Domestic Violence (Amendment) Act 2017

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

in the definition of “domestic violence”, by inserting after paragraph (e) the following paragraphs:

“(ea) dishonestly misappropriating the victim’s property which causes the victim to suffer distress due to financial loss;

DOMESTIC VIOLENCE (AMENDMENT) ACT 2017

(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;

(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;”;

by inserting after the definition of “court” the following definition:

‘ “Director General” means the Director General of Social Welfare and includes the State Director of

Social Welfare of each of the States;’; and

by inserting after the definition of “domestic violence”

the following definition:

‘ “emergency protection order” means an order issued under section 3a;’.

An application for an emergency protection order may be made at any time whether or not an interim protection order or a protection order has been previously made or an

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application for an interim protection order or a protection order is still pending.

An application for an emergency protection order shall be made ex-parte by—

An application for an emergency protection order may be made in any district where—

Upon receipt of the application for an emergency protection order, the application shall be heard by the authorized social welfare officer immediately and the issuance of the emergency protection order, if any, shall be made, where practicable, within two hours after the application is made.

For the purpose of an application for an emergency protection order, a police report relating to the domestic violence is not required.

The authorized social welfare officer, in making an emergency protection order under subsection (1), may issue one or more of the following orders:

An emergency protection order shall be valid for the period of seven days from the date of issuance of the order, and enforceable when a copy of the order is served on the person against whom the order is made in accordance with section 3b.

The emergency protection order issued shall not be affected by the issuance of an interim protection order or a protection order.

Service of emergency protection order 3b.  (1)  The authorized social welfare officer who issued the emergency protection order under subsection 3a(1) shall forward a copy of the order, where practicable within ten hours of the issuance of the emergency protection order, to the officer in charge of the police district where the person against whom the order is made resides or any other police officer under his command.

The officer in charge of the police district or any other police officer under his command referred to in subsection (1)

shall serve a copy of the emergency protection order personally on the person against whom the order is made, where practicable, within twelve hours upon receiving a copy of the order.

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Substituted service for emergency protection order 3c. If the officer in charge of the police district or any other police officer under his command referred to in subsection 3b(1)

is not able to serve a copy of the emergency protection order on the person against whom the order is made personally within twelve hours of receiving a copy of the order, the service of the emergency protection order shall be effected—

Any person who willfully contravenes an emergency protection order by using violence on a protected person shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Any person who is convicted for a second or subsequent violation of an emergency protection order under subsection (2)

shall be punished with imprisonment for a period of not less than seventy-two hours and not more than two years, and shall also be liable to a fine not exceeding five thousand ringgit.

Record of applications and emergency protection orders 3f.  (1)  The authorized social welfare officer shall maintain a record of all applications for emergency protection orders and emergency protection orders issued by the authorized social welfare officer under this Act.

The record shall contain—

by inserting after subsection (3) the following subsections:

“(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).

For the purpose of making the orders under subsection (3a), the provisions in subsections 6(3),

and (5) shall apply.

The orders provided under subsection (3a) shall have effect for the duration of the interim protection order.”; and

in subsection (1)—

by substituting for the word “complainant” the word

“victim”;

by deleting the words “or a specified part of the shared residence”; and

by deleting the words “or specified part thereof”;

by deleting the words “to 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.”; and

by inserting after subsection (1) the following subsection:

“(1a) 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.”.

by substituting for the shoulder note the following shoulder note:

“Rehabilitation programme, etc.”;

Domestic Violence (Amendment)

by substituting for subsection (1) the following subsection:

“(1)  The court may, in an application in which a protection order is sought, in addition to issuing a protection order, make an order that one or more of the parties to the dispute be referred to a rehabilitation programme, provided that an order to refer the victim to a rehabilitation programme shall be made only with the consent of the victim.”;

by deleting subsections (1a) and (1b);

in subsection (2), by substituting for the words “one or both of the orders under subsection (1) or (1b)” the words “the order under subsection (1)”;

in subsection (3), by deleting the words “or (1b)”; and

by substituting for subsection (4) the following subsection:

“(4)  In this section, “rehabilitation programme” means the programme provided by the Ministry responsible for welfare services for the purposes of family and community development.”.

Amendment of section 12a

by substituting for the shoulder note the following shoulder note:

“Ex-parte application for interim protection order”;

in paragraph (a), by substituting for the word “applicant”

the word “victim”;

in paragraph (b), by substituting for the word “applicant’s”

the word “victim’s”; and

in paragraph (c), by substituting for the word “applicant”

the word “victim”.

the victim;

the victim’s counsel;

Domestic Violence (Amendment)

a social welfare officer on behalf of the victim; or

a police officer on behalf of the victim.”.

Amendment of section 14

in paragraph (a), by substituting for the word “complainant”

the word “victim”; and

in paragraph (d), by substituting for the word “complainant”

the word “victim”.

in paragraph (b), by substituting for the full stop at the end of the paragraph a semicolon; and

by inserting after paragraph (b) the following paragraphs:

“(c) informing the victim on the status of the investigations relating to the offence involving domestic violence; and

informing the victim on the status of application for an interim protection order or a protection order, including the service of the order, and the relevant court dates relating to the application.”.