Domestic Violence Act 1994 · Updated to 1 Jul 2023 · Part II · Interim Protection Order and Protection Order
6. Orders that may be included in protection order
Official textFrom Laws of Malaysia Online, unchanged
A protection order issued under section 5 may, where the court is satisfied on a balance of probabilities that it is necessary for the protection and personal safety of the victim or the child or the incapacitated adult, as the case may be, provide for any one or more of the following orders:
subject to subsection (4), the granting of the right of exclusive occupation to any protected person of the shared residence by excluding the person against whom the order is made from the shared residence, regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties;
prohibiting or restraining the person against whom the order is made from—
entering any protected person’s safe place, shelter, place of residence or shared residence or alternative residence, as the case may be;
entering any protected person’s place of employment or school;
entering any other institution where any protected person is placed;
going near any protected person at a distance of at least fifty metres or at a distance the court thinks reasonable; or
making personal contact with any protected person other than in the presence of an enforcement officer or such other person as may be specified or described in the order;
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requiring the person against whom the order is made to permit any protected person to enter the shared residence, or to enter the residence of the person against whom the order is made, accompanied by any enforcement officer for the purpose of collecting the protected person’s or persons’ personal belongings;
requiring the person against whom the order is made to avoid making communication by any means with any protected person and specifying the limited circumstances in which such communication is permitted;
requiring the person against whom the order is made to permit any protected person to have the continued use of a vehicle which has previously been ordinarily used by the protected person or persons; and
the giving of any such direction as is necessary and incidental for the proper carrying into effect of any order made under any of the above-mentioned paragraphs.
For the purpose of subsection (1), the orders provided in the protection order shall have effect for such period not exceeding twelve months from the date of the commencement of such order as may be specified in the protection order.
Any one or more of the orders under subsection (1)
may be—
made or made anew, upon the contravention of a protection order, in accordance with section 9; or
extended for a further period, not exceeding twelve months from the date of the expiration of the original order, where the court is satisfied that, notwithstanding that there had been no actual contravention of the order, such extension is necessary for the protection and personal safety of the protected person or persons:
Provided that the extension of an order under this paragraph shall not be made more than once.
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Except so far as the exercise of a right, by the person against whom the order is made, to occupy the shared residence, or to enter the alternative residence, is suspended or restricted, or prohibited or restrained, by virtue of an order under paragraph (1)(a) or (b), such order shall not affect any title or interest that the person against whom the order is made or any other person might have in the said premises.
shared residence
“shared residence” means the premises at which the parties are, or have been, living together as members of the same household;
The court shall not make an order excluding the person against whom the order is made from the whole of a shared residence that is solely or jointly owned or leased by him unless it is satisfied that there is no other way to secure the personal safety of any protected person for the time being, and such order, where made, shall, in the case where the shared residence is solely owned or leased by the person against whom the order is made, or may, in the case where the shared residence is jointly owned or leased by the parties, be—
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;
revoked if a suitable alternative residence is found for the protected person or persons; or
revoked or modified upon the court being otherwise satisfied that it is no longer necessary for securing the personal safety of the protected person or persons.
In paragraph (4)(b), “modified” means modifying an order excluding the person against whom the order is made from the whole of the shared residence into an order excluding him from such part of the shared residence as is specified in the order.
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;
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;
enforcement officer
Defined · s 2“enforcement officer” means a police officer or social welfare officer;
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;
protected person
Defined · s 2“protected person” means a person who is protected under a protection order;
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.
Part III
Compensation and Rehabilitation Programme
Part IV
Procedure on Interim Protection Orders and Protection Orders
Part V