Malaysia legislation
Section 10
Section 10
(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 physical injury or psychological abuse which includes emotional injury suffered;
(b)
the cost of medical treatment for such injuries;
WJW22/0376 Act 521.indd 19 04/08/2023 4:11 PM
20
Act 521
(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 separate or be separated from the defendant due to the domestic violence, such as—
(i)
lodging expenses to be contributed to a safe place or shelter;
(ii)
transport and moving expenses;
(iii)
the expenses required in setting up a separate household which, subject to subsection (3), may include amounts representing such housing loan payments or rental payments or part thereof, in respect of the shared residence or alternative residence, as the case may be, for such period as the court considers just and reasonably necessary.
(3)
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—
(a)
the financial position of the victim as well as that of the defendant;
(b)
the relationship that exists between the parties and the reasonableness of requiring the defendant to make or contribute towards such payments;
(c)
the possibility of other proceedings being taken between the parties and the matter being more appropriately dealt with under the relevant laws relating to the financial provision of spouses or former spouses and other dependants.
WJW22/0376 Act 521.indd 20 04/08/2023 4:11 PM
Domestic Violence 21
Rehabilitation programme, etc.