Family Violence Bill

“alternative residence” means the premises or accommodation which a person is or has been compelled to seek or move into as a result of family violence;

“applicant” refers to the party who applies for a Protection Order or in the case where the application is made by the persons referred to in section 4(2), the child or incapacitated person on whose behalf the application is made;

“counselling body” includes bodies providing counselling services set up under or approved by the relevant Ministry for the purposes of this Act;

“court” means the Magistrate Court or the District Court;

“enforcement officer” means a police officer or a welfare officer or any other designated officer appointed by the Minister to carry out the duties under section 20;

“family member” means —

“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, ill-health or old age;

“Protection Order” means an order issued under section 4 or 5;

“respondent” refers to the party against whom a Protection Order is sought or made;

“shelter” means any home or institution maintained or managed by the relevant Ministry or by any other agency or voluntary organisation approved by the Minister for the purposes of this Act or any other suitable place the occupier of which is willing to receive the family member temporarily; and

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

For the purposes of this Act, subject to subsection (2),

“family violence” means any of the following acts:

Family violence does not include force lawfully used in self defence, or by way of correction towards a child below 21 years of age.

The court may issue a Protection Order restraining a person from committing family violence against his family member where it is satisfied on a balance of probabilities that family violence has been or is likely to be committed by that person against that family member.

In the case of a child below 21 years of age or an incapacitated person, an application for a Protection Order may be filed by a guardian or relative or person responsible for the care of such child or incapacitated person, as the case may be, or by an enforcement officer.

An order made under this section may be made subject to such exceptions or conditions as may be specified in the order and for such a term as may be specified.

The court in making a Protection Order may include a provision that the respondent may not incite or assist any other person to commit family violence against the applicant.

Where, upon an application for a Protection Order, the court is satisfied that there is imminent danger of family violence being committed against the applicant, the court may make the orders under section 4(1) notwithstanding —

An Expedited Order shall not take effect until the date on which the order is served on the respondent in such manner as may be prescribed or, if the court specifies a later date as the date on which the order is to take effect, that later date.

An Expedited Order shall cease to have effect on whichever of the following dates occurs first:

Notwithstanding subsection (3), the court may extend the duration of the Expedited Order.

The court may make such orders as it considers necessary and expedient to give effect to the Protection Order and/or to safeguard the interests of the applicant including, but not limited to the following orders:

An order made under paragraph (1)(a) or (b), shall not affect any title or interest that the respondent or any other person might have in the premises concerned except to the extent that the respondent is excluded from or prohibited or restrained from entering the said premises.

The court may, if it is satisfied on a balance of probabilities that the respondent has committed family violence and is likely to do so again, attach a power of arrest to the Protection Order, whether at the time of making the order or any time thereafter.

If a power of arrest is attached by virtue of subsection (1), a police officer may arrest the respondent without a warrant of arrest when he has reasonable cause to believe that the respondent is in breach of any order made under section 4, 5 or 6.

Any person who commits an act of family violence against his family member shall be guilty of an offence and shall be liable on conviction —

In addition to the above penalties, the court shall, unless there are exceptional circumstances, require or order the offender to undergo counselling treatment provided by a counselling body on such terms or in such manner as the court shall direct.

Upon information being received at a police station relating to the commission of an offence under section 9 or 10 the same shall be investigated by the police who shall have the following powers:

Subject to section 14, where the Public Prosecutor or the officer acting on his behalf is satisfied that there is sufficient evidence to prosecute any person under Part III, process shall be issued to the said person charging him with the relevant offence and requiring him to attend court to answer such charge.

Subject to subsection (3), the Public Prosecutor or the officer authorised by the Public Prosecutor to act on his behalf under the Criminal Procedure Code [Cap. 68] may, in his discretion, notwithstanding that there is sufficient evidence to prosecute a person for an offence under section 9, inform such person that he will not be prosecuted if he —

The Public Prosecutor or the authorised officer shall not prosecute a person who agrees to undergo counselling under subsection (1) if the person complies with the conditions specified in subsection (1).

Subsection (1) shall not apply if the said person has or has had:

Any person who has reason to believe that family violence is being or has been committed or has been threatened or is likely to be committed may give information in respect thereof to an enforcement officer.

No person who gives any such information in good faith shall incur any liability for defamation or otherwise in respect of the giving of such information.

The duties of an enforcement officer shall include the following:

An enforcement officer who is also a police officer shall have the following additional duties:

All enforcement officers shall be deemed to be public servants for the purposes of the Penal Code.

The Minister may make regulations for the purpose of carrying into effect the provisions of this Act.

Without prejudice to the generality of subsection (1), such regulations may provide for —

Subject to subsection (2), sections 68, 69 and 70 of the Women’s Charter are repealed.

In respect of any proceedings instituted under sections 68 and 69 of the Women’s Charter before the date of commencement of this Act, sections 68 and 69 shall continue to apply as if they had not been repealed by this Act.