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What is an exclusion order

You may consider applying for an exclusion order if another party fails to comply with a special direction made against them.

An exclusion order is an order made by the court for a party to be kept out of from their place of residence (the contravening party).

If the party fails to comply with the exclusion order without a reasonable excuse, they will have committed an offence and may be fined or imprisoned upon conviction.

Instead of a fine or imprisonment, the court also has the discretion to make a community order against the party or, alternatively, punish the party for contempt of court.

How an exclusion order is decided

In deciding whether it is just and equitable for an exclusion order to be made, the Community Disputes Resolution Tribunals (CDRT) must consider the following:

  • The impact of the order on the party.
  • The impact of the order on any person who, at the time of the making of the order, resides in the party's place of residence.
  • The impact of the order on any other person who can reasonably be expected to be affected by the order.
  • Any other matters as the court deem fit.

Before you apply

Before you apply, you should consider whether the contravening party has failed to comply with the terms of the special direction made against them.

If you think they failed to comply with the special direction, you will need to prepare evidence to support your case.

Note
Filing an application for an exclusion order does not mean that the exclusion order will be automatically granted.

After filing an application, both you and the other party will have to attend a pre-trial conference (PTC) and hearing (if applicable) where the court will then decide if an exclusion order should be made.

Key facts

Refer to the following to find out how to apply for an exclusion order.

If you are applying for an exclusion order, you are the applicant.

The other party is the respondent.

When to serve

Within 14 days after the date your application was made.

Filing fee

$100

How to file

Through the Community Justice and Tribunals System (CJTS).

What you will need

You should prepare the following before you apply:

  • A copy of the special direction which is the subject of the application.
  • The sequence of incidents in chronological order.
    • You will need to provide the date, time and details of each incident where the respondent did not comply with the CDRT order or special direction in CJTS.
    • You may refer to the sample information for filing guide (PDF, 315 KB) for instructions.
  • A soft copy of the evidence to be provided in support of your application in PDF format.
  • A soft copy of other supporting documents in PDF format.
    • All supporting documents submitted must be in the English language. Otherwise, a certified translation for the documents must be provided.

How to file and serve

You will need to follow these steps.

Step

Result

1. Apply for an exclusion order

Your application for an exclusion order is filed in CJTS.

2. Serve documents on the other party

The respondent is notified of your intention to apply for an exclusion order.

3. File a declaration of service

The CDRT receives proof that you have served the application for exclusion order on the respondent.

Log in to CJTS. Under the Online Applications tab, select Application for Exclusion Order and follow the instructions to fill in the required information.

Choose your preferred pre-trial conference (PTC) date and time.

Print a copy of the Application for Exclusion Order and the Notice of Pre-trial Conference. You will have to serve the documents with a copy of all evidence filed in CJTS in support of the application within 14 days after the date the application was filed.

When: within 14 days of the date of filing the Application for Exclusion Order.

You will have to serve a copy of the following on the respondent:

  • Your Application for Exclusion Order.
  • The Notice of Pre-trial Conference.
  • The evidence you submitted to the CDRT.

You can serve the documents through one of the following ways:

Service method

What it is

Personal service

Delivering hard copies of the documents personally to the respondent.

Registered post

Sending hard copies of the documents in an envelope to the last known residential or registered address of the respondent.

CJTS

Submitting soft copies of the documents to the respondent through CJTS.

Others

Delivering the documents by any means as directed by the CDRT.

When: within 8 days of the date of serving the documents on the respondent.

You must file a declaration of service (DOS) with proof of service after serving the Application for Exclusion Order on the respondent.

Example
Examples of proof of service include a Singpost registered post slip or a form signed by the respondent to acknowledge they have received the documents from you.

Log in to CJTS. Under the Online Applications tab, select Declaration of Service and follow the instructions.

For detailed instructions, refer to the CJTS user guide for filing neighbour disputes (PDF, 3297 KB).

After you file

If the respondent does not agree to your Application for Exclusion Order, they may file a Reply with supporting evidence in CJTS and serve a copy on you within 14 days after being served with the application.

Both you and the respondent must attend the PTC on the date and time specified in the Notice of Pre-trial Conference. If both parties are unable to settle their dispute at the PTC, the court may schedule a date for a hearing for the case.

The court will decide on whether to make an exclusion order at the hearing. If an exclusion order is made, the court may direct that the applicant serve a copy of the exclusion order on the respondent.

You will need to bring along the following documents for your PTC or hearing:

  • Your personal identification documents
    • (For Singapore citizens or permanent residents) National Registration Identity Card (NRIC) or passport.
    • (For foreign citizens) Passport and employment pass.
  • A set of the documents uploaded onto CJTS.
    • The Notice of Pre-trial Conference.
    • The Notice of Hearing (if applicable).
    • (For the plaintiff) The Application for Exclusion Order and all supporting evidence.
    • (For the respondent) The reply and all supporting evidence.

If the respondent does not comply

If the respondent does not comply with the exclusion order, you may take any of the following actions under the Community Disputes Resolution Act (CDRA):

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to the Guide to Neighbour Dispute Claims (PDF, 4099 KB).
Refer to Paragraph 141 and 141A of the State Courts Practice Directions for community dispute resolution.
Go to Step-by-step guide

Step-by-step guide

2021/07/23

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