THE UNSEEN BATTLES:ADDRESSING DOMESTIC VIOLENCE IN MALAYSIA

“No one should live in fear. It is not acceptable, not inevitable,

and together, we can make it stop”

– Domestic Violence Survivor

Domestic violence, often shrouded in silence and shame, represents a universal societal issue that, as in many parts of the world, takes a devastating toll on individuals, families, and the fabric of society through its ‘unseen battles’.

According to the Domestic Violence Act 1994 (“DVA”), domestic violence occurs when a person causes physical, sexual, emotional, psychological, or economic abuse, with the DVA granting protection to victims who are spouses, former spouses, children, or other family members.[1] However, it must be noted herein that DVA does not grant protection for unmarried couples.  It is to be noted that Malaysia has made significant strides in strengthening its legal framework to address the domestic violence issue.

Hence, victims of domestic violence have several recourses available, which are discussed below.

1. What can I do when I am being abused by my spouse and need immediate protection due to an imminent threat? 

• • You are not required to lodge a Police Report prior to obtaining an EPO.

• • EPO is only valid for Seven (7) days.

• In such scenario, you can obtain Interim Protection Order (IPO) which will be issued by the Magistrate Court. IPO is granted during the pendency of police investigations and restrains the perpetrator from committing domestic violence.

• • My domestic violence complaint is currently being tried in Court. But my spouse is consistently entering my residence and workplace. What can I do? 

In this scenario, you can obtain a Protection Order (PO) from Court during the trial of a criminal offence involving domestic violence.

1. 1. It provides long-term protection (up until 12 months and may be extended based on the circumstances of each case) and can include various conditions, such as prohibiting the perpetrator from entering the victim’s residence or workplace, or having contact with the victim along with exclusive occupation of the shared residence, restraining orders, orders to permit the victim’s continued use of a vehicle, and orders to permit the collection of belongings.

• • What if my spouse breaches the Protection Orders (EPO/IPO/PO)? 

1. 1. The DVA states that the violation of Protection Orders can carry penalties such as fine not exceeding RM2,000 or imprisonment for a term not exceeding six (6) months or both.

• • Violation of Protection Orders using violence can carry penalties such as fine not exceeding RM4,000 or imprisonment for a term not exceeding six (6) months or both.

• • Subsequent violation of Protection Orders would be tantamount to imprisonment for a term not less than 72 hours and not more than two (2) years and a fine not exceeding RM5,000.

• • Can I initiate a civil action against my spouse for abuse, in addition to lodging a police report for criminal action? 

Yes, the Married Women Act 1957 (“MWA”) clarifies that a husband or wife can sue each other in tort for damages in respect of injuries to their person and for the protection or security of their property, thereby allowing for civil claims in domestic violence cases.

• • I have filed a Divorce Petition in the High Court, and it is currently pending trial. However, my spouse is abusing and disturbing me during the pendency of the divorce proceedings. What can I do?

1. 1. In such circumstance, you could seek the Court’s intervention to grant an injunction against the spouse pursuant to Section 103 of Law Reform (Marriage and Divorce) Act 1976 (“LRA”).

• • Section 103 of LRA states that “The court shall have power during the pendency of any matrimonial proceedings or on or after the grant of a decree or divorce, judicial separation or annulment, to order any person to refrain from forcing his or her society on his or her spouse or former spouse and from other acts of molestation.”

• • The Britannica World Language Edition of The Oxford Dictionary defines “molestation” as: the action of molesting or condition of being molested; annoyance, disturbance, vexation.[2]

• • Court will look at the following factors in determining whether an injunction shall be granted or not: –

• • the parties’ behaviour;

• • the effect on the children if exclusion is, or is not, ordered;

• • the personal circumstances of the person sought to be excluded;

• • the accommodation available to the parties;

• • the likelihood of injuries to the parties; and

• • the parties’ health.[3]

• • What are the other things and/or considerations that I, as the victim of the domestic abuse, should be aware of? 

1. 1. Safety First: Prioritise your safety and the safety of your children. Seek immediate protection.

• • Document Everything: Keep records of abuse (dates, times, descriptions, photos, medical reports).

• • Seek Legal Counsel Immediately: An experienced lawyer can help you obtain protection orders and navigate the divorce process.

[1] Section 2 of Domestic Violence Act 1994

[2] LIOW KENG LUAN v. TAN SI HAI @ TAN SI YEN; ELAINE SEAH LI HUEI (CO-RESPONDENT)

[2024] CLJU 213

[3] LIOW KENG LUAN v. TAN SI HAI @ TAN SI YEN; ELAINE SEAH LI HUEI (CO-RESPONDENT)

[2024] CLJU 213