Malaysia legislation
Section 4
Section 4
(2)
An interim protection order shall be made by way of an application to the court.
(3)
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.
(3a)
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).
(3b)
For the purpose of making the orders under subsection (3a), the provisions in subsections 6(3), (4) and (5) shall apply.
(3c)
The orders provided under subsection (3a) shall have effect for the duration of the interim protection order.
WJW22/0376 Act 521.indd 13 04/08/2023 4:11 PM
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Act 521
(4)
An interim protection order shall cease to have effect—
(a)
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;
(b)
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
(c)
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.
Protection order