Domestic Violence Act 1994 · Updated to 1 Jul 2023 · Part V · Miscellaneous
19. Duties of enforcement officers
Official textFrom Laws of Malaysia Online, unchanged
The duties of an enforcement officer shall include—
enforcement officer
“enforcement officer” means a police officer or social welfare officer;
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.
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An enforcement officer who is also a police officer shall have the following additional duties:
police officer
“police officer” has the same meaning assigned to it in the Police Act 1967;
exercising the powers of arrest under this Act or any other written law;
removing or supervising the removal of a person excluded from a shared residence where the court has issued an order under paragraph 6(1)(a);
informing the victim on the status of the investigations relating to the offence involving domestic violence; and
informing the victim on the status of application for an interim protection order or a protection order, including the service of the order, and the relevant court dates relating to the application.
Regulations
Terms defined in s 2
alternative residence
Defined · s 2“alternative residence” means the premises or accommodation which the victim is or has been compelled to seek or move into as a result of domestic violence;
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;
enforcement officer
Defined · s 2“enforcement officer” means a police officer or social welfare officer;
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;
safe place
Defined · s 2“safe place” means any home or institution maintained or managed by the Ministry or Department responsible for welfare services or by any other agency or voluntary organization approved by the Minister for the purposes of this Act;
shared residence
Defined · s 2“shared residence” means the premises at which the parties are, or have been, living together as members of the same household;
shelter
Defined · s 2“shelter” means any home, institution or any other suitable place of which the occupier or owner is willing to receive a victim temporarily; Domestic Violence 9
victim
Defined · s 2“victim” means a victim of domestic violence. Act to be read together with Penal Code, etc.