Protection orders ensure harassment victims are safe from any future incidents. The accused cannot violate the victim in any form hereafter by law. The order also includes any mediation or counselling instructions for the victim or the perpetrator. The Protection governs it from Harassment Act (POHA).
When to apply for a protection order?
There are three necessary criteria to satisfy for a protection order –
- The perpetrator must have committed acts of harassment falling under sections 3,4,5,6 or 7 of the POHA.
- The victim is in danger of repeated attacks from the perpetrator.
- The court agrees that granting a protection order is justified.
Steps to apply for a protection order
Step 1. Pre-filing assessment
A pre-filing assessment becomes mandatory if you apply for a protection order on your own (that is, without a lawyer).
You will approach the State Courts, where you understand the process and requirements for a protection order.
Once the assessment is over, an Assessor is assigned to you.
You require the following documents in the evaluation –
- NRIC or any government-approved personal identification.
- Evidence about the harassment incident, including photographs, emails, websites, etc.
- Police or medical report (if any)
In case an attorney represents you, you need not undergo the pre-filing assessment.
Your lawyer should already know the matter. Hence, you will be in an informed position to proceed.
Step 2. Filling the application
You need to apply for a protection order with the State Courts.
The necessary documents are –
- Ex Parte Originating Summons (OS) – Form 235_Ex-Parte Originating Summons for PO or EPO
- Supporting Affidavit (SA) – Form 236_Affidavit for PO or EPO
The forms are available on the courts' websites.
It would help if you affirmed that the affidavits are accurate to your knowledge before a Commissioner for Oaths.
The swearing process can be done at the Central Registry for a fee of $15.
Once you have the documents ready, you can file them at the eLitigation portal. Your lawyer can complete the process on your behalf.
Save a copy of the OS and SA to serve a copy to the alleged perpetrator. Finally, you have informed the party regarding a court order against them.
File an Affidavit of Service within eight days from serving your documents.
Step 3. Pre-Trial Conference
The pre-trial conference takes place before a judge within three to four weeks from your date of filing.
The meeting must include both the parties where the trial hearing dates and the timeline can be decided.
During the sessions, the judge may suggest alternatives to the protection order.
However, they are not binding, and the matter proceeds to court if mediation cannot resolve it.
Step 4. Court Hearing
The trial is where both parties present your statements along with evidence and witnesses.
Follow the recommended format while organizing the evidence.
The judge passes the verdict and decides on the protection order based on the evidence presented in court.
Step 5. Serving the order to the perpetrator
If the court grants PO, you need to serve it to the accused. Following the service, it becomes effective.
Call to Action
You can find out more about protection orders by filling the form on our website.
Sources:
https://www.statecourts.gov.sg/cws/FillingForHarassment/Pages/List-of-Forms.aspx
https://www.mlaw.gov.sg/news/press-releases/enhancements-to-the-protection-from-harassment-act-poha
Download Singapore Protection from Harassment Act PDF
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