Domestic Violence - FAQ
1. Will my spouse go to jail if I lodge police report?
When you lodge a police report, the police Investigation Officer will call your spouse for an investigation. Upon completing the investigation, the Deputy Public Prosecutor will decide whether to charge your spouse based on his violence and the evidence collected. Only if your spouse found guilty by the court, there may be imprisonment.
2. What if the police refused to take my report?
No police officer can refuse any person from making a report at any police station. If it happens to you, you can complain to the Head of the police station (Ketua Balai Polis) in the police station itself.
3. Can I call the police if I am confined by my spouse?
Yes, you can. You can call 999 and they will direct your call to the nearest police station where you stay. You have to tell the police your home address and they will send the police officer to your house immediately. If your spouse is there when the police arrives, do have the courage to tell the police that you need help. Then follow the police officer to the police station and you may wish to formally lodge a police report against your spouse for locking you inside your house.
4. If I leave my house, do I have the right to take my children away?
Both the father and mother have equal guardianship and custody of the children. You do have the right to take them along with you when you leave your home. This is important if you fear that your spouse might abuse your children or they are still young and not able to be taken care by your spouse.
5. How do I get my belongings back after I leave the violent home?
After you have lodged a police report, you can tell your police Investigation Officer that you need to collect your belongings. They will assign a police officer to accompany you to your house to collect your belongings. You can also approach a welfare officer as well.
6. What if my spouse hurt or threaten me after I have obtained an Interim Protection Order?
You have to lodge a police report and contact your police Investigation Officer immediately. If your Interim Protection Order (IPO) is attached with the power of arrest, the Investigation Officer can take the immediate action by arresting him. In the process of applying an IPO, it is advisable to include the power of arrest into the IPO. You can inform your welfare office for this.
7. As a Muslim wife, if I was beaten up by my husband, how do I leave my house without being accused nusyuz?
You can go to the Pejabat Agama to lodge the complaint about the abuse. You have to tell the Uztad that you have already left home and seek a safer place. It is better if you have a police report about your abused incident.
8. Can I lodge a police report against my spouse and inform the police not to take any action?
Yes, you can. The report can be made for safety and also kept as a record of his abuses against you.
9. Where can I go if violence happens at night and I have nobody to turn to?
You can go to the nearest government hospital at the Accident and Emergency Department (A&E). Tell the staff nurse in charge about your emergency situation and safety that you need a place to stay for overnight. The nurse will arrange for you then you can call the WCC or any other NGO for help the next morning.
10. If my boy friend hits me, can I lodge police report?
Yes, you can lodge police report for assault. However the Domestic Violence Act does not cover this relationship.