Restraining Order Singapore: A Comprehensive Guide to Protection, Costs, and Legal Procedures

Introduction

A restraining order is a civil court order that prohibits one person from contacting or harming another. It is a legal tool designed to protect victims of harassment, stalking, domestic violence, or other forms of abuse. In Singapore, restraining orders are governed by the Protection from Harassment Act (POHA).

Types of Restraining Orders in Singapore

There are three types of restraining orders in Singapore:

1. Interim Protection Order (IPO): An IPO is a temporary order that can be granted before a full hearing on a Protection Order Application (POA). It typically lasts for 28 days.
2. Protection Order (PO): A PO is a longer-term order that can be granted for up to 2 years. It can be renewed for additional periods if necessary.
3. Personal Protection Order (PPO): A PPO is a specialized type of PO that is specifically designed to protect vulnerable individuals, such as children, the elderly, and the disabled.

Grounds for Applying for a Restraining Order

To apply for a restraining order, you must prove to the court that you have been the victim of harassment, stalking, or other forms of abuse. The grounds for applying for a restraining order under POHA include:

• Physical harm: This includes any act of violence or physical abuse, such as assault, battery, or sexual assault.
• Emotional harm: This includes any act or conduct that causes mental or emotional distress, such as stalking, intimidation, or threats.
• Property damage: This includes any act of damage or destruction to property, such as vandalism or arson.
• Cyberbullying: This includes any form of online harassment or abuse, such as sending threatening emails, posting malicious comments, or spreading false rumors.

How to Apply for a Restraining Order

To apply for a restraining order, you must file a Protection Order Application (POA) with the Family Justice Courts. You can do this in person, by mail, or online. The POA must include the following information:

• Your name and contact information
• The name and contact information of the person you are seeking protection from
• The grounds for your application
• The relief you are seeking, such as an IPO or PO

Costs of Obtaining a Restraining Order

There is no filing fee for applying for a restraining order in Singapore. However, there may be other costs associated with the process, such as:

• Legal fees: If you choose to hire a lawyer to assist you with your application, you will need to pay their fees.
• Court costs: You may need to pay court costs, such as the cost of filing your application and serving notice to the other party.
• Expert fees: If you need to present expert testimony to support your application, you will need to pay the expert's fees.

Legal Procedures for Obtaining a Restraining Order

The legal procedures for obtaining a restraining order in Singapore typically involve the following steps:

1. File a Protection Order Application (POA)
2. Serve notice to the other party
3. Attend a hearing
4. Receive a decision from the court
5. Enforce the restraining order

Enforcement of Restraining Orders

It is important to note that a restraining order is only effective if it is enforced. If the person subject to the order violates its terms, you can report the violation to the police. The police may then arrest the person and charge them with a crime.

Tips for Obtaining a Restraining Order

Here are some tips for obtaining a restraining order in Singapore:

• Gather evidence: Collect any evidence that you have of the harassment, stalking, or other abuse you have experienced. This may include emails, text messages, voicemails, or photographs.
• Seek professional help: If you have been the victim of abuse, it is important to seek professional help from a therapist or counselor. They can provide you with support and guidance as you navigate the legal process.
• Be prepared to testify: You may need to testify in court about the abuse you have experienced. Be prepared to answer questions about the facts of the case and your reasons for seeking a restraining order.

Common Mistakes to Avoid

Here are some common mistakes to avoid when applying for a restraining order in Singapore:

• Filing an application without evidence: You must provide evidence to support your grounds for seeking a restraining order. If you do not have any evidence, your application is unlikely to be successful.
• Failing to serve notice to the other party: You must serve notice of your application to the person you are seeking protection from. If you do not serve notice, the court may not grant a restraining order.
• Violating the terms of the restraining order: If you violate the terms of a restraining order, you may be charged with a crime. It is important to follow the terms of the order carefully.

Conclusion

A restraining order can be a valuable tool for protecting victims of harassment, stalking, or other forms of abuse. If you have been the victim of such abuse, you should consider applying for a restraining order. The process of obtaining a restraining order can be complex, but it is important to remember that you are not alone. There are resources available to help you through the process.