Laws of Malaysia Act 521 Reprinting the domestic violence Act 1994 Contains all amendments to 1 January 2006 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 2008 2 laws of Malaysia Act 521 the domestic violence Act 1994 the date of Royal Assent............... June 24, 1994, the date of publication in the Gazette............ 7 July 1994 domestic violence 3 laws of Malaysia Act domestic violence Act 521 (1994) arrangement of sections part i preliminary section 1. short title and application 2. interpretation 3. exception for the provisions of any other written law part ii Protection 4. An interim protection order 5. Order of protection 6. The commands can be included in protection 7. power to arrest 8. Violation of order of protection 9. make or order memperbaharu when the order violated part iii compensation and counselling 10. Compensation 11. counseling, etc.
Act 521 tiny 3 5/21/08 12:17:47 PM 4 laws of Malaysia Act 521 part iV procedures regarding the Protection of section 12. When an interim protection order can be requested 13. When the order of protection can be requested 14. file a complaint 15. complaints on behalf of children or adults is not capable of 16. record complaints and order 17. proof of service of order part V Miscellaneous 18. information about an offence involving domestic violence 19. the task of enforcement officers 20. Regulations Act 521. tiny 4 5/21/08 12:17:47 PM domestic violence 5 laws of Malaysia Act domestic violence Act 521 (1994) an act to provide for legal protection in domestic violence situations and matters incidental thereto.
[1 June 1996; P.u. (B) 226/1996] be it enacted by the Seri Paduka baginda yang di-Pertuan agong with the advice and consent of the Dewan negara and Dewan rakyat in Parliament assembled, and by the authority of the same as follows: part i preliminary short title and application 1. (1) this Act may be cited as the domestic violence Act 1994.
(2) this Act shall apply to all people in malaysia.
interpretation 2. In this Act, unless the context otherwise requires — "other Member of the family" means — (a) (i) son or daughter adults; or Act 521 tiny 5 5/21/08 12:17:47 PM 6 laws of Malaysia Act 521 (ii) parent, the offender; or (b) (i) a brother, sister or brother; or (ii) any other relative of the offender, which in the opinion of the Court is laudable given, in the circumstances of the family, counts as a member of the family;
"spouse" includes de facto spouse, that is, someone who has gone through a form of ceremonial which is recognised as a religious wedding ceremony or customs of the parties concerned, even if the ceremony is not registered or could not be registered under any written law relating to ceremonies and registration of marriage;
"child" means a person under the age of eighteen years living as a member of the family of the offender or family spouse or former spouse of the offender, as the case may be;
"alternative residence" means the premises or place a victim that had to have had to search for or or moved in as a result of domestic violence;
"joint dwelling" means premises where the party is or have lived with as a member of the same household;
"domestic violence" means the Commission of any of the following acts: (a) in bersengaja or with the disedarinya put it, or try to put the victim in the case, fear of physical injury;
(b) cause physical injury to the victim with an act known or should have been known would result in physical injury;
Act 521 tiny 6 5/21/08 12:17:48 PM domestic violence 7 (c) forcing the victim by force or threat to commit any conduct or act, sexual in nature or otherwise, that the victims have the right not to do;
(d) mengurung or hold a victim without the victim his life; or (e) commit dishonesty or destruction of or damage to property with intent to cause or by realizing that it is likely to cause distress or annoyance to the victim, by a person of — (i) the wife or husband;
(ii) former wife or husband;
(iv) adults are not capable; or (v) any other Member of the family;
"Court" means — (a) in respect of criminal proceedings involving allegations of domestic violence, the court competent to try the actual offence the accused charged with it;
(b) with respect to civil proceedings for compensation under section 10, the court competent to hear the claim in tort;
"victim" means a victim of domestic violence;
"Minister" means the Minister charged with the responsibility for social welfare;
"adults are not capable" means a person wholly or partly incapable or weak, by reason of physical or mental kehilangupayaan or unhealthy or old age, who lives as a member of the family of the offender;
Act 521 tiny 7 5/21/08 12:17:48 PM 8 laws of Malaysia Act 521 "protected person" means a person who is covered under an order of protection;
"enforcement officer" means a police officer or a welfare officer from the Social Welfare Department;
"protection order" means an order issued under part ii;
"relative" means a person who has a relationship via blood full brother or blood relationship consanguine brother, or by marriage or adoption, including adoption de facto;
"a secure place" or "place of refuge" means any home or institution maintained or managed by the Department of social welfare or by any agency or other voluntary organisation approved by the Minister for the purposes of this Act or any other suitable place where residents are willing to receive the victims on a temporary basis.
the Act shall be read together with the Penal Code 3. Provisions of this Act shall be read together with the provisions of the Penal Code [Act 574].
Part ii Orders an interim protection Order Protection 4. (1) the Court may, pending an investigation in relation to the Commission of an offence involving domestic violence, issue an interim protection order that prevents the person against whom the order is made from using domestic violence against the wife or husband or former wife or husband or children or adults who are not capable or any other Member of the family, as the case may be, as stated in the order.
Act 521 tiny 8 5/21/08 12:17:48 PM domestic violence 9 (2) an interim protection order shall cease to have effect upon the completion of the investigation.
Order of protection 5. (1) the Court may, in proceedings involving a domestic violence complaint, issue of any one or more of the following protection order: (a) a protection order preventing the person against whom the order is made from using domestic violence against the complainant;
(b) the order of protection that prevents the person against whom the order is made from using domestic violence against the child;
(c) protection order that prevents the person against whom the order is made from using domestic violence against adults not capable of that.
(2) the Court in making an order under paragraph (1) (a) or (b) or (c) may include a provision that the person against whom the order is made may not incite any other person to commit violence against the protected person or persons.
Per intah the bo. d imasukkan da lam per intah protection 6. (1) an order issued under section 5 may, if satisfied on the balance of probabilities that it is necessary for the protection and safety of the complainant or children or adults is not capable of, as the case may be, provide for any one or more of the following order: (a) subject to subsection (4), the granting of exclusive occupancy rights to any person covered it in a particular division or joint residential residential with i tu by removing the person against whom the order It was made of the joint Act 521 tiny 9 5/21/08 12:17:48 PM 10 laws of Malaysia Act 521 or certain parts of it, even if the overall joint residence owned or rented by the person against whom the order is made or owned or rented in association by the party;
(b) prohibit or restrict the person against whom the order is made from entering the residence or dwelling together or alternative residence, as the case may be, any person covered, or from entering the workplace or school or other institution any person protected or from making personal contact with any of the protected person other than in the presence of a power amplifier or another person specified or described in the order;
(c) require the person against whom the order is made to allow any person that entered the residence with protected, or to enter the residence of the person against whom the order is made, with accompanied by any enforcement officers for the purpose of taking the goods belonging to the protected person or persons;
(d) require the person against whom the order is made to avoid making written or telephone communication with any person covered it and stating the limited circumstances in which such communication is permitted;
(e) require the person against whom the order is made to allow any person protected is to continue using a vehicle that is usually used by the protected person or persons;
(f) the giving of any direction as may be necessary and incidental for the fair implementation of any order made under any of the paragraphs mentioned above, to have effect for such period, not exceeding twelve months from the start date of the currency of such order, as specified in the protection order.
Act 521 tiny 10 5/21/08 12:17:48 PM domestic violence 11 (2) of any one or more of the order under subsection (1) may — (a) made or to be made again, upon violation of a protection order, in accordance with section 9; or (b) to extend for a further period, not exceeding twelve months from the date the original order, if the Court is satisfied that, although there is no occurrence of violations of the real will of the order, the extension should be for the protection and safety of the protected person or persons: provided that the extension of an order under this paragraph may not be made more than once.
(3) except to the extent that the use by the person against whom the order is made shall be a right to occupy residential property together, or to enter the residential alternatives, is suspended or restricted, or banned or blocked, by virtue of an order under paragraph (1) (a) or (b), the order is without prejudice to any ownership or interest that the person against whom the order is made or any others may have on the premises.
(4) the Court shall not make an order removing the person against whom the order is made from the entire collective residential rented or owned by it, or on the whole you jointly by him, unless the Court is satisfied that there is no other way to ensure the personal safety of any person protected it for the time being, and such order, if made, shall, in the case where the joint residence owned or rented on the whole by the person against whom the order is made , or may, in the case where the joint residence owned or rented in association by the party, — (a) cancelled if a suitable alternative residence is found for the protected person or persons; or (b) revoked or modified when the Court is satisfied that it is no longer necessary to ensure the personal safety of the protected person or persons.
Act 521 tiny 11 5/21/08 12:17:48 PM 12 laws of Malaysia Act 521 (5) in paragraph (4) (b), "modified" means modify an order removing the person against whom per intah i tu made dar ipada overall residential with it to an order which it was issued from a residential section with it as specified in the order.
the power of arrest 7. (1) if 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 any person is covered, the Court may include a power of arrest to order an interim protection order or a protection that, whichever is applicable.
(2) where a power of arrest is attached by virtue of subsection (1), then a police officer may arrest without warrant the person against whom the order is made when he has reasonable cause to believe that the person violated an order issued under subsection 4 (1) or 5 (1) or an order in the order of protection included in paragraph 6 (1) (a) or (b) , by reason of the person using violence or, as the case may be, to enter any place prohibited under the order.
(3) If a power of arrest attached to a protection order or interim protection order and the person against whom the order is made is arrested under subsection (2) — (a) he shall be brought before a judge within twenty-four hours from the time he was arrested; and (b) he shall not be released during that period except on the directions of the judge, but there is nothing in this section may allow it to continue to be detained under this subsection after expiry of such period.
(4) in this section "judge" includes a magistrate.
Act 521 tiny 12 5/21/08 12:17:48 PM domestic violence protection order Violation 13 8. (1) any person who violates an order of protection bersengaja or any of its provisions commits an offence and, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) any person who violates an order of protection bersengaja by using violence on the person covered shall, on conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) any person who is convicted of a violation for the second time or will then be an order under subsection (2) shall be punished by imprisonment for a term not less than seventy-two hours and not more than two years, and may be liable to a fine not exceeding five thousand dollars.
(4) for the purposes of this section "order" includes an interim protection order.
Make or order memperbaharu when the order hit 9. If a person against whom an order of protection has been made in breach of the protection order, the Court may in addition to any penalty provided under section 8 of the making or doing, as the case may be, any one or more of the order under subsection 6 (1), to come into force from the date specified in the order.
part iii compensation and counselling Compensation 10. (1) If a victim of domestic violence suffers personal injury or damage to property or loss of Act 521 tiny 13 5/21/08 12:17:48 PM 14 laws of Malaysia Act 521 financial as a result of domestic violence, the Court heard the claim for compensation may award any compensation in respect of injury or damage or loss i tu as he may deem fair and reasonable.
(2) the court hearing the claim for compensation could be about — (a) the pain and suffering of the victims, and the nature and extent of injuries is experiencing physical or mental;
(b) the cost of medical treatment for the injury;
(c) any loss of income arising from it;
(d) the amount or value of the property taken or destroyed or damaged;
(e) necessary and reasonable expenses incurred by or on behalf of a victim when the victim had to split or separated from the defendant because of the violence, such as — (i) the accommodation expenses contributed to a place of safety or refuge;
(ii) the expense of transportation and transfers;
(iii) the expenditure required in setting up a separate household, subject to subsection (3), may include the amount represents payment on housing loans or rents or part thereof, in respect of joint residence, or alternative residence, as the case may be, for a period as the Court thinks equitable and reasonably necessary.
(3) in considering any necessary and reasonable expenses that may be taken into account under subparagraph (2) (e) (iii), the Court may also take into account of — (a) the financial position of the victim as well as the defendant;
Act 521 tiny 14 5/21/08 12:17:48 PM domestic violence 15 (b) the relationships which exist between the parties on the basis and require the defendants make or contribute such payment;
(c) the possibility of other proceedings taken between the parties and whether the matter is more appropriately dealt with under the relevant law relating to the financial provisions for the spouse or former spouse and other dependants.
11. (1) the Court may, in any proceedings in which the order of protection requested, in lieu of or in addition to issuing the order of protection, make one or both of the following order: (a) that the parties referred to the body of peace;
(b) that one or more parties to the dispute referred to the rehabilitation therapy, psychotherapy or other counselling appropriate Atonement.
(2) the court hearing a claim for compensation under section 10 may also make one or both of the order under paragraph (1) (a) or (b).
(3) when considering any question relating to the making of an order under subsection (1), the Court may, when practicable, take the advice of an officer of social welfare or any other people who are trained or experienced.
(4) in this section "conciliatory body" covering the body holding counselling services set up under the Social Welfare Department and, in the case where the parties are Muslims, includes also body established under Islamic Religious Affairs Department concerned.
Act 521 tiny 15 5/21/08 12:17:48 PM 16 laws of Malaysia Act 521 part iV procedure on Protection Orders When an interim protection order can be requested 12. An interim protection order can be requested pending the investigation by the police following the information relating to the Commission of an offence involving domestic violence.
When the order of protection can be requested 13. An order of protection can be requested in any criminal proceedings under penal code when the accused is charged with an offence committed in circumstances that fall within the definition of "domestic violence", — (a) as a condition to release the accused with a guarantee or at any other stage of the proceedings; or (b) during the mengkompaunkan the offence under section 260 criminal procedure code [Act 593].
File a complaint 14. A complaint pursuant to this Act shall be filed in any district in which — (a) that the complainant lived;
(b) the offender is staying;
(c) the alleged violence occurred; or (d) the victim is temporarily housed, and shall be heard by the Court as soon as practicable.
Act 521 tiny 16 5/21/08 12:17:51 PM domestic violence 17 complaints on behalf of children or adults is not capable of 15. In the case of a child or an adult is not capable is unable to file a complaint, the complaint may be filed by a guardian or relative or person responsible for the care of children or adults is not capable of, as the case may be, or by an enforcement officer.
record complaints and order 16. Registry of the Court shall maintain a record of all complaints filed pursuant to this Act, and any order of protection and interim protection order issued by a court under this Act. the record shall include — (a) the name, sex and relationship of the parties;
(b) the alleged domestic violence, whether it involves any weapons, or result in personal injury and whether injury imposed that need medical treatment;
(c) the effective date and terms of each order issued.
Proof of service of order 17. Within twenty four hours of the issuance of a protection order or interim protection order, as the case may be, the Registrar of the Court in which it is issued shall submit a copy of the order to the officer in charge of the police district where the offender resides. The police officer concerned shall file a proof of delivery with the Registrar of the Court within seven days after delivery.
Act 521 tiny 17 5/21/08 12:17:51 PM 18 laws of Malaysia Act 521 part V Miscellaneous information about an offence involving domestic violence 18. (1) any person who has reason to believe that an offence involving domestic violence is being or has been committed may provide information to a person in respect of enforcement officers.
(2) No person shall provide any such information in good faith can bear any liability because of defamatory or otherwise in respect of the provision of that information.
the task of enforcement officers 19. (1) the duties of an officer enforcement shall include — (a) help a person victim of domestic violence to file complaints in respect of domestic violence it;
(b) provide or arrange transport for the victim to residential alternative or place of safety or refuge if such transportation is needed;
(c) provide or arrange transport for the victim to hospitals or the nearest medical facilities for treatment of injury if the treatment is required;
(d) explain to the victim's right protection against domestic violence;
(e) menemankan victims to the victim's residence or previous residence to take belongings.
Act 521. tiny 18 5/21/08 12:17:51 PM domestic violence 19 (2) an enforcement officers who is also a police officer shall have the following additional tasks: (a) the exercise of the powers of arrest under this Act or any other written law;
(b) remove or keep an eye on production of a person removed from the joint residence if the Court has issued an order under paragraph 6 (1) (a).
Regulations 20. (1) the Minister may make regulations for the purpose of carrying out the provisions of this Act.
(2) without prejudice to the generality of subsection (1), such regulations may provide for — (a) the maintenance of a register or record by the Court on matters filed pursuant to this Act;
(b) form prescribed for any information, complaint, report, order or other document required by this Act;
(c) procedures with respect to the filing of any document referred to in paragraph (b);
(d) the making of finding the right and grant of certified copy of any document referred to in paragraph (b);
(e) the determination of fees that may be imposed for the purposes of this Act;
(f) any other matter under this Act is required or permitted to be so specified.
Act 521 tiny 19 5/21/08 12:17:52 PM 20 laws of Malaysia Act 521 laws of Malaysia Act 521 the domestic violence Act 1994 List Amendment law short title force amend the from-no-Act 521 tiny 20 5/21/08 12:17:52 PM domestic violence 21 laws of Malaysia Act 521 the domestic violence Act 1994 amended Section List Section power amend with effect from-no-Act 521 tiny 21 5/21/08 12:17:52 PM