If you are a victim of harassment, your legal recourse would be to rely on the Protection from Harassment Act 2014 (“POHA”).
In this article, we will explain how the POHA works so that you can protect yourself from any future harassment.

What does the POHA do?
The POHA criminalises the following behaviours (the “Harassing Behaviours”) that:

• Intentionally harasses, alarms or distresses the victim
•  Causes the victim to perceive harassment, alarm or distress
•  Causes fear of violence or provokes violence (by or against the victim)
•  Constitutes unlawful stalking

Protection Order
Under the POHA, victims of the Harassing Behaviours can apply for a Protection Order (“PO”) against the perpetrator. If the victim is under 21 years of age, a representative who is at least 21 years old (typically the victim’s parents or legal guardian) must make the application on their behalf.

To succeed in applying for a PO, the victim would have to establish that:

• The perpetrator has committed any of the Harassing Behaviours; and
• Such or other Harassing Behaviour is likely to be committed by the perpetrator in the future.

The Family Courts will thereafter make the PO against the perpetrator if it is satisfied that it is just and equitable to do so.

Expedited Protection Order
In situations of dire urgency, the victims of Harassing Behaviour may also apply for an Expedited Protection Order (“EPO”) against the perpetrator.

An EPO can only be applied after a PO application has been made.

To succeed in applying for an EPO, the victim would have to satisfy the Family Courts that:

•  There is prima facie evidence that the perpetrator has committed any of the Harassing Behaviours.
• Such or other Harassing Behaviour is likely to be committed by the perpetrator in the future.
•  The Harassing Behaviour is likely to have a substantial adverse effect on the victim or the victim’s day-to-day activities if continued or committed.

The Family Courts will then make the EPO, if it decides that it is just and equitable to do so.

PO Application Process

The process of applying for a PO is summarised as follows:

Simplified Proceedings

If the application is against up to five perpetrators, by only one victim and is filed within two years of the Harassing Behaviour(s), the matter can proceed on a simplified basis.

Under a simplified basis, the claim amount for any compensation must also be for $20,000 or less.
Under Simplified Proceedings, the victim would have to complete:

Pre-Filing Assessment
The victim is to complete the pre-filing assessment in the Community Justice and Tribunals System (“CJTS”).

• Filing the Application
  The victim would then log in to CJTS to file their application, complete the requisite information and pay for the filing fees.
• Serving the Application
  Once the application has been filed and processed, the victim would have to serve the claim and the Notice of the Case Management Conference (“CMC”) on the perpetrator within 14 days.
• Declaring Service
  After serving the application, the victim would have to upload a Declaration of Service in CJTS within 8 days.
• Perpetrator’s Response
  After being served, the perpetrator may file their reply within 14 days.
• Attending the CMC
  Both the Parties would have to attend the CMC and be prepared to explain their case in detail.

Standard Proceedings

If the application does not fall within the requirements for Simplified Proceedings, it will proceed under Standard Proceedings. When making an application under the Standard Proceedings, the victim would have to:

• File the Application
  The victim would have to file the Originating Application, Supporting Affidavit and all other supporting evidentiary documents on eLitigation.
• Collecting the Endorsed Documents
  If the application is accepted, the Family Courts will inform the victim to collect an endorsed version of the documents – a date, time and venue of the Case Conference will be provided.
• Serving the Application
  Once the application has been filed, the victim would have to serve the endorsed documents on the perpetrator.
• Filing a Memorandum of Service
  After service of the endorsed document on the perpetrator, the victim would then file a Memorandum of Service on eLitigation.
• Attending the Case Conference
  Both Parties are to attend the Case Conference and make preparations to explain their case in detail.

Interim Orders
If you are applying for an interim order, such as an EPO, you will need to indicate this in your claim form.

• After filing the application, the Family Courts will contact the victim with the date and time of the hearing which they need to attend.
• Thereafter, the victim will attend the hearing, during which the Family Courts will decide whether to grant the interim order.
• If the victim is successful in their application for the interim order, the Family Courts will provide specific direction on how the relevant documents are to be served on the perpetrator.

Engaging A Lawyer
Being the victim of harassment is undoubtedly stressful. The steps required in applying for a PO or EPO are complex – this can be made easier by engaging a lawyer who will be able to assist you with not just the filing, but the preparation and conduct of your case.

The right lawyer would be able to assess the merits of your case and best establish why a PO or EPO is necessary. Being in the care of an experienced professional would help to put your mind at ease, knowing that the harassment will likely cease in the near future.