Legal Protection Against Domestic Violence in Malaysia

Published: 12 December 2024 · Family Law

The Domestic Violence Act 1994

Domestic violence is a serious issue that affects individuals across all communities in Malaysia. The Domestic Violence Act 1994, which came into force in 1996, provides the primary legal framework for protecting victims of domestic violence. The Act defines domestic violence broadly to include physical abuse, sexual abuse, emotional and psychological abuse, and financial abuse. It applies not only to married couples but also to former spouses, family members, and individuals in intimate relationships. Importantly, the Act recognises that domestic violence extends beyond physical assault. Threats, intimidation, harassment, and the destruction of property are all forms of abuse that the law addresses.

Protection Orders

The most significant legal remedy available under the Domestic Violence Act is the protection order. A victim of domestic violence can apply to the court for an interim protection order, which is a temporary order that provides immediate protection while the application for a full protection order is being processed. The interim protection order can restrain the abuser from committing further acts of violence, from entering the victim's place of residence, and from communicating with the victim. A full protection order can be granted after the court hears evidence from both parties. The court may also include additional terms in the protection order, such as requiring the abuser to attend counselling, granting the victim exclusive occupation of the shared home, and providing for the custody and maintenance of any children involved.

Criminal Remedies

In addition to the civil remedies under the Domestic Violence Act, victims can also report domestic violence to the police as a criminal offence. Under Section 326A of the Penal Code, a person who causes hurt to their spouse or former spouse, a child, or an incapacitated adult commits a criminal offence that carries a penalty of imprisonment of up to twice the maximum term for the underlying hurt offence. The police are required to investigate reports of domestic violence, and the Public Prosecutor may bring criminal charges against the abuser. In practice, victims are often advised to pursue both civil protection orders and criminal complaints simultaneously, as the two tracks serve different purposes and provide different types of protection.

Practical Steps for Victims

If you are experiencing domestic violence, the first priority is your safety. Contact the police immediately if you are in danger. The Talian Nur hotline at 15999 provides 24-hour support and can connect you with shelters and social welfare services. You should also consider seeking medical attention and documenting any injuries, as medical reports can serve as important evidence in both civil and criminal proceedings. Keep records of all incidents, including photographs, messages and witness statements. An experienced family lawyer can help you apply for a protection order and advise you on your options regarding divorce, custody and property division.

Messrs S.K. Song provides confidential and compassionate legal assistance to victims of domestic violence in Johor Bahru. Our family law team can help you obtain protection orders and navigate the legal process. Call us at 07-334 2188 for a private consultation.