DOMESTIC VIOLENCE ACT 1994

This Act shall apply to all persons in Malaysia.

Interpretation

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

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

“Director General” means the Director General of Social Welfare and includes the State Director of Social Welfare of each of the

States;

“domestic violence” means the commission of one or more of the following acts:

wilfully or knowingly placing, or attempting to place, the victim in fear of physical injury;

causing physical injury to the victim by such act which is known or ought to have been known would result in physical injury;

compelling the victim by force or threat to engage in any conduct or act, sexual or otherwise, from which the victim has a right to abstain;

confining or detaining the victim against the victim’s will;

causing mischief or destruction or damage to property with intent to cause or knowing that it is likely to cause distress or annoyance to the victim;

(ea) dishonestly misappropriating the victim’s property which causes the victim to suffer distress due to financial loss;

(eb) threatening the victim with intent to cause the victim to fear for his safety or the safety of his property, to fear for the safety of a third person, or to suffer distress;

WJW22/0376 Act 521.indd 6 04/08/2023 4:11 PM

Domestic Violence 7

(ec) communicating with the victim, or communicating about the victim to a third person, with intent to insult the modesty of the victim through any means, electronic or otherwise;

causing psychological abuse which includes emotional injury to the victim;

causing the victim to suffer delusions by using any intoxicating substance or any other substance without the victim’s consent or if the consent is given, the consent was unlawfully obtained; or

in the case where the victim is a child, causing the victim to suffer delusions by using any intoxicating substance or any other substance, by a person, whether by himself or through a third party, against—

his or her spouse;

any other member of the family;

“emergency protection order” means an order issued under section 3a;

“enforcement officer” means a police officer or social welfare officer;

“incapacitated adult” means a person who is wholly or partially incapacitated or infirm, by reason of permanent or temporary physical or mental disability or ill-health or old age, who is living as a member of the family of the person alleged to have committed the domestic violence, and includes any person who was confined or detained by the person alleged to have committed the domestic violence;

“interim protection order” means an order issued under section 4;

WJW22/0376 Act 521.indd 7 04/08/2023 4:11 PM

8

Act 521

“Minister” means the Minister charged with the responsibility for social welfare;

“other member of the family” means—

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.

An application for an emergency protection order shall be made ex parte by—

An application for an emergency protection order may be made in any district where—

Upon receipt of the application for an emergency protection order, the application shall be heard by the authorized social welfare officer immediately and the issuance of the emergency protection order, if any, shall be made, where practicable, within two hours after the application is made.

For the purpose of an application for an emergency protection order, a police report relating to the domestic violence is not required.

The authorized social welfare officer, in making an emergency protection order under subsection (1), may issue one or more of the following orders:

An emergency protection order shall be valid for the period of seven days from the date of issuance of the order, and enforceable when a copy of the order is served on the person against whom the order is made in accordance with section 3b.

The emergency protection order issued shall not be affected by the issuance of an interim protection order or a protection order.

Service of emergency protection order 3b. (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.

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.

Substituted service for emergency protection order 3c. 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—

Any person who wilfully 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.

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.

Record of applications and emergency protection orders 3f. (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.

The record shall contain—

An interim protection order shall be made by way of an application to the court.

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.

An interim protection order issued under subsection (1)

may, where the court is satisfied that it is necessary for the protection and personal safety of the spouse or former spouse, child, incapacitated adult or any other member of the family, as the case may be, provide for any one or more of the orders specified in paragraphs 6(1)(a) to (f).

For the purpose of making the orders under subsection (3a), the provisions in subsections 6(3), (4) and (5) shall apply.

The orders provided under subsection (3a) shall have effect for the duration of the interim protection order.

WJW22/0376 Act 521.indd 13 04/08/2023 4:11 PM

14

Act 521

An interim protection order shall cease to have effect—

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

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

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

WJW22/0376 Act 521.indd 14 04/08/2023 4:11 PM

Domestic Violence 15

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 against the protected person or persons.

Orders that may be included in protection order

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;

prohibiting or restraining the person against whom the order is made from—

entering any protected person’s safe place, shelter, place of residence or shared residence or alternative residence, as the case may be;

making personal contact with any protected person other than in the presence of an enforcement officer or such other person as may be specified or described in the order;

WJW22/0376 Act 521.indd 15 04/08/2023 4:11 PM

16

Act 521

requiring the person against whom the order is made to permit any protected person to enter the shared residence, or to enter the residence of the person against whom the order is made, accompanied by any enforcement officer for the purpose of collecting the protected person’s or persons’ personal belongings;

requiring the person against whom the order is made to avoid making communication by any means with any protected person and specifying the limited circumstances in which such communication is permitted;

requiring the person against whom the order is made to permit any protected person to have the continued use of a vehicle which has previously been ordinarily used by the protected person or persons; and

the giving of any such direction as is necessary and incidental for the proper carrying into effect of any order made under any of the above-mentioned paragraphs.

For the purpose of subsection (1), the orders provided in the protection order shall have effect for such period not exceeding twelve months from the date of the commencement of such order as may be specified in the protection order.

Any one or more of the orders under subsection (1)

may be—

Except so far as the exercise of a right, by the person against whom the order is made, to occupy the shared residence, or to enter the alternative residence, is suspended or restricted, or prohibited or restrained, by virtue of an order under paragraph (1)(a) or (b), such order shall not affect any title or interest that the person against whom the order is made or any other person might have in the said premises.

The court shall not make an order excluding the person against whom the order is made from the whole of a shared residence that is solely or jointly owned or leased by him unless it is satisfied that there is no other way to secure the personal safety of any protected person for the time being, and such order, where made, shall, in the case where the shared residence is solely owned or leased by the person against whom the order is made, or may, in the case where the shared residence is jointly owned or leased by the parties, be—

In paragraph (4)(b), “modified” means modifying an order excluding the person against whom the order is made from the whole of the shared residence into an order excluding him from such part of the shared residence as is specified in the order.

Powers of arrest

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:

Where a power of arrest is attached to a protection order or interim protection order and the person against whom the order is made is arrested under subsection (2)—

In this section, “judge” includes a Magistrate.

Contravention of protection order

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.

WJW22/0376 Act 521.indd 18 04/08/2023 4:11 PM

Domestic Violence 19

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.

For the purposes of this section, a “protection order”

includes an interim protection order.

Making or renewing orders upon contravention of protection order

The court hearing a claim for such compensation may take into account—

In considering any necessary and reasonable expenses that may be taken into account under subparagraph (2)(e)(iii), the court may also take into account—

(Deleted by Act A1538).

(Deleted by Act A1538).

The court hearing a claim for compensation under section 10

may also make the order under subsection (1).

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 person.

In this section, “rehabilitation programme” means the programme provided by the Ministry responsible for welfare services for the purposes of family and community development.

the victim;

the victim’s counsel; or

a social welfare officer on behalf of the victim.

WJW22/0376 Act 521.indd 21 04/08/2023 4:11 PM

22

Act 521

Setting aside an interim protection order 12b.  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.

When protection order may be sought

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

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.

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

the victim resides;

the person against whom the protection is sought resides;

the alleged violence occurred; or

the victim is placed temporarily, and the application shall be heard by the court as soon as practicable.

Application on behalf of child or incapacitated adult

the names, gender and relationship of the parties;

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

the effective date and terms of each order issued.

WJW22/0376 Act 521.indd 23 04/08/2023 4:11 PM

24

Act 521

Proof of service of protection order

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.

Substituted service 17a.  (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.

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—

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 sufficient service of the order on the offender.

The substituted service effected under subsection (3)

shall be communicated to the victim by the court as soon as practicable.

WJW22/0376 Act 521.indd 24 04/08/2023 4:11 PM

Domestic Violence 25

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.

Seizable offences 18a.  Offences involving domestic violence shall be deemed to be seizable offences.

Duties of enforcement officers

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

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

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

explaining to the victim the rights to protection against domestic violence;

accompanying the victim to the victim’s residence or previous residence to collect personal belongings.

WJW22/0376 Act 521.indd 25 04/08/2023 4:11 PM

26

Act 521

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

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