Can You Withdraw a Personal Protection Order in Singapore?

In Singapore, a Personal Protection Order (PPO) is a legal document issued by the court to protect victims of family violence which includesphysical, emotional and mental abuse, harassment or threats. It imposes restrictions on the perpetrator’s behaviour, i.e., the perpetrator must refrain from committed acts or behaved in a manner that encompasses family violence.

The aim of a Personal Protection Order is to safeguard the safety and well-being of the protected person(s). However, circumstances may arise where the protected person wishes to withdraw or vary the Personal Protection Order. Here’s what you need to know about withdrawing a Personal Protection Order in Singapore:

Understanding the Personal Protection Order (PPO)

Under Section 65 of the Women’s Charter 1961 (“Women’s Charter”), a person who is a victim of family violence, may apply to court for a Personal Protection Order where,the court is satisfied on a balance of probabilities that:

  • Family violence has been committed or is likely to be committed against a family member; and
  • It is necessary for the protection of that family member.

The court may make a protection order restraining the person committing or committed the family violence from further committing such acts against that family member.

A Personal Protection Order is typically sought by an applicant (the “Protected Person”) who fears for their safety due to the actions or threats of a family member (the “Respondent”). The Personal Protection Order can prohibit the Respondent from committing acts of violence, communicating with the Protected Person, or entering the shared residence or part of the residence. It may also include other conditions deemed necessary by the court to ensure the safety of the protected person such as requiring parties to attend counselling.

Conditions for Withdrawing a PPO

In Singapore, withdrawing a Personal Protection Order is possible under certain conditions, but it requires careful consideration and judicial approval:

  • Consent of the Protected Person: The Protected Person may apply to withdraw or revoked the Personal Protection Order if they no longer feel threatened or if circumstances have changed such as when the situation has improved since the order was granted. The decision to withdraw must be voluntary and made without coercion.
  • Court Approval: Even if the Protected Person wishes to withdraw or revoked the Personal Protection Order, the court must review the case and situation before the Personal Protection Order is revoked. The court will review the reasons for withdrawal and consider whether it is in the best interests of the protected person, especially concerning their safety and well-being.
  • Safety Considerations: In determining whether to revoke the Personal Protection Order, the court will assess whether withdrawing the Personal Protection Order is safe for the protected person and any dependents involved. If there are ongoing safety concerns or risks of harm from the Respondent, the court may refuse to grant the withdrawal or impose alternative conditions to ensure continued protection.

Process of Withdrawing a PPO

To withdraw a Personal Protection Order in Singapore, the following steps are typically involved:

  • Application to Court: Similar to apply for a Personal Protection Order, the protected person must file an application with the court via the online portal iFAMSrequesting the revocation of the Personal Protection Order.
  • Court Hearing: A hearing will be fixed where the court will consider the application. Both parties (the Protected Person and the Respondent) may be required to attend court proceedings to present their case and evidence.
  • Judicial Decision: The court will then evaluate the reasons and any evidence for withdrawal and any submissions made by both parties. The decision to grant or deny the withdrawal will be based on whether the Protected Person’s safety is still at risk and whether it would be in the best interests of all parties involved.

Considerations and Legal Advice

As Personal Protection Orders relate to the safety and well-being of an individual, it is critical for individuals that are considering withdrawing or applying to revoke a Personal Protection Order to seek legal advice from a family lawyer in Singapore.

A family lawyer can provide guidance on the legal implications of withdrawing the Personal Protection Order, make a preliminary assessment of any safety risks, and represent the client’s interests during court proceedings. The family lawyer can also assist in preparing the necessary application and documentation as well as presenting arguments in support of the application for withdrawal or revocation.

Conclusion

While a Personal Protection Order in Singapore serves to protect individuals from family violence such as physical abuse and harassment, circumstances may arise where the Protected Person wishes to withdraw the order. The process of withdrawing a Personal Protection Order involves the court reviewing the current circumstances and possibly steps taken to ensure that family violence will not be committed in the future. This helps to ensure that the decision is made in the best interests of the protected person’s safety and well-being.

Seeking legal advice and understanding the requirements for withdrawal or revocation are essential steps in navigating this legal process effectively. By doing so, individuals can make informed decisions that prioritise their safety and address their changing circumstances appropriately.