Domestic Violence Act 1994 · Updated to 1 Jul 2023 · Part IV · Procedure on Interim Protection Orders and Protection Orders
13. When protection order may be sought
Official textFrom Laws of Malaysia Online, unchanged
A 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—
as a condition of the accused’s release on bail; or
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—
the victim;
the victim’s counsel;
a social welfare officer on behalf of the victim; or
a police officer on behalf of the victim.
Domestic Violence 23
Terms defined in s 2
domestic violence
Defined · s 2“domestic violence” means the commission of one or more of the following acts: (a) wilfully or knowingly placing, or attempting to place, the victim in fear of physical injury; (b) causing physical injury to the victim by such act which is known or ought to have been known would result in physical injury; (c) 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; (d) confining or detaining the victim against the victim’s will; (e) 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; 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; (f) causing psychological abuse which includes emotional injury to the victim; (g) 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 (h) 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— (i) his or her spouse; (ii) his or her former spouse; (iii) a child; (iv) an incapacitated adult; or (v) any other member of the family;
emergency protection order
Defined · s 2“emergency protection order” means an order issued under section 3a;
interim protection order
Defined · s 2“interim protection order” means an order issued under section 4;
police officer
Defined · s 2“police officer” has the same meaning assigned to it in the Police Act 1967;
social welfare officer
Defined · s 2“social welfare officer” means a social welfare officer of the Ministry or Department responsible for welfare services and includes an assistant social welfare officer;
victim
Defined · s 2“victim” means a victim of domestic violence. Act to be read together with Penal Code, etc.
Part V