Women’s Charter 1961 - Singapore Statutes Online

Interpretation of this Part

64. In this Part, unless the context otherwise requires —

“applicant” means the person who applies for a protection order or, where the application is made by a guardian, relative or person mentioned in section 65(2)(b), or by an individual mentioned in section 65(2)(c), the family member on whose behalf the application is made;

“expedited order” means an order made under section 66(1);

“family member”, in relation to a person, means —

(a)	a spouse or former spouse of the person;
(b)	a child of the person, including an adopted child and a stepchild;
(c)	a father or mother of the person;
(d)	a father-in-law or mother-in-law of the person;
(e)	a brother or sister of the person; or
(f)	any other relative of the person or an incapacitated person who in the opinion of the court should, in the circumstances, in either case be regarded as a member of the family of the person;

“family violence” means the commission of any of the following acts:

(a)	wilfully or knowingly placing, or attempting to place, a family member in fear of hurt;
(b)	causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
(c)	wrongfully confining or restraining a family member against his or her will;
(d)	causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member,

but does not include any force lawfully used in self‑defence, or by way of correction towards a child below 21 years of age;

“hurt” means bodily pain, disease or infirmity;

“incapacitated person” means a person who is wholly or partially incapacitated or infirm, by reason of physical or mental disability or ill health or old age;

“protected person” means a person who is protected under a protection order;

“protection order” means an order made under section 65;

“relative” includes a person who is related through marriage or adoption;

“shared residence” means the premises at which the parties are, or have been, living together as members of the same household.

[27/2014; 7/2016]

Protection order

65.—(1) The court may, upon satisfaction on a balance of probabilities that family violence has been committed or is likely to be committed against a family member and that it is necessary for the protection of the family member, make a protection order restraining the person against whom the order is made from using family violence against the family member.

(2) An application for a protection order under this section, or for an expedited order under section 66, may be made —

(a)

by the family member concerned, if that family member is not below 21 years of age and is not an incapacitated person;

(b)

by a guardian or relative or person responsible for the care of the family member concerned, or by any person appointed by the Minister for the purposes of this paragraph, if that family member is below 21 years of age or is an incapacitated person; or

(c)

despite paragraphs (a) and (b), by an individual below 21 years of age who is married or has been previously married, if the family member concerned is —

(i)	the individual;
(ii)	the individual’s child (including an adopted child or a stepchild) below 21 years of age; or
(iii)	a relative below 21 years of age whom the individual is responsible for the care of. [7/2016]

(3) A protection order may be made subject to such exceptions or conditions as may be specified in the order and for such term as may be specified.

(4) The court, in making a protection order, may include a provision that the person against whom the order is made may not incite or assist any other person to commit family violence against the protected person.

(5) A protection order may, where the court is satisfied on a balance of probabilities that it is necessary for the protection or personal safety of the applicant, provide for such orders as the court thinks fit having regard to all the circumstances of the case, including any one or more of the following orders:

(a)	the granting of the right of exclusive occupation to any protected person of the shared residence or a specified part of the shared residence by excluding the person against whom the order is made from the shared residence or specified part thereof, regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties;
(b)	referring the person against whom the order is made or the protected person, or both, or their children to attend counselling provided by such body as the court may direct;
(c)	the giving of any such direction as is necessary for and incidental to the proper carrying into effect of any order made under this section. [7/2016]

(6) Except so far as the exercise by the person against whom a protection order is made of a right to the shared residence is suspended or restricted, or prohibited or restrained, by virtue of an order made under subsection (5), such order does not affect any title or interest that the person against whom the order is made or any other person might have in the residence.

(7) Where a person against whom a protection order or an expedited order has been made contravenes the order, the court may, in addition to any penalty provided for under subsection (8), make (as the case may be) any one or more of the orders under subsection (5), to commence from such date as is specified in that new order.

(8) Any person who wilfully contravenes a protection order or an expedited order or an order made by virtue of subsection (5), except an order made by virtue of subsection (5)(b), shall be guilty of an offence and shall be liable on conviction —

(a)	to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b)	in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(9) Subsection (10) applies to a protection order or an expedited order or an order made by virtue of subsection (5), except an order made by virtue of subsection (5)(b), if the order relates to a vulnerable adult.

[27/2018]

(10) Any person who wilfully contravenes an order mentioned in subsection (9) shall be guilty of an offence and shall be liable on conviction —

(a)	to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)	in the case of a second or subsequent conviction, to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 18 months or to both. [27/2018]

(11) An offence under subsection (8) or (10) is deemed to be an arrestable offence within the meaning of the Criminal Procedure Code 2010.

[27/2018]

[Act 18 of 2023 wef 31/01/2024]

(12) In this section, “vulnerable adult” has the meaning given by section 2 of the Vulnerable Adults Act 2018.

[27/2018]

Writ for nullity of marriage

104. Any husband or wife may file a writ claiming for a judgment of nullity in respect of his or her marriage.

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