Domestic Violence Act 1994 · Updated to 1 Jul 2023 · Part II · Interim Protection Order and Protection Order
7. Powers of arrest
Official textFrom Laws of Malaysia Online, unchanged
Where the court is satisfied that the person against whom a protection order or interim protection order is made is likely to cause actual physical injury to the protected person or persons, the court shall attach a power of arrest to such protection order or interim protection order, as the case shall 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;
If a power of arrest is attached by virtue of subsection (1), a police officer shall arrest without warrant the person against whom the order is made when one or more of the following situations arise:
police officer
“police officer” has the same meaning assigned to it in the Police Act 1967;
when there is a report of domestic violence lodged by a person who is protected under the interim protection order or protection order to any police officer;
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when the police officer has reasonable cause to believe that the person against whom the order is made is in breach of—
the order issued under subsection 4(1) or 5(1);
or
any order made pursuant to paragraph 6(1)(a)
or (b); or
when the person against whom the order is made enters into any place prohibited under the order.
Where a power of arrest is attached to a protection order or interim protection order and the person against whom the order is made is arrested under subsection (2)—
he shall be brought before a judge within twenty-four hours of his arrest; and
he shall not be released within that period except on the direction of the judge, but nothing in this section shall authorize his continued detention under this subsection after the expiry of that period.
In this section, “judge” includes a Magistrate.
Terms defined in s 2
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;
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;
protected person
Defined · s 2“protected person” means a person who is protected under a protection order;
Part III
Compensation and Rehabilitation Programme
Part IV
Procedure on Interim Protection Orders and Protection Orders
Part V