It was reported from January to April 2021, a total of 902 cases of domestic violence has been reported in Malaysia. Women, Family and Community Development Minister, Datuk Seri Rina Mohd Harun mentions that one major factor contributing to the surge in domestic violence cases is caused by the economic pressure due to affected incomes during the Covid-19 pandemic.
A brief overview of the Domestic Violence Act 1994 will be explained to understand on the protection orders that may be obtained by victims against the offenders.
Based on Section 2 of the Domestic Violence Act 1994, ‘domestic violence’ means commissions of the following acts:
- wilfully or knowingly placing, or attempting to place, the victim in fear of physical injury
- causing physical injury to the victim by such act. which is known or, ought to have been known would result in physical injury
- compelling the victim by force or threat to engage in any conduct or act, sexual or otherwise, from the victim has a right to abstain
- confining or detaining the victim against the victim’s will
- 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, by a person against
- his or her spouse
- his or her former spouse
- a child
- an incapacitated adult
- any other member of the family
Protection Orders
There are three types of orders that are available for to domestic violence victims.
Where the victim is a child or an incapacitated adult, the guardian, relative or the caregiver can apply for an order on their behalf. The offender need not to be present to apply for the orders.
- Emergency Protection Order (EPO)
An EPO can be applied at the nearest Jabatan Kebajikan Malaysia (JKM) office or by calling Talian Kasih (15999), by victims who fall under category 1 and 2 of the domestic violence acts listed above.
The EPO is valid for 7 days from the date when the order is issued.
The orders that may come into effect after an EPO is issued are:
- prohibiting the perpetrator from using domestic violence against the survivor
- prohibiting the perpetrator from inciting any other person to commit domestic violence against the survivor; or
- prohibiting the perpetrator from entering the survivor’s safe place, shelter, place of residence, shared residence or alternative residence.
2. Interim Protection Order (IPO)
An IPO is issued by the Magistrate Court. Prior to applying for an IPO, victims should file a police report and obtain a referral letter from the police officer before requesting to apply for an IPO at JKM. A social welfare worker from JKM will assist victims in obtaining an IPO from the court.
Based on Section 4 of the Domestic Violence Act 1994, an IPO prohibits offenders from inflicting violence against the victims.
Additionally, the IPO:
- Grants victims the right to exclusive occupation at a shared residence
- Prohibits the offender from entering any place of residence, shelter, place of employment of a victim or going near any victim at a distance of at least 50 meters
- Prohibits the offender from personally contacting any victim other than in the presence of a police officer or social welfare officer or deny communication altogether
- Requires the offender to permit a victim the control and possession of a vehicle that was previously used by the victim.
3. Protection Order (PO)
Under Section 6(1), a PO may be issued by the Magistrate Court once the court is satisfied that there is a balance of probabilities that protection is necessary for the complainant following the completion of the police investigation.
A PO is valid for 12 months upon issue of order, but may be renewed if offender contravenes the existing order or the court is satisfied that extension of order is necessary for the protection and personal safety of the victim.
The effects of the PO are similar to IPO.
Breach of Orders
Breaching these orders would result in:
- Fine not more than RM2000, or imprisonment not more than 6 months, or both
- If EPO/IPO/PO is breached using violence on victim, fine not more than RM4000, or imprisonment not more than 1 year, or both
- Repeated breaches would result in imprisonment not less than 72 hours and not more than 2 years, or fine not more than RM5000.
