FLP 6 - Family Violence Provisions
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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. (D)</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. (D)</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. (A)</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. (C)</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. (C)</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. (D)</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. (D)</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. (B)</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. (B)</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. (C)</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. (B)</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. (B)</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. (C)</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 (A)</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 (D)</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 (C)</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 (B)</p> Signup and view all the answers

Who is authorized to apply for an electronic monitoring order?

<p>The protector or their legal representative (C)</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. (C)</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. (A)</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. (D)</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. (D)</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. (C)</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. (A)</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. (A)</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. (A)</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. (D)</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. (D)</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. (A)</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 (D)</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. (A)</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. (C)</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 (D)</p> Signup and view all the answers

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

<p>Both the victim and perpetrator (A)</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. (D)</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. (B)</p> Signup and view all the answers

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

<p>Parenting programs (A)</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. (A)</p> Signup and view all the answers

Flashcards

Family Violence Provisions

Protection against family violence is in Part 7 of the Women's Charter

Part 7 Replacement

Part 7 of the Women's Charter is being updated.

Scope of Part 7

Applies to all people in Singapore, including Muslims.

Complainant/Applicant

Person seeking protection order against family violence

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Protection Order

Court order preventing family violence, setting conditions.

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Relief Criteria

Granting protection depends on recognizing family violence and need for order

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Order Types

Orders can be made to prevent violent acts.

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Family Violence (Section 64)

Willful or knowing act placing a family member in fear of hurt, causing hurt through actions known to cause hurt, wrongful confinement/restraint, or continual harassment intending to cause anguish.

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Protection Order (Two-Step Process)

Court order granted to protect a family member from family violence. It requires satisfying the court through two stages: likelihood of family violence and necessity for protection.

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First Stage of Protection Order

Determines if family violence has been committed or is likely to be committed against a family member.

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Second Stage of Protection Order

Assesses if a protection order is necessary for the protection of the family member.

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Family Violence (New Definition)

Broader definition encompassing physical, sexual, emotional, and psychological abuse, focusing on harm caused rather than the perpetrator's intent.(Part 7, Section 58B)

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Act of Family Violence (Examples)

Examples include: willfully placing in fear, causing harm (known or likely), wrongful restraint, and continual harassment.

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Single or Repeated Acts

Physical harm, threats, or wrongful restraints can occur as a single act or as a pattern of repeated acts.

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Balance of Probabilities

Standard of proof required for the first stage of a protection order; it is more likely than not that family violence has been committed or will occur.

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Section 64

Current legal section describing the definition of Family Violence, as defined by law.

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Continual Harassment

Repeated actions or words intended to cause worry, emotional distress, or annoyance to a family member, directly or indirectly through others.

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Family Violence

Any conduct that causes or is likely to cause worry, emotional distress, or annoyance to a family member, including words or actions.

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Exceptions to Family Violence

Force used lawfully for self-defense or correcting a child (under 18) is not considered family violence.

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Lawful Correction

Discipline towards a child must be for their benefit, with good sense and for educational purposes.

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Age for Lawful Correction

Lawful correction can be applied to children under the age of 18.

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Purpose of Lawful Correction

Lawful correction towards a child must be for the purpose of teaching and discipline, not punishment.

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Intention for Harassment

Continual harassment must be done with the intent to cause worry, emotional distress, or annoyance.

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Repetitive Nature of Harassment

Harassment must be sufficiently repetitive to cause, or reasonably be known to cause, distress.

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Direct or Indirect Harassment

Harassment can be done directly to a family member or indirectly through others.

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Emotional Distress

Harassment aims to cause worry, emotional distress, or annoyance to a family member.

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Domestic Exclusion Order (DEO)

A court order that forces the perpetrator to leave and stay away from the victim's home. It grants the victim sole right to occupy the home regardless of ownership.

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DEO under New Part 7

The new Part 7 expands the availability of DEOs, allowing the court to issue them on its own initiative and alongside other orders.

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DEO and Expedited Orders

An expedited order can be made alongside a DEO, providing immediate protection for the victim.

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Counseling Order

The court can order the perpetrator, victim, or both to attend counseling at a designated agency.

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Counseling Order Duration

Counseling orders can last up to 36 months and remain even if the protection order is revoked.

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Purpose of Counseling Orders

Counseling orders aim to target the root cause of family violence and prevent its recurrence.

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New Order Types: Stay Away Order

A court order prohibiting the perpetrator from approaching or contacting the victim.

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New Order Types: No Contact Order

This order prohibits the perpetrator from communicating with the victim in any way, including phone calls, emails, or social media.

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Stay Away vs No Contact

Stay Away orders restrict physical proximity, while No Contact orders encompass both physical and digital communication.

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New Orders for Comprehensive Protection

These new order types - Stay Away, No Contact, and Counseling - enhance protection for victims and address root causes.

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Mandatory Treatment Order

A court order requiring a perpetrator of family violence to undergo psychiatric treatment for a specified period (up to 36 months) when their psychiatric condition is a contributing factor to their violence.

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Grounds for Mandatory Treatment Order

A mandatory treatment order can only be made if the court finds reasonable grounds to believe the perpetrator has a psychiatric condition that contributes to their violence, and that this condition is treatable and they are suitable for treatment.

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Electronic Monitoring Order

An order that can be made by the court to monitor a perpetrator's movements using electronic devices. This order is not available to the victims to apply for.

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No Contact Order

This order prohibits contact between the perpetrator and the victim, including phone calls, emails, social media, or any other form of communication.

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Stay Away Order

A court order that prohibits the perpetrator from entering a specific area, usually around the victim's home or other places frequented by them.

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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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