Singapore legislation

Clause 12

of Protection from Harassment Bill

Clause 12

Protection order

(1)

Subject to subsection (9), the victim under section 3, 4, 5, 6 or 7 may make an application to the District Court for a protection order.

(2)

A District Court may make a protection order 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; (b)the contravention referred to in paragraph (a) is likely to continue, or the respondent is likely to commit a contravention of section 3, 4, 5, 6 or 7 in respect of the victim; and

(c)

it is just and equitable in all the circumstances.

(3)

Subject to section 21(1), a protection order may be made under subsection (2) for all or any of the following purposes:

(a)

in the case of a likely contravention or likely continuing contravention of section 3, 4, 5, 6 or 7, prohibiting the respondent from doing any thing in relation to the victim or (in the case of section 7) any related person, as may be specified in the order;

(b)

in the case of a likely contravention or likely continuing contravention of section 3, 4, 5, 6 or 7 involving an offending communication, requiring that no person shall publish or continue to publish the offending communication;

(c)

referring the respondent or the victim or both to attend counselling or mediation provided by such body as the District Court may direct;

(d)

the giving of any direction as is necessary for and incidental to the proper carrying into effect of any order made under paragraph (a), (b) or (c).

(4)

A protection order may be made subject to such exceptions or conditions as may be specified in the order.

(5)

An order under subsection (3)(b) and any direction under subsection (3)(d) made with respect to that order shall take effect in respect of the person to whom such order or direction applies —

(a)

from the date when such order or direction, as the case may be, is served on him in such manner as may be prescribed;

(b)

where the District Court dispenses with the service of such order or direction, from the date when the service on him of such order or direction, as the case may be, is dispensed with by the District Court; or

(c)

such later date as the District Court may specify.

(6)

Subject to subsection (7), a protection order shall cease to have effect after such period as the District Court may specify in the order.

(7)

The District Court may, on the application of the victim or any person to whom the protection order applies, vary, suspend or cancel the protection order or extend the duration of the protection order.

(8)

Any person (except the respondent) to whom an order under subsection (3)(b) applies shall not be subject to any civil liability under any rule of law or contract for any act done for the purpose of complying with any order under subsection (3)(b).

(9)

For the purposes of this section and section 13, the victim of any contravention of section 3 shall include 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.