Lie Chin Chin

What Happens If a Personal Protection Order is Breached?

SUMMARY:

Having a Personal Protection Order may provide you with some relief in that certain boundaries are drawn, but what can you do if those boundaries are crossed? This article will tell you what you can do if someone has breached a Personal Protection Order.
The purpose of a Personal Protection Order (“PPO”) is to give you a peace of mind and to give you some form of protection, such in as cases of divorce in singapore where family violence is or is likely to be committed. However, it is very important to know what you can do to protect yourself and/or enhance the PPO in a case where the PPO is breached.
It is an offence to breach a PPO

It is an offence for the person whom you obtained the PPO against (“the Defendant”) to breach the PPO or the expedited PPO. You should report any breach of PPO to the police. If the Defendant is found guilty of breaching the PPO, the punishment is a fine of up to $2,000.00, or imprisonment for a period of up to 6 months, or both. 

If the Defendant breaches the PPO again, the punishment is more severe. The Defendant can be fined up to $5,000.00, or be imprisoned for a period of up to 12 months, or both. 

Additional orders after breach of PPO 

When a PPO is breached, the Court can also make additional orders against the Defendant. Such additional orders will enhance the PPO to make it more effective.

The Defendant lives with me and has breached the PPO, what can I do?

An additional order that the Court can make is theDomestic Exclusion Order (“DEO”). If a DEOis granted in your favour, the Defendant will be excluded from your shared residence, or may be excluded from a part of that shared residence, such as your room. The Defendant can be prevented from entering these areas even if the residence is solely owned/leased by him/her.

Prosecution for fresh acts of violence after PPO is issued

If further acts of family violence are committed, you should make a police report about such acts as they can be considered commissions of new offences. The Defendant can be prosecuted for such new offences. Consult a good family lawyer in Singapore regarding such cases in order to best advance and protect your legal rights.

Case study – Acts of violence after PPO was issued

In an unreported case, Ms A applied for a PPO against Mr B to restrain Mr B from using family violence against her and her 3-year old daughter. Ms A was granted the PPO. Sometime after the PPO was awarded, Ms A filed a police report stating that Mr B had committed offences against herself and her daughter. These offences included voluntarily causing hurt with a knife.

Mr B was prosecuted and the Court found that Mr B had committed criminal offences. Although the injuries caused to Ms A and/or her daughter were not very serious and Ms A was no longer living with Mr B, the Court still found Mr B’s breach of the PPO very serious and sentenced Mr B to 15 months’ imprisonment and 3 strokes of the cane for breaching the PPO and for voluntarily causing hurt.

If the Defendant has breached a PPO, you should make a police report immediately. Keep any evidence of the Defendant’s breach, such as medical evidence of any injuries you sustained as a result of the breach, any threatening text messages, calls or emails, or even CCTV footage of the incident. These will help you when you go to Court as you will need to prove that the Defendant breached the PPO.

A PPO is on of the many ways that you can protect yourself and your loved ones under the law Singapore. Should you need the help of a good lawyer in obtaining a PPO and for divorce-related matters, consult Lie Chin Chin today!

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