Cases on domestic violence have greatly increased amidst the pandemic outbreak in Malaysia and it is very worrisome considering most of the victims are stuck at home with the abuser due to the home quarantine or work-from-home policy. Domestic Violence is governed under the Domestic Violence Act 1994 where it includes the commission of abuse in both marital and familial relationship. With this, the children, wife/husband’s mother and father or other family members are also protected under this Act from any kind of violence by the abuser!
What amounts to violence can be seen in Section 2 of the Domestic Violence Act 1994, which includes psychological abuse causing emotional injury; damage to victim’s property; causing physical injury; putting the victim in fear of his/her safety; causing financial loss and others.
If you are experiencing domestic violence, this is what you can do:-
A – APPLY INTERIM PROTECTION ORDER [can be obtained in 1-2 day(s)]
1. Lodge a police report detailing all the information such as date and time of the domestic violence.
2. When reporting, apply for Interim Protection Order in order to restraint the abuser from using domestic violence against the victim before police investigation is carried out. Application can also be made by the victim’s counsel or a social welfare officer.
3. Police will provide a referral letter for the victim to serve at Jabatan Kebajikan Masyarakat.
4. After serving, an officer from Jabatan Kebajikan Masyarakat will accompany the victim to court to get Interim Protection Order. Court will decide whether the order can be granted.
5. If granted, and when a case has been taken against the abuser, the victim can choose to apply Protection Order to further restraint the abuser from going near to the victim; entering the victim’s place of residence, place of employment or school; making personal contact etc.
6. Interim Protection Order will cease to have effect after police investigation has stopped or upon the institution of criminal proceeding against the abuser.
B - APPLY EMERGENCY PROTECTION ORDER [can be obtained in 2 hours]
1. Application can be made via Talian Nur at 15999 or visit Jabatan Kebajikan Masyarakat.
2. Emergency Protection Order is only effective for seven (7) days.
3. Must apply Interim Protection Order within seven (7) days after the issuance of EPO by following the steps in A above if the victim intents to be further protected.
Alternatively, should you require our assistance, we can be reached at 03 4107 6216.
Natasha & Co
Advocates & Solicitors I Peguambela & Peguamcara