THE DOMESTIC VIOLENCE ACT   1994

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

PART 2:  PROTECTION ORDER

4. Interim protection order
(1) The court may during the pendency of investigations relating to the commission of an offence involving domestic violence, issue an interim protection order prohibiting the person against whom the order is made from using domestic violence against his or her spouse or former spouse or a child or an incapacitated adult or any member of the family, as the case may be, as specified in the order.

(2) An interim protection order shall cease to have effect upon the completion of the investigations.

5. Protection order
(1) The court may, in proceedings involving a complaint of domestic violence, issue any one or more of the following protection orders:

(a) A protection order restraining the person against whom the order is made from using domestic violence against the complainant;

(b) A protection order restraining the person against whom the order is made from using domestic violence against the child;

(c) A protection order restraining the person against whom the order is made from using the domestic violence against the incapacitated adult.

(2) The court in making a protection order under paragraph (1)(a) or (b) or (c) may include a provision that the person against whom the order is made may not incite any other person to commit violence against the protected persons or person.

6. Orders that may be included in protection order
(1) A protection order issued under section 5 may, where the court is satisfied on a balance of probabilities that it is necessary for the protection and personal safety of the complainant or the child or the incapacitated adult, as the case may be, provide for any one or more of the following orders:

(a) subject to subsection (4), the granting of the right of exclusive occupation to any protected person of the shared residence or a specified part of the shared residence by excluding the person against whom the order is made from the shared residence or specified part thereof, regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties;

(b) prohibiting or restraining the person against whom the order is made from entering any protected person's place of residence or shared residence or alternative residence , as the case may be, or from entering any protected person's place of employment or school or other institution or from making personal contact with any protected person other than in the presence of an enforcement officer for the purpose of collecting the protected person's or persons' personal belongings;

(c) requiring the person against whom the order is made to permit any protected person to enter the shared residence, or to enter the residence of the person against whom the order is made, accompanied by any enforcement officer for the purpose of collecting the protected person's or persons belongings;

(d) requiring the person against whom the order is made to avoid making written or telephone communication with any protected person and specifying the limited circumstances in which such communication is permitted;

(e) requiring the person against whom the order is made to permit any protected person to have the continued use of a vehicle which has previously been ordinarily used by the protected person or persons;

(f) the giving of any such direction as is necessary and incidental for the proper carrying into the effect of any order made under any of the above mentioned paragraphs,

to have effect for such period, not exceeding twelve months from the date of the commencement of such orders, as may be specified in the protection order.

(2) Any one or more of the orders under subsection (1) may be-

(a) Made or made anew, upon the contravention of a protection order, in accordance with section 9; or

(b) Extended for a further period, not exceeding twelve months from the date of the expiration of the original order, where the court is satisfied that, notwithstanding that there had been no actual contravention of the order, such extension is necessary for the protection and personal safety of the protected person or persons:

Provided that the extension of an order under this paragraph shall no be made more than once.

(3) Except so far as the exercise by the person against whom the order is made of a right to occupy the shared residence, or to enter the alternative residence, is suspended or restricted, or prohibited or restrained, by virtue of an order under paragraph (1)(a) or (b), such order shall not affect any title or interest that the person against whom the order is made or any other person might have in the said premises.

(4) The court shall not make an order excluding the person against whom the order is made from the whole of a shared residence that is solely or jointly owned or leased by him unless it is satisfied that there is no other way to secure the personal safety of any protected person for the time being, and such order, where made, shall, in the case where the shared residence is solely owned or leased by the person against whom the order is made, or may in the case where the shared residence is jointly owned or leased by the parties, be-

(a) Revoked if a suitable alternative residence is found for the protected person or persons; or

(b) Revoked or modified upon the court being otherwise satisfied that it is no longer necessary for securing the personal safety of the protected person or persons.

(5) In paragraph (4)(b), "modified" means modifying an order excluding the person against whom the order is made from the whole of the shared residence into an order excluding him from such part of the shared residence as is specified in the order.

7. Powers of arrest
(1) Where the court is satisfied that the person against whom a protection order or interim protection order is made is likely to cause actual physical injury to the protected person or persons, the court may attach a power of arrest to such protection order, as the case may be.

(2) If a power of arrest is attached by virtue of subsection (1), a police officer may arrest without warrant the person against whom the order is made when he has reasonable cause to believe that the person is in breach of the order issued under subsection 4(1) or 5(1) or of an order included in a protection order as falls within paragraph 6(1)(a) or (b), by reason of that person's use of violence or, as the case may be, of his entry into any place prohibited under the order.

(3) Where a power of arrest is attached to a protection order or interim protection order and the person against whom the order is made is arrested under subsection (2)-

(a) He shall be brought before a judge within twenty-four hours of his arrest; and

(b) He shall not be realized within that period except on the direction of the judge.

But nothing in this section shall authorize his continued detention under this subsection after the expiry of that period.

(4) In this section "judge" includes Magistrate.

8. Contravention of protection order
(1) Any person who willfully contravenes a protection order or any provision thereof shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(2) Any person who willfully contravenes a protection order by using violence on a protected person shall, on conviction, be liable to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding one year or both.

(3) Any person who is convicted for a second or subsequent violation of a protection order under subsection (2) shall be punished with imprisonment for a period of not less than seventy-two and not more than two years, and shall also be liable to a fine not exceeding five thousand ringgit.

(4) For the purposes of this section a "protection order" includes an interim protection order.

9. Making or renewing orders upon contravention of protection order
Where a person against whom a protection order has been made contravenes the protection order, the court may in addition to any penalty provided for under section 8, make or make anew, as the case may be, any one or more of the orders under subsection 6(1), to commence from such date as is specified in such new order.