1 PART I PRELIMINARY-1. Short title, application and commencement.

(1) This Act may be cited as the Domestic Violence Act 1994 .

(2) This Act shall apply to all persons in Malaysia.

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires-

  "alternative residence"  means the premises or accommodation which the victim is or has been compelled to seek or move into as a result of domestic violence;

  "child"  means a person below the age of eighteen years who is living as a member of the offender's family or of the family of the offender's spouse or former spouse, as the case may be;

  "court"  means-

(a) in respect of criminal proceedings involving allegations of domestic violence, the court competent to try the actual offence with which the accused is charged;

(b) in respect of civil proceedings for compensation under section 10, the court competent to hear such claims in tort;

  "Director Gen

3 PART I PRELIMINARY-3. Act to be read together with Penal Code, etc .

This Act shall be read together with the Penal Code [Act 574] or any other written law involving offences relating to domestic violence.

[Subs. by Act A1414]

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3A PART IA EMERGENCY PROTECTION ORDER-3A. Emergency protection order.

(1) A social welfare officer duly authorized in writing by the Director General may, in an application involving a complaint of domestic violence referred to in paragraph (a) or (b) of the definition of "domestic violence" under section 2, issue an emergency protection order.

(2) An application for an emergency protection order may be made at any time whether or not an interim protection order or a protection order has been previously made or an application for an interim protection order or a protection order is still pending.

(3) An application for an emergency protection order shall be made ex-parte by:

(a) the victim;

(b) the victim's counsel; or

(c) in the case where the victim is a child or an incapacitated adult, the guardian, relative or person responsible for the care of such child or incapacitated adult, or a social welfare officer other than an authorized social

3B PART IA EMERGENCY PROTECTION ORDER-3B. Service of emergency protection order.

(1) The authorized social welfare officer who issued the emergency protection order under subsection 3A(1) shall forward a copy of the order, where practicable within ten hours of the issuance of the emergency protection order, to the officer in charge of the police district where the person against whom the order is made resides or any other police officer under his command.

(2) The officer in charge of the police district or any other police officer under his command referred to in subsection (1) shall serve a copy of the emergency protection order personally on the person against whom the order is made, where practicable, within twelve hours upon receiving a copy of the order.

[3B. Ins. Act A1538:s.3]

3C PART IA EMERGENCY PROTECTION ORDER-3C. Substituted service for emergency protection order.

If the officer in charge of the police district or any other police officer under his command referred to in subsection 3B(1) is not able to serve a copy of the emergency protection order on the person against whom the order is made personally within twelve hours of receiving a copy of the order, the service of the emergency protection order shall be effected:

(a) by leaving a copy of the order at the last known address of the person against whom the order is made; or

(b) by any other manner as the authorized social welfare officer may direct.

[3C. Ins. Act A1538:s.3]

3D PART IA EMERGENCY PROTECTION ORDER-3D. Proof of service of emergency protection order.

The officer in charge of the police district or any other police officer under his command referred to in subsection 3B(1) shall file proof of service of the copy of the emergency protection order effected under section 3B or 3C with the authorized social welfare officer, and communicate the service effected to the victim, within twelve hours of service.

[3D. Ins. Act A1538:s.3]

3E PART IA EMERGENCY PROTECTION ORDER-3E. Contravention of emergency protection order.

(1) Any person who willfully contravenes an emergency protection order or any provision of the order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(2) Any person who willfully contravenes an emergency protection order by using violence on a protected person shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(3) Any person who is convicted for a second or subsequent violation of an emergency protection order under subsection (2) shall be punished with imprisonment for a period of not less than seventy-two hours and not more than two years, and shall also be liable to a fine not exceeding five thousand ringgit.

[3E. Ins. Act A1538:s.3]

3F PART IA EMERGENCY PROTECTION ORDER-3F. Record of applications and emergency protection orders.

(1) The authorized social welfare officer shall maintain a record of all applications for emergency protection orders and emergency protection orders issued by the authorized social welfare officer under this Act.

(2) The record shall contain:

(a) the names, gender and relationship of the parties;

(b) the domestic violence alleged, whether it involved any weapon, or resulted in personal injuries and whether the injuries inflicted required medical treatment; and

(c) the effective date and terms of each order issued.

[3F. Ins. Act A1538:s.3]

4 PART II INTERIM PROTECTION ORDER AND PROTECTION ORDER-4. Interim protection order.

(1) The court may, during the pendency of investigations relating to the commission of an offence involving domestic violence, issue an interim protection order prohibiting the person against whom the order is made from using domestic violence against his or her spouse or former spouse or a child or an incapacitated adult or any other member of the family, as the case may be, as specified in the order.

(2) An interim protection order shall be made by way of an application to the court;

[(2) Subs. by Act A1414]

(3) The court in making an interim protection order under subsection (1) may include a provision prohibiting the person against whom the order is made from inciting any other person to commit domestic violence against the spouse or former spouse or a child or an incapacitated adult or any other member of the family, as the case may be, of the person against whom the order is made.

(3A) An int

5 PART II INTERIM PROTECTION ORDER AND PROTECTION ORDER-5. Protection order.

(1) The court may, in an application involving a complaint of domestic violence, issue any one or more of the following protection orders:

[(1) Am. by Act A1414]

(a) a protection order restraining the person against whom the order is made from using domestic violence against the victim;

[(a) Am. Act A1538:s.5]

(b) a protection order restraining the person against whom the order is made from using domestic violence against the child;

(c) a protection order restraining the person against whom the order is made from using domestic violence against the incapacitated adult.

(2) The court in making a protection order under paragraph (1) (a) , (b) or (c) may include a provision prohibiting the person against whom the order is made from inciting any other person to commit domestic violence

6 PART II INTERIM PROTECTION ORDER AND PROTECTION ORDER-6. Orders that may be included in protection order.

(1) A protection order issued under section 5 may, where the court is satisfied on a balance of probabilities that it is necessary for the protection and personal safety of the victim or the child or the incapacitated adult, as the case may be, provide for any one or more of the following order:

[(1) Am. Act A1538:s.6]

(a) subject to subsection (4), the granting of the right of exclusive occupation to any protected person of the shared residence by excluding the person against whom the order is made from the shared residence, 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;

[(a) Am. Act A1538:s.6]

(b) prohibiting or restraining the person against whom the order is made from-

(i) entering any protected person's safe pla

7 PART II INTERIM PROTECTION ORDER AND PROTECTION ORDER-7. Powers of arrest.

(1) Where the court is satisfied that the person against whom a protection order or interim protection order is made is likely to cause actual physical injury to the protected person or persons, the court shall attach a power of arrest to such protection order or interim protection order, as the case may be.

[(1) Am. by Act A1414]

(2) If a power of arrest is attached by virtue of subsection (1), a police officer shall arrest without warrant the person against whom the order is made when one or more of the following situations arise:

(a) when there is a report of domestic violence lodged by a person who is protected under the interim protection order or protection order to any police officer;

(b) when the police officer has reasonable cause to believe that the person against whom the order is made is in breach of-

(i) the order issued under subsect

8 PART II INTERIM PROTECTION ORDER AND PROTECTION ORDER-8. Contravention of protection order.

(1) Any person who wilfully contravenes a protection order or any provision thereof shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(2) Any person who wilfully contravenes a protection order by using violence on a protected person shall, on conviction, be liable to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(3) Any person who is convicted for a second or subsequent violation of a protection order under subsection (2) shall be punished with imprisonment for a period of not less than seventy-two hours and not more than two years, and shall also be liable to a fine not exceeding five thousand ringgit.

(4) For the purposes of this section a "protection order" includes an interim protection order.

9 PART II INTERIM PROTECTION ORDER AND PROTECTION ORDER-9. Making or renewing orders upon contravention of protection order.

Where a person against whom a protection order has been made contravenes the protection order, the court may, in addition to any penalty provided for under section 8, make or make anew, as the case may be, any one or more of the orders under subsection 6(1), to commence from such date as is specified in such new order.

10 PART III COMPENSATION AND REHABILITATION PROGRAMME-10. Compensation.

(1) Where a victim of domestic violence suffers personal injuries or damage to property or financial loss as a result of the domestic violence, the court hearing a claim for compensation may award such compensation in respect of the injury or damage or loss as it deems just and reasonable.

(2) The court hearing a claim for such compensation may take into account-

(a) the pain and suffering of the victim, and the nature and extent of the physical injury or psychological abuse which include emotional injury suffered;

[(2)(a) Am. by Act A1414]

(b) the cost of medical treatment for such injuries;

(c) any loss of earnings arising therefrom;

(d) the amount or value of the property taken or destroyed or damaged;

(e) necessary and reasonable expenses incurred by or on behalf of the victim when the victim is compelled to sepa

11 PART III COMPENSATION AND REHABILITATION PROGRAMME-11. Rehabilitation programme, etc.

[Shoulder note Subs. Act A1538:s.8]

(1) The court may, in an application in which a protection order is sought, in addition to issuing a protection order, make an order that one or more of the parties to the dispute be referred to a rehabilitation programme, provided that an order to refer the victim to a rehabilitation programme shall be made only with the consent of the victim.

[(1) Subs. Act A1538:s.8]

(1A) (Deleted by Act A1538:s.8)

(1B) (Deleted by Act A1538:s.8)

(2) The court hearing a claim for compensation under section 10 may also make the order under subsection (1).

[(2) Am. Act A1538:s.8]

(3) When considering any question relating to the making of an order under subsection (1) the court may, whenever it is practicable, take the advice of a social welfare officer or some other trained or experienced pe

12 PART IV PROCEDURE ON INTERIM PROTECTION ORDERS AND PROTECTION ORDERS-12. When interim protection order may be sought.

An interim protection order may be sought pending investigations by the police following an information relating to the commission of an offence involving domestic violence.

12A PART IV PROCEDURE ON INTERIM PROTECTION ORDERS AND PROTECTION ORDERS-12A. Ex-parte application for interim protection order.

[Shoulder note Subs. Act A1538:s.9]

An interim protection order sought under section 12 shall be made ex-parte by:

(a) the victim;

[(a) Am. Act A1538:s.9]

(b) the victim's counsel; or

[(b) Am. Act A1538:s.9]

(c) a social welfare officer on behalf of the victim.

[(c) Am. Act A1538:s.9]

12B PART IV PROCEDURE ON INTERIM PROTECTION ORDERS AND PROTECTION ORDERS-12B. Setting aside an interim protection order.

The person against whom an interim protection order is made may apply to set aside the order within fourteen days from the date the order is served.

[Ins. by Act A1414]

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13 PART IV PROCEDURE ON INTERIM PROTECTION ORDERS AND PROTECTION ORDERS-13. When protection order may be sought.

(1) A protection order may be sought:

(a) within seven days after the victim has been informed in writing by a police officer under paragraph 4(4)(b) that a criminal proceeding relating to the commission of an offence involving domestic violence will be instituted against the person against whom the order is made; or

(b) at any stage of the criminal proceedings under the Penal Code or any other written law where the accused is charged with an offence involving domestic violence whether or not an interim protection order or emergency protection order has been sought and issued against the accused.

(2) A protection order under subsection (1) may be sought in particular:

(a) as a condition of the accused's release on bail; or

(b) upon the compounding of the offence referred to in subsection (1) under section 260 of the Criminal Procedure Cod

13A PART IV PROCEDURE ON INTERIM PROTECTION ORDERS AND PROTECTION ORDERS-13A. Application for protection order.

A protection order sought under section 13 shall be made by:

(a) the victim;

(b) the victim's counsel;

(c) a social welfare officer on behalf of the victim; or

(d) a police officer on behalf of the victim.

[13A. Ins. Act A1538:s.11]

14 PART IV PROCEDURE ON INTERIM PROTECTION ORDERS AND PROTECTION ORDERS-14. Filing in of application.

Notwithstanding the provisions of any written law on the territorial jurisdiction of a court, an application for a protection order or an interim protection order involving a complaint of domestic violence may be filed in any district where-

(a) the victim resides;

[(a) Am. Act A1538:s.12]

(b) the person against whom the protection is sought resides;

(c) the alleged violence occurred; or

(d) the victim is placed temporarily,

[(d) Am. Act A1538:s.12]

and the application shall be heard by the court as soon as practicable.

15 PART IV PROCEDURE ON INTERIM PROTECTION ORDERS AND PROTECTION ORDERS-15. Application on behalf of child or incapacitated adult.

In the case of a child, or an incapacitated adult who is incapable of filing in an application under section 14, such application may be filed by a guardian or relative or person responsible for the care of such child or incapacitated adult, as the case may be, or by an enforcement officer.

[Am. by Act A1414]

16 PART IV PROCEDURE ON INTERIM PROTECTION ORDERS AND PROTECTION ORDERS-16. Record of applications and orders.

The registry of the court shall maintain a record of all applications filed pursuant to this Act, and all protection orders and interim protection orders issued by the court under this Act.The record shall contain-

(a) the names, gender and relationship of the parties;

(b) the domestic violence alleged, whether it involved any weapon, or resulted in personal injuries and whether the injuries inflicted required medical treatment;

(c) the effective date and terms of each order issued.

[Am. by Act A1414]

17 PART IV PROCEDURE ON INTERIM PROTECTION ORDERS AND PROTECTION ORDERS-17. Proof of service of protection order.

(1) Within twenty-four hours of the issuance of a protection order or interim protection order, as the case may be, the court in which the order is issued shall forward a copy of the order to the officer in charge of the police district where the offender resides or any other police officer under his command.

(2) The officer in charge of the police district or any other police officer under his command referred to in subsection (1) shall file proof of service of a copy of the order with the court, and communicate the service effected to the victim, within seven days of service.

[(2) Am. Act A1538:s.13]

17A PART IV PROCEDURE ON INTERIM PROTECTION ORDERS AND PROTECTION ORDERS-17A. Substituted service.

(1) If the officer in charge of the police district or any other police officer under his command referred to in section 17 is not able to serve a copy of the protection order or the interim protection order on the offender personally after three attempts, the officer concerned shall immediately apply to the court in writing for a substituted service of the order.

(2) Upon receipt of the application under subsection (1), the court shall make an order for a substituted service of the protection order or interim protection order-

(a) by leaving a copy of the order at the last known address of the offender;

(b) by posting a copy of the order at the court's notice board; or

(c) by any other manner as the court may direct.

(3) The substituted service of a copy of the order made under subsection (2) shall be effected by the court and shall be deemed to be good and s

18 PART V MISCELLANEOUS-18. Information on offences involving domestic violence.

(1) Any person who has reason to believe that an offence involving domestic violence is being or has been committed may give information in respect thereof to an enforcement officer.

(2) No person who gives any such information in good faith shall incur any liability for defamation or otherwise in respect of the giving of such information.

18A PART V MISCELLANEOUS-18A. Seizable offences.

Offences involving domestic violence shall be deemed to be seizable offences.

[Ins. by Act A1414]

19 PART V MISCELLANEOUS-19. Duties of enforcement officers.

(1) The duties of an enforcement officer shall include-

(a) assisting a victim of domestic violence to file an application for interim protection order regarding the domestic violence;

[Am. by Act A1414]

(b) providing or arranging transportation for the victim to an alternative residence or a safe place or shelter if such transportation is required;

(c) providing or arranging transportation for the victim to the nearest hospital or medical facility for treatment of injuries if such treatment is needed;

(d) explaining to the victim the rights to protection against domestic violence;

(e) accompanying the victim to the victim's residence or previous residence to collect personal belongings.

(2) An enforcement officer who is also a police officer shall have the following additional duties:

<

20 PART V MISCELLANEOUS-20. Regulations.

(1) The Minister may make regulations for the purpose of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), such regulations may provide for-

(a) the maintenance of a register or record by the courts on matters filed pursuant to this Act;

(b) the prescribed forms of any information, report, application, order or other document required pursuant to this Act;

[(b) Am. by Act A1414]

(c) the procedure in respect of the filing in of any document mentioned in paragraph (b) ;

(d) the making of searches and the giving of certified copies of any document mentioned in paragraph (b) ;

(e) the fixing of fees that may be charged for the purposes of this Act;

(f) any other matter which under this Act is required or permitted to be prescribed.<