protection Order?

Anyone experiencing harassment can apply for a POHA Protection Order, regardless of their relationship with the harasser, by submitting an application to the Protection from Harassment Court.

What types of harassment are covered under POHA?

The POHA covers various forms of harassment such as cyberbullying, doxxing, stalking, verbal abuse, and emotional distress, providing victims with legal recourse.

What is a Family Violence Protection Order?

A Family Violence Protection Order is a legal directive under the Women's Charter aimed at protecting family members from domestic violence, including physical and emotional abuse.

Who can apply for a Family Violence Protection Order?

Only family members experiencing violence or threats from other family members can apply for this order through the Family Justice Courts.

What types of violence are covered under Family Violence Protection Orders?

These orders address physical abuse, emotional or psychological abuse, and sexual abuse within family relationships to ensure victim safety.

Where do I apply for a POHA Protection Order?

Applications for POHA Protection Orders can be submitted either in-person or online at the Protection from Harassment Court.

Where do I apply for a Family Violence Protection Order?

To apply for a Family Violence Protection Order, you need to file your application at the Family Justice Courts with the necessary documentation.

What are the penalties for violating a POHA Protection Order?

Violating a POHA Protection Order can result in fines up to SGD 5,000 or imprisonment up to 6 months for first offences, with harsher penalties for repeat violations.

What are the penalties for violating a Family Violence Protection Order?

Offenders who violate a Family Violence Protection Order may face criminal prosecution, fines, imprisonment up to 12 months, or both, depending on the severity of the violation.