FLP 6 - Family Violence Provisions
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Questions and Answers

What major change is currently occurring with Part 7 of the Women's Charter?

  • It is being replaced entirely due to the family violence amendments. (correct)
  • It is being expanded to include more offenses.
  • It is being nullified with no replacement proposed.
  • It is being merged with the Penal Code.
  • According to the current provisions, who can be a complainant in the application for protection?

  • Only married couples.
  • Only individuals with children.
  • Only female victims of violence.
  • Any persons in Singapore, regardless of gender or religion. (correct)
  • What is a necessary condition for granting relief under the existing provisions?

  • A physical injury must be documented.
  • The applicant must reside in the same household as the abuser.
  • Evidence of ongoing family violence must be presented. (correct)
  • The complainant must have a financial dependency on the accused.
  • What actions can result in the consequences of a breach of a protection order?

    <p>Interference with the complainant's daily activities.</p> Signup and view all the answers

    Which statute does Part 7 complement in providing remedies for protection against violence?

    <p>The Protection from Harassment Act.</p> Signup and view all the answers

    Which of the following amendments to Part 7 has NOT yet taken effect?

    <p>The Family Violence and Other Matters Amendment Act 2023.</p> Signup and view all the answers

    What is the primary focus of the upcoming new provisions being introduced in Part 7?

    <p>Introducing new definitions and scope for family violence.</p> Signup and view all the answers

    What is necessary for the court to grant a protection order regarding family violence?

    <p>The court must be satisfied that the family member is in fear of harm.</p> Signup and view all the answers

    Which of the following acts constitutes family violence according to the definition provided?

    <p>Willfully causing fear of hurt to a family member.</p> Signup and view all the answers

    In the new definition under Section 58B, what is emphasized regarding family violence?

    <p>The harm caused to the victim.</p> Signup and view all the answers

    What is NOT considered a form of family violence as per the provided definitions?

    <p>Expressing grievances verbally.</p> Signup and view all the answers

    How is the current definition of family violence different from the new definition under Part 7?

    <p>The new definition includes emotional abuse alongside physical abuse.</p> Signup and view all the answers

    What must the court determine in the first step of the protection order process?

    <p>Whether there has been any act of family violence.</p> Signup and view all the answers

    What does wrongful confinement of a family member fall under within the definition of family violence?

    <p>Physical abuse.</p> Signup and view all the answers

    What criterion is used to assess whether a family violence act has occurred?

    <p>Balance of probabilities that family violence has been committed.</p> Signup and view all the answers

    What aspect is broadened in the new definition of family violence compared to the former definition?

    <p>Types of violence covered.</p> Signup and view all the answers

    What is the primary purpose of an order that prohibits a perpetrator from entering or remaining in specific areas?

    <p>To prevent the perpetrator from approaching the victim in certain locations</p> Signup and view all the answers

    Which of the following is NOT a requirement for a mandatory treatment order to be issued?

    <p>The perpetrator must undergo treatment for at least 24 months</p> Signup and view all the answers

    In what order must the court establish the grounds for making a mandatory treatment order?

    <p>First reasonable grounds must be established, then a formal assessment is called for</p> Signup and view all the answers

    What distinguishes a no contact order from other types of orders?

    <p>It prohibits any form of communication or visit with the victim</p> Signup and view all the answers

    Who is authorized to apply for an electronic monitoring order?

    <p>The protector or their legal representative</p> Signup and view all the answers

    What is necessary to prove continual harassment under section 64 in terms of intent?

    <p>It requires an intent to cause anguish.</p> Signup and view all the answers

    Which of the following best describes the nature of behavior that constitutes harassment?

    <p>Words or actions must be sufficiently repetitive.</p> Signup and view all the answers

    What are the exceptions regarding the use of force in family violence as per the current provisions?

    <p>Lawful use in self-defense or correction towards a child.</p> Signup and view all the answers

    In the case of lawful correction towards a child, what did the District Judge emphasize?

    <p>A measure of good sense must be applied for the benefit of the child.</p> Signup and view all the answers

    What significant change occurred regarding the age of a child in the new provisions for correction?

    <p>The age was reduced from 21 years to 18 years.</p> Signup and view all the answers

    To establish that someone ought reasonably to know their actions would cause distress, which of the following must be demonstrated?

    <p>A consistent pattern of behavior that creates concern.</p> Signup and view all the answers

    What is a key consideration when determining the legality of corrective actions performed on a child?

    <p>The intent behind the correction and its educational purpose.</p> Signup and view all the answers

    What is implied by the mention of actions being direct or indirect through third parties?

    <p>Harassment can occur through any communicated means.</p> Signup and view all the answers

    Which behavior does NOT fit the definition of harassment as described in the content?

    <p>Occasionally expressing concern for someone's wellbeing.</p> Signup and view all the answers

    How does the concept of lawful correction towards a child reflect on the notion of family violence?

    <p>Correction must be for the child’s benefit and not cause harm.</p> Signup and view all the answers

    What does a Domestic Exclusion Order (DEO) ensure for the victim?

    <p>The victim gains exclusive occupation of the home.</p> Signup and view all the answers

    Under the new laws, what is the maximum duration for a counselling order related to family violence?

    <p>36 months</p> Signup and view all the answers

    Which of the following is true about the counselling order under the new legislation?

    <p>It does not terminate if the protection order expires.</p> Signup and view all the answers

    What is the intended purpose of the amendments to the family violence laws?

    <p>To complete necessary interventions against family violence.</p> Signup and view all the answers

    What type of order can be made alongside an expedited order under the new legislation?

    <p>Counselling order</p> Signup and view all the answers

    Who can be referred to counselling as per the new laws?

    <p>Both the victim and perpetrator</p> Signup and view all the answers

    What distinguishes the new section related to Domestic Exclusion Orders from previous laws?

    <p>DEOs can be made on the court's initiative.</p> Signup and view all the answers

    What is a possible consequence for a perpetrator under a stay away order?

    <p>They are prohibited from being near the victim.</p> Signup and view all the answers

    What might the court direct individuals to attend apart from counselling?

    <p>Parenting programs</p> Signup and view all the answers

    In what scenario might a husband be excluded from the matrimonial home?

    <p>If a Domestic Exclusion Order is granted against him.</p> Signup and view all the answers

    Study Notes

    Audio File Transcript Study Notes

    • Topic: Family Violence Provisions in Women's Charter
    • Current Part 7: In the process of being replaced by the Women's Charter, family violence and other matters amendment act 2023.
    • Amendments: Amendments to Part 7 of the Women's Charter are yet to take effect.
    • New Provisions: New Part 7 provisions will likely come into effect soon
    • Scope of Application: Part 7 applies to all persons in Singapore, including Muslims.
    • Who can apply? Complainant can be a family member of the perpetrator, a guardian or relative if the victim is under 21 or incapacitated, or in specific circumstances, a relative or parent if the victim is under 21.
    • When relief is granted: Court needs to be satisfied family violence has occurred or is likely to occur against a family member. Court also needs to be satisfied that a protection order is necessary.
    • Family Violence: Acts include causing hurt, wrongful confinement, continual harassment, or causing anguish to a family member. Family violence encompasses physical, sexual, emotional or psychological abuse.
    • Protection Orders: Types of orders that can be made:
    • Stay-away orders: Prohibiting perpetrators from entering/remaining in victim's areas
    • No-contact orders: Prohibiting communication with victims
    • Mandatory treatment orders: Perpetrator must undergo psychiatric treatment (limited to 36 months)
    • Electronic monitoring orders: Surveillance of perpetrator (only for high-risk perpetrators).
    • Removal orders: Removal of perpetrator from the home
    • Supervision/care orders: Placement under supervision or care of a fit person.
    • Orders prohibiting visits or communication with the perpetrator
    • Breaches/consequences: Willfully violating a protection order is an offense that results in a fine or imprisonment (varies depending on the severity)
    • Factors in rescinding/varying/revoking: Changes in circumstances, lack of need for continued protection orders, degree of contact, passage of time, amount of violence, severity of incidents, and nature of family violence.
    • Procedures: Applications are made via a written complaint through the integrated Family Application Management system. Additional requirements like visits to Family Protection Centers may exist.
    • Other notes: Court family specialist or social worker involvement is part of the procedure.

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    Description

    This quiz focuses on the family violence provisions in the Women's Charter, particularly Part 7, which is currently undergoing amendments. It outlines who can apply for relief, the conditions under which the court grants protection orders, and the scope of these provisions in Singapore. Brush up on your knowledge of this important legal framework.

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