THE DOMESTIC VIOLENCE ACT 1994

An Act to provide for legal protection in situations of domestic violence and matters incidental thereto.

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 1  Preliminary
Part 2  Protection Order
Part 3  Compensation and Counselling
Part 4  Procedure on Protection Orders
Part 5  Miscellaneous

PART 1:  P R E L I M I N A R Y

1. Short title, interpretation and commencement
(1) This Act may be cited as the Domestic Violence Act 1994 and shall come into force on such a date as the Minister may, by notification in the Gazette, appoint.

(2) This Act shall apply to all persons in Malaysia.

2. Interpretation
In this Act, unless the context otherwise requires-

"alternative residence" means the premises or accommodation which the victim is or has been compelled to seek or move into as a result of domestic violence;

"child" means a person below the age of 18 years who is living as a member of the offender's family or of the family of the offender's spouse or former spouse, as the case may be;-

"court" means-

(a) in respect of criminal proceedings involving allegations of domestic violence, the court competent to try the actual offence with which the accused is charged;

(b) in respect of civil proceedings for compensation under section 10, the court competent to hear such claims in tort;

"domestic violence" means the commission of any of the following acts:

(a) willfully or knowingly placing, or attempting to place, the victim in fear of physical injury;

(b) causing physical injury to the victim by force or threat to engage in any conduct or act which is known or ought to have been known would result in physical injury;

(c) compelling the victim by force or threat to engage in any conduct or act, sexual or otherwise, from which the victim has a right to abstain;

(d) confining or detaining the victim against the victim's own will; or

(e) causing mischief or destruction or damage to property with intent to cause or knowing that it is likely to cause distress or annoyance to the victim,

by a person against-
(1) his or her spouse
(2) his or her own former spouse
(3) a child
(4) an incapacitated adult; or
(5) any other member of the family;

"enforcement officer" means a police officer or a welfare officer from the Department of Social Welfare;

"incapacitated adult" means a person who is wholly or partially incapacitated or infirm, by reason of physical or mental disability or ill-health or old age, who is living as a member of the offender's family;

"Minister" means the Minister charged with the responsibility for social welfare;

"other member of the family" means-

(a)
(i) an adult son or daughter; or
(ii) a father or mother,

of the offender; or
(b)
(i) a brother or sister; or
(ii) any other relative,

of the offender who in the opinion of the court should, in the circumstances of the family, be regarded as a member of the family;

"protected person" means a person who is protected under a protection order;

"protection order" means an order issued under Part 2 ;

"relative" means a person who is related through the full-blood or half-blood, or through marriage or adoption, including de facto adoption;

"safe place" or "shelter" means any home or institution maintained or managed by the Department of Social Welfare or by any other agency or voluntary organization approved by the Minister for the purpose of this Act or any other suitable place the occupier of which is willing temporarily to receive the victim;

"shared residence" means the premises at which the parties, are or have been , living together as members of the same household;

"spouse" includes de facto spouse, that is to say, a person who has gone through a form of ceremony which is recognized as a marriage ceremony according to the religion or custom of the parties concerned, notwithstanding that such ceremony is not registered or not capable of being registered under any written law relating to the solemnization and registration of marriages;

"victim" means victim of domestic violence.

3. This Act is to be read together with Penal Code
The provisions of this Act shall be read together with the Provisions of the Penal Code.