Regulation 1
Citation and commencement
These Rules are the Family Justice (Protection from Harassment) Rules 2024 and come into operation on 15 October 2024.
/akn/sg/act/sub_leg/2014/FJA-S721-2024
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Family Justice (Protection from Harassment) Rules 2024 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation FJA-S721-2024 2014, currently marked in force and first recorded in 2014.
Part 1
Citation and commencement
These Rules are the Family Justice (Protection from Harassment) Rules 2024 and come into operation on 15 October 2024.
Definitions
In these Rules —
“common party”, in relation to any PH proceedings, means a person who is a party in both the PH proceedings and family proceedings related to the PH proceedings;
“expedited protection order” means an order made under section 13 of the Act;
“false statement order” means a correction order, a disabling order, a general correction order, a stop publication order or a targeted correction order;
“General Rules” means the Family Justice (General) Rules 2024 (G.N. No. S 720/2024);
“intended relevant party”, in relation to any PH proceedings, means any person against whom a claim is made, or an order is sought, in the PH proceedings;
“interim false statement order” means an interim disabling order, an interim notification order, an interim stop publication order or a targeted interim notification order;
“party”, in relation to any PH proceedings, includes an individual or entity against whom an order is sought in the PH proceedings;
“PH proceedings” means civil proceedings for orders under Part 3 of the Act and excludes claims under section 11 of the Act;
“proper address” means —
in the case of a natural person, the person’s usual or last known address or the business address of the person’s solicitor; or
in the case of an entity, its registered or principal office or, if none exists, its last known place of business or its solicitor’s address;
In these Rules —
the following words have the same meanings as in section 2(1) of the Act: “author”, “communication”, “correction order”, “court”, “disabling order”, “entity”, “general correction order”, “interim disabling order”, “interim notification order”, “interim stop publication order”, “internet intermediary”, “internet intermediary service”, “offending communication”, “Protection from Harassment Court”, “publish”, “relevant party”, “statement”, “stop publication order”, “targeted correction order” and “targeted interim notification order”; and
family proceedings are related to PH proceedings if —
both of those proceedings involve any common issue of law or fact; or
the rights to relief claimed in both those proceedings are in respect of the same conduct or course of conduct.
The Forms to be used for the purposes of these Rules are those set out in practice directions (as defined in the General Rules), and any reference in these Rules to a numbered form (where the number may include alphanumeric characters) is to be construed as a reference to the current version of the form bearing the corresponding number which is set out in the practice directions.
Application of General Rules
Subject to paragraphs (2) and (3), the General Rules apply, with the necessary modifications, to all PH proceedings in the Family Courts or appeals from such proceedings, and for this purpose a reference to “these Rules” in the General Rules includes a reference to these Rules.
Parts 2, 3, 11, 12, 13, 20 and 25 (Rule 6) of the General Rules do not apply to PH proceedings.
These Rules prevail over the provisions of the General Rules to the extent of any inconsistency between them.
Part 2
Application for permission to commence PH proceedings in Family Court
An application for permission to commence any PH proceedings pursuant to section 16I(2)(c) of the Act must be made to the Family Court by originating application in Form 185.
The originating application must be served in accordance with the direction (if any) of the Family Court for service on a party or an individual or entity mentioned in paragraph (3)(c) or (d).
An application for permission in paragraph (1) must be supported by an affidavit in Form 186, or by a simplified form in the relevant Form annexed to the application —
identifying the PH proceedings that the party seeking permission wishes to commence in the Family Court;
identifying the pending family proceedings which are related to the PH proceedings;
stating the name and address of the party in the family proceedings against whom the PH proceedings are intended to be commenced;
stating the names and addresses of all other individuals or entities against whom an order is sought under the PH proceedings, if any; and
stating the reasons why it is just, expeditious and economical for the disposal of the PH proceedings and the pending family proceedings that the PH proceedings be commenced in the Family Court.
For the purposes of paragraph (3)(b), the affidavit or simplified form (as the case may be) must state how the pending family proceedings are related to the PH proceedings and, in particular —
state whether the PH proceedings and the pending family proceedings involve any common issues of law or fact, and the extent of those common issues;
state whether, and to what extent, the rights and reliefs claimed in the PH proceedings and the pending family proceedings are in respect of the same conduct or course of conduct;
state whether the party seeking permission has duly served the originating process of the pending family proceedings on all other parties in those proceedings or been served with the originating application (as the case may be), and provide evidence of the service; and
state the current stage of the pending family proceedings.
The Family Court may make an order or give a direction for any of the following:
where the permission to commence PH proceedings is refused — the disposal of the application for permission to commence the PH proceedings;
where permission to commence PH proceedings is granted — the conduct of both the PH proceedings and the pending family proceedings.
Transfer of PH proceedings from Family Court to Protection from Harassment Court
An application to transfer any PH proceedings pending in the Family Court to the Protection from Harassment Court pursuant to section 16J(2) of the Act must be made by summons in the PH proceedings in Form 208.
The summons and supporting affidavit must be served on every party to the PH proceedings and the related family proceedings.
The application under paragraph (1) must be supported by an affidavit —
identifying the PH proceedings to be transferred to the Protection from Harassment Court; and
stating the reasons for the transfer of the PH proceedings to the Protection from Harassment Court.
Where an application for the transfer of PH proceedings under section 16J(2) of the Act is made, the Family Court may order the PH proceedings and the related family proceedings to be stayed until after the final determination of the application.
The Family Court may, on making an order for transfer under section 16J(2) of the Act, give any direction that is necessary for, and incidental to, the proper carrying into effect of the order.
Where an order is made for the transfer of PH proceedings under section 16J(2) of the Act to the Protection from Harassment Court, the Registrar must give notice of the transfer to every party to the proceedings.
Part 3
Application of this Part
An application under this Part in relation to any PH proceedings may only be made after the following permission or order has been given:
permission to commence the PH proceedings in the Family Court under section 16I(2) of the Act;
an order for the transfer of the PH proceedings to the Family Court under section 16J(3)(c) of the Act.
Despite the other rules in this Part or the provisions of the General Rules, the Family Court may give any direction as to the conduct of both the PH proceedings and the related family proceedings in the Family Court that is necessary for, and incidental to, the proper carrying into effect of any permission or order mentioned in paragraph (1).
Application for protection order or expedited protection order
An application for a protection order must be made by filing an originating application in Form 187 and supported by an affidavit in Form 188.
The applicant for a protection order must serve a copy of the documents mentioned in paragraph (1) on —
each intended relevant party within 14 days after the date of filing the originating application, unless the Family Court directs otherwise; and (b)any other person on whom the documents are directed to be served under rule 23(1), within the time required by rule 23(2).
The applicant must file an affidavit of service in Form 78 within 8 days after the date of service in accordance with paragraph (2).
An applicant for a protection order may apply for the Family Court to make an expedited protection order by so indicating in the application for the protection order.
Where an affidavit has been filed in support of an application for a protection order, no further affidavit is to be filed or served in support of that application (including any expedited protection order indicated in the application), except with the permission of the Family Court.
A person who is served the documents under paragraph (2) may file an affidavit in reply in Form 189 within 14 days after being served the documents, and no further affidavit in reply is to be filed or served in support of the reply except with the permission of the Family Court.
The Family Court may grant an expedited protection order despite the failure to serve the documents under paragraph (2).
Form and notification of protection order or expedited protection order
A protection order must be —
in Form 190; and
served by the applicant on every relevant party of the order, and every other person on whom the order is directed to be served under rule 23(1).
An expedited protection order —
must be in Form 190; (b)must be served by the applicant —
on every relevant party of the order, and every other person on whom the order is directed to be served under rule 23(1); and
together with a copy each of the application for the order and the affidavit in support of the application, if these were previously not served on the relevant party or person mentioned in sub‑paragraph (i); and
must contain, or be served together with an order of the Family Court containing, the Family Court’s directions for service referred to in sub‑paragraph (b)(i).
An order under section 12(2E) or (2F) or 13(1B) or (1C) of the Act served on a third party or an internet intermediary mentioned in that provision (called in this rule an additional relevant party), who was not identified in the order, must be served together with a notification in Form 191 naming that additional relevant party.
Where an order mentioned under paragraph (3) is to apply to another additional relevant party, who was not identified in the order or in a notification served under that paragraph, a further notification in Form 191 naming that other additional relevant party must be served with the order on that other additional relevant party.
A party who wishes to amend a notification, which is served by that party under paragraph (3) or (4) in respect of an additional relevant party named in the notification, must do so by serving a copy of the amended notification on every additional relevant party who was served the notification before it was amended.
Every notification, further notification or amended notification mentioned in paragraph (3), (4) or (5) (as the case may be) must be filed before it is served, and the filing may be done without any further permission of the Family Court.
Application to vary, suspend or cancel protection order or expedited protection order
An application to vary, suspend or cancel a protection order or an expedited protection order must be —
made by summons in Form 192 in the originating application in which the protection order or expedited protection order was made; and
supported by an affidavit in Form 193.
The applicant must serve the application and supporting affidavit on —
every other party to the claim for the order, within 7 days after the date on which the application is filed; and
any other person on whom the application is directed to be served under rule 23(1), within the time required by rule 23(2).
The Family Court may —
give any directions for the hearing of the application that the Family Court thinks fit;
conduct the hearing of the application in any manner that the Family Court thinks fit; and
where any party or person does not appear at the hearing of the application despite being served under paragraph (2), proceed to hear the application and make a decision in the absence of the party or person, even if the interests of the party or person may be prejudicially affected by the decision.
Any order made by the Family Court pursuant to the application must be served by the party in whose favour the order is made, on the following persons as the Family Court may direct:
each person required to be served under paragraph (2);
any other person on whom the order is directed to be served under rule 23(1).
This rule does not affect the Family Court’s power to transfer any application to vary, suspend or cancel the order to the Protection from Harassment Court under section 16J(2) of the Act.
Application for false statement order or interim false statement order
An application for a false statement order must be made by filing an originating application in Form 194 supported by an affidavit in Form 196.
The applicant for a false statement order must serve a copy of the documents mentioned in paragraph (1) on —
each intended relevant party within 14 days after the date of filing the originating application, unless the Family Court directs otherwise; and
any other person on whom the documents are directed to be served under rule 23(1), within the time required by rule 23(2).
The applicant must file an affidavit of service in Form 78 within 8 days after the date of service in accordance with paragraph (2).
An applicant for a false statement order who wishes to apply for a corresponding interim false statement order must —
so indicate in the originating application relating to the application for the false statement order; or
where the application for the false statement order has already been made — apply by summons or a summons without notice (as the case may be) in Form 195 in the originating application for the false statement order, supported by an affidavit in Form 196.
Where an affidavit has been filed in support of an application under paragraph (1) or (4)(b), no further affidavit is to be filed or served in support of that application except with the permission of the Family Court.
Each person who is served the documents under paragraph (2) may file an affidavit in reply in Form 197 within 14 days after being so served, and no further affidavit is to be filed or served in support of that person’s reply except with the permission of the Family Court.
The Family Court may grant an interim stop publication order or interim notification order despite the failure to serve the documents in support of the application under paragraph (2).
Form and notification of false statement order, interim false statement order, stop publication order or interim stop publication order
A false statement order —
must be in Form 198;
must be served by the applicant on each relevant party of the order and every other person on whom the order is directed to be served under rule 23(1); and
must contain, or be served with an order of the Family Court containing, the Family Court’s directions for service referred to in sub‑paragraph (b).
An interim false statement order —
must be in Form 198;
must be served by the applicant —
on every relevant party of the order, and every other person on whom the order is directed to be served under rule 23(1); and
together with a copy each of the application for the interim false statement order and the affidavit in support of the application, if these were previously not served on the relevant party or person; and
must contain, or be served together with an order of the Family Court containing, the Family Court’s directions for service referred to in sub‑paragraph (b)(i).
A stop publication order or an interim stop publication order (as the case may be) served on an individual or entity mentioned in section 15A(3) of the Act (called in this rule an additional relevant party), who was not identified in the order, must be served together with a notification in Form 199 naming that additional relevant party.
Where an order mentioned in paragraph (3) is to apply to another additional relevant party who was not identified in the order or in a notification served under that paragraph, a further notification in Form 199 naming that other additional relevant party must be served with the order on that other additional relevant party.
A party who wishes to amend a notification, served by that party under paragraph (3) or (4) in respect of a person named in the notification, must do so by serving an amended notification on every additional relevant party who was served the notification before it was amended.
Every notification, further notification and amended notification mentioned in paragraph (3), (4) or (5) (as the case may be) must be filed before it is served, and the filing may be done without any further permission of the Family Court.
Application to vary, suspend or cancel false statement order or interim false statement order
An application to vary, suspend or cancel a false statement order or an interim false statement order must be —
made by summons in Form 200 in the originating application in which the false statement order or interim false statement order (as the case may be) was made; and
supported by an affidavit in Form 201.
The applicant must serve the application and supporting affidavit on —
every other party to the claim for the order, within 7 days after the date on which the application is filed; and
any other person on whom the application is directed to be served under rule 23(1), within the time required by rule 23(2).
The Family Court may —
give any directions for the hearing of the application that the Family Court thinks fit;
conduct the hearing of the application in any manner that the Family Court thinks fit; and
where any party or person does not appear at the hearing of the application despite being served under paragraph (2), proceed to hear the application and make a decision in the absence of the party or person, even if the interests of the party or person may be prejudicially affected by the decision.
Any order made by the Family Court pursuant to the application must be served by the party or person in whose favour the order is made, on the following:
each party or person required to be served under paragraph (2);
every other person on whom the order is directed to be served under rule 23(1).
This rule does not affect the Family Court’s power to transfer any application to vary, suspend or cancel the order to the Protection from Harassment Court under section 16J(2) of the Act.
Appeal relating to protection order or false statement order
Subject to paragraphs (2) and (3) and rule 3(3), Part 19 of the General Rules applies to an appeal against a decision of the Family Court in relation to a protection order or false statement order or the refusal of the order.
For the purposes of paragraph (1), any reference to “all parties who have an interest in the appeal” in Part 19 of the General Rules is to be read, unless the court otherwise directs, as a reference to the following persons:
the applicant for the protection order or false statement order;
the respondent to the application for the protection order or false statement order;
every relevant party in relation to the protection order or false statement order;
any other person on whom the application is directed to be served under rule 23(1).
The time for service under Part 19 of the General Rules on a person mentioned in paragraph (2)(d) is the time required by rule 23(2).
Part 4
Application for mandatory treatment order
An applicant for a protection order may apply for a mandatory treatment order under section 13B(1) of the Act against the respondent to the protection order (called in this Part the respondent) by so indicating in the relevant Form used to apply for the protection order.
Preliminary assessment report
Where the Family Court calls for a preliminary assessment report for the purpose of making a determination under section 13B(3)(a) of the Act, the Family Court may make an order under section 13B(6) of the Act in Form 202.
The preliminary assessment report may be disclosed to the applicant for the mandatory treatment order to which the report relates (if any) only if the applicant —
applies for permission to appeal against a decision of the Family Court not to call for a formal assessment report; and
gives an undertaking to pay damages in the event of improper use or disclosure of the report, as the Family Court may require.
Formal assessment report
For the purposes of obtaining a formal assessment report under section 13B(3)(b) of the Act, the Family Court may make an order under section 13B(7) of the Act in Form 203.
The formal assessment report may be disclosed to the applicant for the mandatory treatment order (if any) only if the applicant —
applies for permission to appeal against the refusal to make the mandatory treatment order applied for; and
gives an undertaking to pay damages in the event of improper use or disclosure of the report, as the Family Court may require.
Mandatory treatment order
A mandatory treatment order must be in Form 204.
The appointed psychiatrist on whose formal assessment report a mandatory treatment order is based may apply to vary or revoke the mandatory treatment order in Form 205, supported by an affidavit in Form 206, or by a simplified form in the relevant Form annexed to the application.
The appointed psychiatrist must serve the application to vary or revoke a mandatory treatment order on the person who applied for the mandatory treatment order (if any) and the respondent within 7 days after the date on which the application is filed.
The person who applied for the mandatory treatment order (if any) and the respondent may file an affidavit or a reply in Form 207 in response to the application to vary or revoke a mandatory treatment order.
Where the Family Court varies or revokes a mandatory treatment order on the application of an appointed psychiatrist, the appointed psychiatrist must serve the order to vary or revoke the mandatory treatment order on the person who applied for the mandatory treatment order (if any) and the respondent within 7 days after the order to vary or revoke the mandatory treatment order is made.
Service of orders by applicant
The applicant who applied for a mandatory treatment order must serve the following orders on the respondent within the time specified by the Family Court:
the mandatory treatment order;
an order under section 13B(6) or (7) of the Act.
Appeal relating to application for mandatory treatment order
Subject to rule 3(3), Part 19 of the General Rules applies to an appeal in relation to the following decisions of the Family Court:
a decision to call or not to call for a formal assessment report;
a decision in relation to a mandatory treatment order or the refusal of a mandatory treatment order.
For the purposes of paragraph (1), any reference to “all parties who have an interest in the appeal” in Part 19 of the General Rules is to be read, unless the court otherwise directs, as a reference to the following persons:
the applicant for a mandatory treatment order, if any;
the respondent to the application for the mandatory treatment order;
the appointed psychiatrist in relation to the mandatory treatment order;
any other person on whom the application or notice of appeal is directed to be served under rule 23(1).
The time for service under Part 19 of the General Rules on a person mentioned in paragraph (2)(d) is the time required by rule 23(2).
Part 5
Directions for and conduct of hearing
The Family Court may do all or any of the following in PH proceedings:
direct the period within which or manner in which objections to the contents of the affidavit or other evidence of a witness must be taken;
where any party does not appear at the hearing of any PH proceedings, proceed with the hearing in the absence of that party;
make an order referring the applicant for a protection order, an expedited protection order, a false statement order or an interim false statement order or any intended relevant party to attend any counselling, mediation or psychiatric assessment that the Family Court may direct;
give any direction necessary for and incidental to the proper carrying into effect of an order under paragraph (c);
stay all further proceedings in an application under the Act until the applicant mentioned in paragraph (c) or any intended relevant party has attended counselling, mediation or psychiatric assessment (as the case may be) ordered by the Family Court;
where any process under these Rules applicable to a common party in the relevant family proceedings is inconsistent with any process applicable to the common party in the relevant family proceedings, give any direction to resolve the inconsistency.
Joinder as party
A Family Court may, on an application by any of the following persons, join that person as a party to any PH proceedings in the Family Court:
where the PH proceedings relate to an application for a protection order requiring an internet intermediary to disable access to an alleged offending communication — a third party that published the alleged offending communication by means of an internet intermediary service provided by the internet intermediary;
where the PH proceedings relate to a false statement order or an interim false statement order —
the author of the relevant statement to which that order relates; or
an individual or entity that published the relevant statement to which that order relates;
any other person who has standing to be joined in the proceedings.
Identification of party whose name is unknown
For the purposes of these Rules, where the name of any person to whom a protection order, an expedited protection order, a false statement order or an interim false statement order is intended to apply is unknown, that person may be identified by —
an Internet location address or a website associated with that person; or
a username or an account, an electronic mail address or any other unique identifier used by or associated with that person.
Service requirements
The Family Court may give directions for the service of documents filed in PH proceedings, including directions on the means of service or for service out of jurisdiction, on the following persons:
the applicant;
an individual or entity against whom an order is sought in the PH proceedings, or any other person who may reasonably be expected to be affected by the application;
where a protection order requiring an internet intermediary to disable access to an alleged offending communication is sought — a third party that published the alleged offending communication by means of the internet intermediary;
where a false statement order or an interim false statement order is sought —
the author of the relevant statement to which that order relates; or
an individual or entity that published the relevant statement to which that order relates.
Where these Rules require any person to serve a document on another person, the document must be served on that other person within 14 days (or any other period as directed by the Family Court) after the date of filing of the document, unless otherwise provided by these Rules.
Means of service
Without affecting any provision of the General Rules or these Rules permitting the service of a document in any other manner, any document filed in relation to PH proceedings may be served in accordance with paragraph (2) or as the Family Court may direct under paragraph (3) or (4).
Where the proper address in Singapore of the person to be served is known, service on that person may be effected —
by leaving with that person a copy of that document;
by posting a copy of that document on the front door of the proper address of that person; or
by sending a copy of that document by registered post to the proper address of the person.
Where the proper address of the person to be served is not known —
if that person has an electronic mail address, then the Family Court may direct that the document be served by sending an electronic communication of that document to that electronic mail address;
if that person has an account on any social media or social networking website, and that social media or social networking website provides a mechanism for that person to receive electronic communications in that account, then the Family Court may direct that the document be served by sending an electronic communication of that document to that account; or
if that person has an Internet website, a blog or a page on any social media or social networking website, and that Internet website, blog or social media or social networking website provides a mechanism for the posting of comments on that Internet website, blog or page of that social media or social networking website, then the Family Court may direct that the document be served by posting an electronic communication of that document on that Internet website, blog or page on that social media or social networking website.
Where there is no known proper address of the person to be served, and paragraph (3) does not apply to that person, the Family Court may direct that the document be served by causing a notice containing the following information to be posted on any Internet website or other website that the Family Court may specify:
a statement identifying that document;
a statement that the person to be served may obtain that document from —
the person serving that document; or
if the person serving that document is represented by a solicitor, the solicitor;
the electronic mail address, or any contact details that the Family Court may specify, of the person serving that document or solicitor, as the case may be.
Any document sent by registered post to any person in accordance with paragraph (2) is to be treated as duly served on the person at the time when the document (as the case may be) would in the ordinary course of post be delivered.
In proving service of any document sent by registered post to any person in accordance with paragraph (2), it is sufficient to prove that the envelope containing the document was properly addressed, stamped and posted by registered post.
The Family Court may, in an appropriate case, dispense with service of any document on any person.
Permission for service out of Singapore
Despite Division 2 of Part 7 of the General Rules —
where a document is filed in an originating application by which any proceedings in respect of a protection order, a false statement order or an interim false statement order is begun, the Family Court may also grant approval for the document to be served out of Singapore, if the Family Court is satisfied that —
the person to be served is not in Singapore; and
the case is a proper one for the service of the document out of Singapore;
the Family Court may grant such approval without an application under Part 7, Rule 10(2) of the General Rules; and
the Family Court may be satisfied of the matters referred to in paragraph (a)(i) and (ii) by any information contained in any document filed in the originating summons.
Undertaking on use of relevant information
The Family Court may require any party to any PH proceedings, any of their representatives or any person given access to relevant information to give the following undertakings in respect of the relevant information:
to use the relevant information only in the conduct of those PH proceedings;
to use the relevant information for any other purpose only with the permission of every party to the PH proceedings likely to be affected by the use of that material, or with the permission of the Family Court.
In this rule, “relevant information” means —
any statement made or material disclosed to the party or the person in the course of the PH proceedings;
any medical report or psychiatric report disclosed to the party or the person in the course of the PH proceedings; and
any record of proceedings relating to PH proceedings obtained under the General Rules.
Redaction of particulars and other information
The Family Court may, on its own motion or on the application of any party to any PH proceedings before the Family Court, if it deems it to be necessary or expedient in the interest of justice, public safety or propriety, at any time make an order —
to remove or redact any information from any document that has been, or will be filed or produced in the PH proceedings before the Family Court; or
prohibiting any act that would be likely to lead to the identification of any party or witness in the PH proceedings.
Paragraph (1) does not limit any other powers of redaction under the General Rules.
Costs
A Family Court or the Registrar may, in making a decision as to the award of costs and disbursements and the amount of costs and disbursements to be allowed, take into account the principle of proportionality and any of the following matters:
whether the whole or any part of a claim ––
discloses no reasonable cause of action or defence, as the case may be;
is an abuse of process; or
may prejudice, embarrass or delay the fair hearing of the PH proceedings;
whether it is just and equitable to make the award or order or award the costs;
the parties’ conduct in relation to any attempt at resolving the claim by mediation; (d)the extent to which the parties have followed any applicable rules, pre‑action protocol or practice direction for the time being issued by the Registrar.
To avoid doubt, disbursements include document fees, interpreters’ fees and hearing fees.
Unless a Family Court or the Registrar directs otherwise, any costs and disbursements awarded must be paid within 7 days after the decision of the Family Court or Registrar as to costs and disbursements.