| 12.—(1) Subject to subsection (9), the victim of an alleged contravention of section 3, 4, 5, 6 or 7 may make an application to a court for a protection order. [17/2019] (2) A court may, if it is just and equitable in the circumstances to do so, make a protection order against any individual or entity alleged to have contravened section 3, 4, 5, 6 or 7 in respect of the victim (called in this section the respondent) if it is satisfied on the balance of probabilities that —| (a) | the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim; and | | (b) | the respondent is likely to continue that contravention or to commit another contravention of section 3, 4, 5, 6 or 7 in respect of the victim. [17/2019] |
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(2A) For the purposes of subsection (2)(a), a court is deemed to be satisfied on the balance of probabilities that the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim if —| (a) | the respondent has been convicted of that offence, or any offence specified in the Schedule, in respect of the victim; or | | (b) | the court is satisfied on the balance of probabilities that the respondent has voluntarily caused hurt (within the meaning given by section 321 of the Penal Code 1871) to the victim. [17/2019] |
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(2B) A protection order under subsection (2) may provide for all or any of the following:| (a) | prohibit the respondent from doing any thing in relation to the victim or any related person of the victim, as may be specified in the order; | | (b) | if the likely contravention or likely continuing contravention of section 3, 4, 5, 6 or 7 mentioned in subsection (2)(b) involves an offending communication, require the respondent to stop publishing (before a specified time) the offending communication or to not publish any communication that is substantially similar to the offending communication; | | (c) | refer the respondent, the victim or a related person of the victim (or 2 or more of them) to attend counselling or mediation provided by such body as the court may direct. [17/2019] |
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| (2C) To avoid doubt, a protection order may, under subsection (2B)(a), grant the right of exclusive occupation to the victim of the shared residence or a specified part of the shared residence by excluding the respondent from that shared residence or a specified part of the shared residence, whether or not the shared residence is solely owned or leased by the respondent or jointly owned or leased by the respondent and the victim. [17/2019] |
| (2D) Except so far as the exercise by the respondent of a right to the shared residence is suspended or restricted, or prohibited or restrained, by virtue of an order made under subsection (2C), the order does not affect any title or interest that the respondent or any other person might have in the residence. [17/2019] |
(2E) In addition, where a court is satisfied on the balance of probabilities that —| (a) | the respondent’s contravention involves an offending communication; and | | (b) | any other individual or entity (called in this section a third party) is likely to publish, or continue to publish, the offending communication or any communication that is substantially similar to the offending communication, |
| the court may, if it is just and equitable in the circumstances to do so, make a protection order requiring any third party to stop publishing, by a specified time, or to not publish the offending communication or any communication that is substantially similar to the offending communication. |
[17/2019] |
(2F) Where a court is satisfied on the balance of probabilities that —| (a) | the respondent’s contravention involves an offending communication; and | | (b) | the respondent or a third party has published, or is likely to publish or continue to publish, the offending communication by means of an internet intermediary service provided by an internet intermediary, |
| the court may also, if it is just and equitable in the circumstances to do so, make a protection order requiring the internet intermediary to disable access by end‑users of the service in Singapore, within a specified time, to — |
| (c) | the offending communication; or | | (d) | in the case of a prescribed internet intermediary —| (i) | the offending communication; or | | (ii) | any identical copy of the offending communication. [17/2019] |
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| (3) A protection order under subsection (2), (2E) or (2F) may also include any requirement necessary for or incidental to the proper carrying into effect of the order. [17/2019] |
| (4) A protection order may be made subject to such exceptions or conditions as may be specified in the order. |
(5) An order under this section takes effect in respect of a relevant party —| (a) | when the order is served on the relevant party in such manner as may be prescribed; | | (b) | where the court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by the court; or | | (c) | at such later time as the court may specify. [17/2019] |
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| (6) Subject to subsection (7), a protection order ceases to have effect after such period as the court may specify in the order. [17/2019] |
| (7) The court may, on the application of the victim or a relevant party, vary, suspend or cancel the protection order or extend the duration of the protection order. [17/2019] |
| (8) [Deleted by Act 17 of 2019] |
| (9) For the purposes of this section and section 13, the victim of any contravention of section 3 includes only the person to whom the respondent intended to cause harassment, alarm or distress, and not any other person harassed, alarmed or distressed by that contravention. |
(10) In this section and section 13, “third party” excludes any individual or entity that is likely to publish, or continue to publish, a communication mentioned in subsection (2E) merely by the provision of —| (a) | an internet intermediary service; | | (b) | a telecommunication service; | | (c) | a service of giving the public access to the internet; or | | (d) | a computing resource service. | | Following from Illustration (b) under section 4, Y’s mother may apply for a protection order prohibiting X from gathering with others outside her home and from threatening Y at any location. |
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[17/2019] |
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