MALAYSIAS DOMESTIC VIOLENCE ACT 1994

Hospital selama

HISTORY

The early history DV has been traced and fight by activist and womens NGOs. The responsible government agencies of that time was HAWA and Prime Minister Department before October 1990, later under Department of National Unity and Intergration. In 1996, Social and Welfare Department

Domestic Violence Act 1994

be enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembly.

Philosophy of DV
to prevent any domestic violence as a medium to solves domestic problem and to ensure peace and harmony in family institution. as instruments to the victim to get immediate protection when domestic violence occur.

Objective / Aims of DV

to provide laws protection in domestic situation and other matters related.

to give awareness to husband for not to hurt wife or vice versa. must be seen as a system that provides protection to victims of violence and not to corrupt any family institution.

Domestic Violence Act

This act is applicable to all person in Malaysia, regardless of one religion , race, gender or place of birth. This is consistence with Article 8 of Malaysian Federal Constitutions.

Person Protected

Husband or wife or ex-wife or ex-husband includes husband or wife de facto (any person who went through any customary ceremony which is acknowledge as a religious ceremony although it is not registered or cannot be registered in any written laws) Children (under 18 years old) Any other family members such as son, or adult women, mother or father, brother, sister or brother or sister

Interim Protection Orders (IPO)

When

a report / information of domestic violence is received directly from police or welfare officers. Section 4

Protection Orders (PO)

PO is given by the courts in proceedings which involves DV Implication to prevent the abuser to make any action of DV to the victim. Court may provides orders to the abuser not to initiate other person to make any violence to the protected person. The period of PO is not more than 12 month from the date order is made.

Power to Arrest

Court may give power to arrest to the IPO/PO if the abuser will caused physical to any protected person without warrant.

Section 7

Penalty for breach IPO/PO

Intentionally breach of IPO/PO Penalty not more than RM2,000.00 or imprisonment not more than 6 months or both. Intentionally in breach of IPO/PO with violence. Penalty not more than RM4000.00 or imprisonment not more than 1 year or both. 2nd time intentionally breach of IPO/PO, imprisonment not more72 hours and not more than 2 years and penalty not more RM5000.00

Duties Of Enforcement Officers

1. The duties of enforcement officer in shall include : i) to assists any victim of DV to lodged a complaint regarding the DV. providing or arranging transportation for the victim to an alternative residence or gazetted place or shelters if is required.

ii)

Cont.

iii)

providing or arranging transportation for the victim to the nearest hospital or medical facility for treatment of injuries if such treatment is needed.
Explaining to the victim of her rights of protection against DV

iv)

v)

Accompanying the victim to the victims residence or previous residence to collect personal belongings.

Cont.

An enforcement officer who is also a police officer shall have the following additional duties:
i) Exercising the powers of arrest under this Act or any other written laws; Removing or supervising the removal of a person excluded from a shared residence where the court has issued an order.

ii)

Gazetted places /shelters

All safe /secure places /shelters administered by the Welfare Department or NGOs.
For the purpose of the Act must get consent/approval by the ministers.

List of Gazetted Place DV Act 1994 1. Rumah Seri Kenangan Bedong, Kedah 2. Rumah Seri Kenangan Tanjung Rambutan, Perak. 3. Taman Sinar Harapan Cheras, Selangor. 4. Taman Sinar Harapan Kuala Kubu Bahru, Selangor. 5. Taman Sinar Harapan Tunku Ampuan Najihah, Seremban, Negeri Sembilan. 6. Rumah Seri Kenangan Seremban Negeri Sembilan. 7. Rumah Seri Kenangan Cheng, Melaka. 8. Rumah Seri Kenangan Johor Bahru, Johor

Cont.
9. Taman Sinar Harapan Tampoi Johor Bahru, Johor.
10. Rumah Ehsan Dungun Terengganu 11. Rumah Seri Kenangan Taman Kemumin Kota Bahru, Kelantan. 12. Desa Bina Diri Jerantut, Pahang. 13. Rumah Seri Kenangan Kucing, Sarawak. 14. Rumah Seri Kenangan Sibu, Sarawak. 15. Rumah Warga Tua Sri Harapan, Sandakan, Sabah. 16. Rumah Warga Tua Air Panas, Tawau Sabah.

Process To Obtained Interim Protection Orders (IPO)

Lodged POLICE REPORT (victim) Help Assistant Welfare Officer (victim) Magistrate Court(Request for IPO) (Welfare Officer & Victim)

Suggestion
i ammend DVA : no need to refer to panel code.

ii

has special counter in police station for DV victim. more shelter home for DV victim.

iii

Conclusion It is important for all related agencies to collabrate in order to combat this issues.

Thank you