Domestic Violence Act Malaysia: Legal Protection and Remedies

Domestic violence is a serious social and legal issue in Malaysia, affecting individuals across all communities and economic backgrounds. The Domestic Violence Act 1994 (DVA) was enacted to provide legal protection for victims of domestic violence and to establish mechanisms for obtaining protection orders, counselling and other forms of relief. If you or someone you know is experiencing domestic violence in Johor Bahru, understanding the legal protections available is the first step towards safety and justice. This guide explains the provisions of the DVA, the types of protection orders available and the practical steps you can take to protect yourself and your family.

What Constitutes Domestic Violence?

Under Section 2 of the DVA, domestic violence is defined broadly to include the following acts committed by a person against a spouse, former spouse, child, incapacitated adult or other member of the household:

• Physical abuse: Hitting, pushing, kicking, burning or any other act that causes physical injury.
• Sexual abuse: Any sexual act committed without consent, including within marriage (marital rape provisions apply under the Penal Code).
• Emotional and psychological abuse: Conduct that causes emotional or mental harm, including threats, intimidation, humiliation and controlling behaviour.
• Financial abuse: Controlling access to financial resources, preventing the victim from working or disposing of the victim's property without consent.

It is important to note that domestic violence is not limited to physical abuse. Emotional, psychological and financial abuse are equally recognised under the DVA and can form the basis for legal action.

Types of Protection Orders

The DVA provides for three types of protection orders:

Interim Protection Order (IPO)

An Interim Protection Order may be granted by the court upon the application of a victim while police investigations are ongoing. The IPO provides immediate protection and may restrain the abuser from committing further acts of violence, entering the victim's residence or contacting the victim. An IPO is typically granted on an urgent basis and remains in effect until the court makes a further order.

Protection Order (PO)

A Protection Order is made by the court after considering the evidence and is the primary protective remedy under the DVA. The PO may contain provisions restraining the abuser from committing domestic violence, entering the shared household, communicating with the victim, and accessing the victim's place of work or study. The PO may also grant the victim exclusive occupation of the shared household and specify arrangements for the care and custody of children.

Non-Molestation Order

The court may also issue a non-molestation order as part of or in addition to a protection order, restraining the abuser from molesting, harassing or interfering with the victim's peace and comfort.

How to Apply for a Protection Order in Johor Bahru

The process for obtaining a protection order involves the following steps:

• Report to the police: The first step is to make a police report at the nearest police station. The police are required under the DVA to investigate the complaint and refer the matter to the Social Welfare Department.
• Seek medical attention: If you have been physically injured, seek medical treatment and obtain a medical report documenting your injuries. This report will be important evidence in court.
• Engage a lawyer: While you can apply for a protection order without a lawyer, having legal representation significantly improves your chances of obtaining a comprehensive order. The family law team at Messrs S K Song can assist with the application.
• File the application: Your lawyer will file an application for a protection order at the Sessions Court in Johor Bahru, together with supporting documents including the police report, medical report and any other evidence of abuse.
• Court hearing: The court will schedule a hearing, typically within a few weeks. If the court is satisfied that domestic violence has occurred or is likely to occur, it will grant the protection order.

Penalties for Breach of a Protection Order

Breaching a protection order is a criminal offence under Section 8 of the DVA. A person who contravenes a protection order is liable on conviction to a fine of up to RM2,000 or imprisonment for up to six months, or both. For subsequent offences, the penalties increase to a fine of up to RM4,000 or imprisonment for up to twelve months, or both. The police are empowered to arrest a person who breaches a protection order without a warrant. Victims should report any breach immediately to the police and to their lawyer.

Support Services in Johor Bahru

In addition to legal remedies, victims of domestic violence in Johor Bahru can access support services including the Social Welfare Department (JKM), which provides counselling, temporary shelter and financial assistance, and women's crisis centres operated by NGOs. The Talian Kasih hotline (15999) provides 24-hour support and referrals. The Hospital Sultanah Aminah and Hospital Permai offer medical examinations and treatment for victims of violence.

Domestic Violence and Divorce

Domestic violence is recognised as a ground for divorce under the Law Reform (Marriage and Divorce) Act 1976. A victim of domestic violence may file a single petition for divorce on the ground of unreasonable behaviour, citing the abuse as evidence that the marriage has irretrievably broken down. The existence of a protection order and police reports strengthens the petition. Our divorce guide for Johor Bahru provides more details on the divorce process.

Confidential Legal Assistance

At Messrs S K Song, we understand the sensitivity and urgency of domestic violence cases. Our family law team provides confidential, compassionate legal support to victims of domestic violence in Johor Bahru. We can assist with obtaining protection orders, filing police reports, initiating divorce proceedings and making arrangements for the care of children. Contact us for a private and confidential consultation.