Domestic Violence Act 1994 · Updated to 1 Jul 2023 · Part IV · Procedure on Interim Protection Orders and Protection Orders
14. Filing in of application
Official textFrom Laws of Malaysia Online, unchanged
Notwithstanding the provisions of any written law on the territorial jurisdiction of a court, an application for a protection order or an interim protection order involving a complaint of domestic violence may be filed in any district where—
court
“court” means— (a) in respect of criminal proceedings involving allegations of domestic violence, the court competent to try the actual offence with which the accused is charged; (b) in respect of civil proceedings for compensation under section 10, the court competent to hear such claims in tort;
the victim resides;
victim
“victim” means a victim of domestic violence. Act to be read together with Penal Code, etc.
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.
Terms defined in s 2
court
Defined · s 2“court” means— (a) in respect of criminal proceedings involving allegations of domestic violence, the court competent to try the actual offence with which the accused is charged; (b) in respect of civil proceedings for compensation under section 10, the court competent to hear such claims in tort;
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;
interim protection order
Defined · s 2“interim protection order” means an order issued under section 4;
victim
Defined · s 2“victim” means a victim of domestic violence. Act to be read together with Penal Code, etc.
Part V