Popular keywords
Note
The party who files an application is the claimant (for simplified proceedings) or applicant (for standard proceedings). The party against whom the application is filed is the respondent.

Possible orders by the Protection from Harassment Court

The civil orders by the Protection from Harassment Court (PHC) fall into 2 categories:

Final orders

Final orders are made at the end of an application and will continue to be in effect even after court proceedings end.

Interim orders

Interim orders are meant to provide temporary relief while a case is ongoing, and will lose effect once the application for the corresponding final order has been fully dealt with.

Applicants need to apply for an interim order together with the corresponding final order.

There are 3 types of non-monetary civil orders that applicants may apply for:

For victims of harassment

Protection orders

Mandatory treatment orders

For victims of falsehoods

False statement orders

Protection orders

Refer to the following table for the final order and its corresponding interim order.

Final order: Protection order (PO)

The harasser must comply with one or more of the following:

  • Stop harassing or stalking the victim (or any person related to the victim).
  • Remove any publication causing harassment.
  • Not be in a shared residence or a specified part of the shared residence.

Interim order: Expedited protection order (EPO)

An EPO is a temporary order that has the same effect as a PO. It is granted when urgent intervention is needed, and it is just and equitable that the EPO be made.

It remains in effect only until the court decides or discontinues the PO application, or the EPO is suspended or cancelled by the court.

If you requested for a EPO, the court may also refer the case to the police for investigation. Refer to the Protection from Harassment (Referral for Criminal Investigation) Order for more information.

Mandatory treatment orders

A mandatory treatment order (MTO) may be granted if a protection order is granted. This order requires a respondent to undergo psychiatric treatment for a period not exceeding 36 months.

There is no corresponding interim order.

False statement orders

There are 5 types of final orders relating to false statements of fact:

Stop publication order

Refer to the following table for the final order and its corresponding interim order.

Final order: Stop publication order (SPO)

An individual or entity must stop publishing a false statement or any substantially similar statement within a specified time.

Interim order: Interim stop publication order (ISPO)

An ISPO is a temporary order that has the same effect as an SPO. It is granted when the publication of the false statement of fact has caused or is likely to cause harm to the applicant, and it is just and equitable for an ISPO to be made.

An ISPO remains in effect only until it expires or is cancelled by the court.

Interim order: Interim notification order (INO)

An INO is a temporary order that may be applied for with an SPO or correction order (CO). It is granted when the publication of the false statement has caused or is likely to cause harm to the applicant, and it is just and equitable for an INO to be made.

An INO requires an individual or entity who has published the false statement to publish a notice that there is a pending application for a CO or an SPO for the statement. An INO remains in effect only until it expires or is cancelled by the court.

Correction order

Refer to the following table for the final order and its corresponding interim order.

Final order: Correction order (CO)

An individual or entity who has published a false statement of fact must publish a notice that the court has determined the relevant statement to be false and correct the false statement.

Interim order: Interim notification order (INO)

An INO is a temporary order that may be applied for with an SPO or CO. It is granted when the publication of the false statement has caused or is likely to cause harm to the applicant, and it is just and equitable for an INO to be made.

An INO requires an individual or entity who has published the false statement to publish a notice that there is a pending application for a CO or an SPO for the statement. An INO remains in effect only until it expires or is cancelled by the court.

Disabling order

Refer to the following table for the final order and its corresponding interim order.

Final order: Disabling order (DO)

An internet intermediary whose service has been used to publish a false statement of fact must disable user access to the false statement or copies of it.

Interim order: Interim disabling order (IDO)

An IDO is a temporary order that has the same effect as a DO. It is granted when the publication of the false statement of fact has caused or is likely to cause harm to the applicant, and it is just and equitable for an IDO to be made.

An IDO remains in effect only until it expires or is cancelled by the court.

Targeted correction order

Refer to the following table for the final order and its corresponding interim order.

Final order: Targeted correction order (TCO)

An internet intermediary whose service has been used to publish a false statement of fact must publish a notice to all users who accessed the relevant statement (or copies of it).

This notice must include that the court has determined the relevant statement to be false and correct the false statement.

Interim order: Targeted interim notification order (TINO)

A TINO is a temporary order that may be applied for with a TCO. It is granted when the publication of the false statement of fact has caused or is likely to cause harm to the applicant, and it is just and equitable for a TINO to be made.

A TINO requires an internet intermediary whose service has been used to publish the false statement to publish a notice to all users who accessed the statement or copies of it that there is a pending application for a TCO for the statement.

A TINO remains in effect only until it expires or is cancelled by the court.

General correction order

A general correction order (GCO) in an order directed at prescribed individuals or entities. It is granted when a published false statement of fact has caused or is likely to cause serious harm to the reputation of the subject. It directs the prescribed individuals or entities to publish a notice that the court has determined the statement to be false and to correct the false statement.

There is no corresponding interim order.

Note

If you file a claim for the harasser to compensate you for the harassment, the court may order the harasser to pay you monetary compensation (legally known as damages).

How to file the claim depends on the value of the claim:

After an order is made

For the applicant

If your application is successful and a final order is granted, you must serve the order on the respondent and any other person to whom the order applies. Protection orders and false statement orders only take effect after service.

After you serve, you need to file one of the following, depending on whether the simplified or standard proceedings apply to your case:

For simplified proceedings

File a Declaration of Service via CJTS.

For standard proceedings

File a Memorandum of Service via eLitigation.

Even if you obtain a decision in your favour, you have to start enforcement action if the other party does not comply with the order. The PHC cannot enforce the order on your behalf.

For the respondent

If a final or interim order was made against you, you must comply with the court order. If you do not follow the terms stated in the order, the other party can enforce the order against you.

For either parties

You may file an appeal if you are not satisfied with the court's decision.

If you missed a court session and an order was made in your absence, you cannot file an appeal. You may apply to set aside the order instead.

You may also apply to vary (change), suspend or cancel an order.

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

Go to Step-by-step guide

Step-by-step guide

2021/07/23

Share this page:
Facebook
Twitter
Email
Print