Malaysia legislation

Section 13

of DOMESTIC VIOLENCE ACT 1994

Section 13

(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 Code [Act 593].

Application for protection order 13a.  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.

WJW22/0376 Act 521.indd 22 04/08/2023 4:11 PM

Domestic Violence 23

Filing in of application

Section 13 — AKTA KEGANASAN RUMAH TANGGA 1994 | mylaw.my