Say No To Violence. What Action Can Be Taken Towards People Who Use Domestic Violence

Domestic violence is rampant in all walks of but it is still not talked about openly. Statistics show that 1 out of every 6 women is battered by her husband or boyfriend. Even though domestic violence is a crime, most people don't think it is. They see it as a domestic or family affair. This makes it hard for battered women to look for help.

1. The Domestic Violence Act 1994

The Act aims to give protection to people who have been abused.

The Domestic Violence Act protects anyone in Malaysia and includes married women/men and children, de facto wife/husband, former spouses, children below the age of 18, incapacitated adults who live as family members or other adults the court may deem fit to be covered by the Act.

The following are considered as domestic violence:-

(i) causing physical injury where it is known or ought to have been known that physical injury would be a result;
(ii) sexual abuse
(iii) emotional and psychological abuse
(iv) intimidation/harassment/stalking abusive behaviour that harms or may cause harm to a person

2. To stop domestic violence

The victim, a guardian or relative of the victim can do the following:-

(i) lodge a police report;
(ii) lodge a complaint at the nearest District Social Welfare Department.

Note: An enforcement officer i.e. welfare officer or police officer can lodge a complaint on behalf of a child.

a. Duty of the Social Welfare Officer

(i) assist a victim in getting medical aid and lodging a police report (if one has not been made);
(iii) apply for an Interim Protection Order from the Magistrates Court;
(iii) initiate investigations on the abuse and meet the parties at counseling sessions;
(iv) provide temporary shelter to the victim who has nowhere else to go;
(v) settle new arrangements for the children's school, accommodation, etc.

b. Steps to be taken by the Police

(i) The police will contact the Welfare department and if the victim is injured, the victim will be sent to the hospital.
(ii) An investigation into the alleged abuse will be conducted by the Investigating Officer;
(iii) If required, the police will detain the aggressor for 24 hours;
(iv) The police may detain the aggressor for more than 24 hours but not more than 14 days after obtaining an Order from the Magistrates Court

3. The court has the power to grant

(i) an Interim Protection Order i.e an Order restraining an aggressor which is valid for 12 months and can be renewed for a further 12 months.
(ii) right of exclusive occupation of the home regardless of whether it is jointly or solely owned or rented
(iii) an order prohibiting entry to the victim's school or place of work;
(iv) any other Order that may be required for the safety of the victim

Note: a police report may be made and the police will prosecute the aggressor, who upon conviction may be jailed/fined;

If the victim had filed Petition for Divorce/Nullity then a Restraining Order can be obtained from the High Court

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