Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
“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;
“child” means a person below the age of eighteen years who is living as a member of the offender’s family or of the family of the offender’s spouse or former spouse, as the case may be;
WJW22/0376 Act 521.indd 5 04/08/2023 4:11 PM
6
Act 521
“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;
“Director General” means the Director General of Social Welfare and includes the State Director of Social Welfare of each of the
States;
“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;
WJW22/0376 Act 521.indd 6 04/08/2023 4:11 PM
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” means an order issued under section 3a;
“enforcement officer” means a police officer or social welfare officer;
“incapacitated adult” means a person who is wholly or partially incapacitated or infirm, by reason of permanent or temporary physical or mental disability or ill-health or old age, who is living as a member of the family of the person alleged to have committed the domestic violence, and includes any person who was confined or detained by the person alleged to have committed the domestic violence;
“interim protection order” means an order issued under section 4;
WJW22/0376 Act 521.indd 7 04/08/2023 4:11 PM
8
Act 521
“Minister” means the Minister charged with the responsibility for social welfare;
“other member of the family” means—
(a)
an adult son or daughter; or
(ii)
a father or mother, of the offender; or
(b)
a brother or sister; or
(ii)
any other relative, of the offender who in the opinion of the court should, in the circumstances of that family, be regarded as a member of the family;
“police officer” has the same meaning assigned to it in the
Police Act 1967 [Act 344];
“protected person” means a person who is protected under a protection order;
“protection order” means an order issued under section 5;
“relative” means a person who is related through the full-blood or half-blood, or through marriage or adoption, including de facto adoption;
“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” means the premises at which the parties are, or have been, living together as members of the same household;
“shelter” means any home, institution or any other suitable place of which the occupier or owner is willing to receive a victim temporarily;
WJW22/0376 Act 521.indd 8 04/08/2023 4:11 PM
Domestic Violence 9
“social welfare officer” means a social welfare officer of the
Ministry or Department responsible for welfare services and includes an assistant social welfare officer;
“spouse” includes a de facto spouse, that is to say, a person who has gone through a form of ceremony which is recognized as a marriage ceremony according to the religion or custom of the parties concerned, notwithstanding that such ceremony is not registered or not capable of being registered under any written law relating to the solemnization and registration of marriages;
“victim” means a victim of domestic violence.
Act to be read together with Penal Code, etc.