Domestic Violence Act 1994 · Updated to 1 Jul 2023 · Part II · Interim Protection Order and Protection Order
4. Interim protection order
Official textFrom Laws of Malaysia Online, unchanged
The court may, during the pendency of investigations relating to the commission of an offence involving domestic violence, issue an interim protection order prohibiting the person against whom the order is made from using domestic violence against his or her spouse or former spouse or a child or an incapacitated adult or any other member of the family, as the case may be, as specified in the order.
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;
An interim protection order shall be made by way of an application to the court.
interim protection order
“interim protection order” means an order issued under section 4;
The court in making an interim protection order under subsection (1) may include a provision prohibiting the person against whom the order is made from inciting any other person to commit domestic violence against the spouse or former spouse or a child or an incapacitated adult or any other member of the family, as the case may be, of the person against whom the order is made.
domestic violence
“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;
An interim protection order issued under subsection (1)
may, where the court is satisfied that it is necessary for the protection and personal safety of the spouse or former spouse, child, incapacitated adult or any other member of the family, as the case may be, provide for any one or more of the orders specified in paragraphs 6(1)(a) to (f).
spouse
“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;
For the purpose of making the orders under subsection (3a), the provisions in subsections 6(3), (4) and (5) shall apply.
The orders provided under subsection (3a) shall have effect for the duration of the interim protection order.
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An interim protection order shall cease to have effect—
upon the protected person being informed in writing by a police officer about the completion of the investigations and that there is no further action to be taken against the person against whom the order is made;
upon the institution of a criminal proceeding against the person against whom the order is made if, upon being informed in writing by a police officer 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, no application for a protection order is made by the protected person within seven days after being so informed; or
upon the determination of an application for a protection order by the court if, upon being informed in writing by a police officer 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, the application for the protection order is made by the protected person within seven days after being so informed.
Terms defined in s 2
child
Defined · s 2“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;
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;
incapacitated adult
Defined · s 2“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
Defined · s 2“interim protection order” means an order issued under section 4;
other member of the family
Defined · s 2“other member of the family” means— (a) (i) an adult son or daughter; or (ii) a father or mother, of the offender; or (b) (i) 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
Defined · s 2“police officer” has the same meaning assigned to it in the Police Act 1967;
protected person
Defined · s 2“protected person” means a person who is protected under a protection order;
spouse
Defined · s 2“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;
Part III
Compensation and Rehabilitation Programme
Part IV
Procedure on Interim Protection Orders and Protection Orders
Part V