VYR v VYS: Appeal Against Magistrate's Decision on Personal Protection Order & Domestic Exclusion Order
VYR (Appellant/Wife) appealed against the decision of the magistrate in the Family Justice Courts of Singapore, declining to grant a personal protection order (PPO) and a domestic exclusion order (DEO) against VYS (Respondent/Husband). The appellant contended that she was put in fear of violence based on an incident that occurred on 19 May 2021. The High Court dismissed the appeal, finding no breach of Family Justice Rules or judicial interference.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Appeal Dismissed
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against the magistrate's decision to decline a personal protection order and a domestic exclusion order. Appeal dismissed.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Aedit Abdullah | Judge of the High Court | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
Rajwin Singh Sandhu | Rajwin & Yong LLP |
Nicolette Lee Wanling | Phoenix Law Corporation |
4. Facts
- The appellant sought a PPO and DEO against the respondent based on an incident on 19 May 2021.
- The appellant recorded the incident on her phone, providing two video clips as evidence.
- The respondent admitted to raising his leg but claimed he intended to kick the phone, not the appellant.
- The Magistrate found that no family violence was committed or likely to be committed.
- The Magistrate found that a protection order was not necessary for the appellant’s protection.
5. Formal Citations
- VYR v VYS, District Court Appeal No 123 of 2021, [2022] SGHCF 24
- VYR v VYS, , [2021] SGFC 128
- Mohammed Ali bin Johari v Public Prosecutor, , [2008] 4 SLR(R) 1058
6. Timeline
Date | Event |
---|---|
Incident occurred which appellant recorded on her phone | |
District Court Appeal No 123 of 2021 | |
Hearing | |
Judgment reserved | |
Judgment issued |
7. Legal Issues
- Family Violence
- Outcome: The court found that no family violence was committed or likely to be committed, and further, that a protection order was not necessary for the appellant’s protection.
- Category: Substantive
- Sub-Issues:
- Personal Protection Order
- Domestic Exclusion Order
- Judicial Interference
- Outcome: The court found no evidence of judicial interference in the appellant's presentation of her case.
- Category: Procedural
- Interpretation of Rule 100(1) of the Family Justice Rules
- Outcome: The court held that Rule 100(1) of the FJR does not restrict a court to only considering oral testimony in making findings of fact.
- Category: Procedural
8. Remedies Sought
- Personal Protection Order
- Domestic Exclusion Order
9. Cause of Actions
- Application for Personal Protection Order
- Application for Domestic Exclusion Order
10. Practice Areas
- Family Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
VYR v VYS | Singapore Family Court | Yes | [2021] SGFC 128 | Singapore | Cited as the grounds of decision of the lower court. |
Mohammed Ali bin Johari v Public Prosecutor | Court of Appeal | Yes | [2008] 4 SLR(R) 1058 | Singapore | Cited for the law concerning judicial interference. |
13. Applicable Rules
Rule Name |
---|
Family Justice Rules 2014 |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
Evidence Act (Cap. 97) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Personal Protection Order
- Domestic Exclusion Order
- Family Violence
- Judicial Interference
- Family Justice Rules
- Affidavit of Evidence-in-Chief
15.2 Keywords
- family violence
- personal protection order
- domestic exclusion order
- judicial interference
- family law
- singapore
17. Areas of Law
Area Name | Relevance Score |
---|---|
Family Law | 95 |
Domestic Violence | 80 |
Civil Procedure | 30 |
16. Subjects
- Family Law
- Family Violence
- Civil Procedure