On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 28/03/2013.
65.
—(1) The court may, upon satisfaction on a balance of probabilities that family violence has been committed or is likely to be committed against a family member and that it is necessary for the protection of the family member, make a protection order restraining the person against whom the order is made from using family violence against the family member.
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(2) An application for a protection order may be made by the family member concerned or any person referred to in subsection (10).
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(3) A protection order may be made subject to such exceptions or conditions as may be specified in the order and for such term as may be specified.
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(4) The court, in making a protection order, may include a provision that the person against whom the order is made may not incite or assist any other person to commit family violence against the protected person.
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(5) A protection order may, where the court is satisfied on a balance of probabilities that it is necessary for the protection or personal safety of the applicant, provide for such orders as the court thinks fit having regard to all the circumstances of the case, including any one or more of the following orders:
(a)
the granting of the right of exclusive occupation to any protected person of the shared residence or a specified part of the shared residence by excluding the person against whom the order is made from the shared residence or specified part thereof, regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties;
(b)
referring the person against whom the order is made or the protected person or both or their children to attend counselling provided by such body as the Minister may approve or as the court may direct; and
(c)
the giving of any such direction as is necessary for and incidental to the proper carrying into effect of any order made under this section.
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(6) Except so far as the exercise by the person against whom a protection order is made of a right to the shared residence is suspended or restricted, or prohibited or restrained, by virtue of an order made under subsection (5), such order shall not affect any title or interest that the person against whom the order is made or any other person might have in the residence.
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(7) Where a person against whom a protection order or an expedited order has been made contravenes the order, the court may, in addition to any penalty provided for under subsection (8), make, as the case may be, any one or more of the orders under subsection (5), to commence from such date as is specified in such new order.
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(8) Any person who wilfully contravenes a protection order or an expedited order or an order made by virtue of subsection (5), except an order made by virtue of subsection (5)(b), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
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(9) Any failure to comply with an order made by virtue of subsection (5)(b) shall be punishable as a contempt of court.
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(10) In the case of a child below the age of 21 years or an incapacitated person, an application under this section or section 66 may be made by a guardian or relative or person responsible for the care of the child or incapacitated person, as the case may be, or by any person appointed by the Minister.
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(11) An offence under subsection (8) shall be deemed to be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).
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