A 2013 study by World Health Organisation revealed that 1 in every 3 women worldwide is a victim of domestic violence. In recent years, the highest number of domestic violence cases have been recorded in Selangor, with nearly 1,713 cases in 2021.
In Malaysia, several laws protect the victim from domestic violence. The primary one is the Domestic Violence Act 1994 (“DVA”). Before DVA came into force, domestic violence cases were dealt with under the Penal Code or by obtaining a restraining order through the court system. After its implementation, the law enforcement bodies (police and social welfare workers) must investigate any reported domestic violence incidents under the DVA and Penal Code.
Domestic violence (“DV”), also known as domestic abuse, is a pattern of behaviour which involves violence or other forms of abuse by the abuser against their victim in a domestic setting. It refers to a wide range of acts, from verbal abuse to threats to marital rape and murder, in the privacy of an intimate relationship, often in the marital home.
In Malaysia, DV is a criminal offence legally defined in the DVA. Examples of DVs may include the following actions:
As listed above, the types of abuse classified as domestic violence are not limited to physical aggression. DVs include sexual abuse, emotional abuse, controlling or domineering behaviour, stalking, threats, and economic deprivation.
According to Section 5 of the DVA, DVA aims to protect the complainant, a child or a disabled adult from domestic violence.
The DVA also protects “de facto spouses,” referring to couples who have undergone a religious or traditional marriage ceremony according to their customs or adat but have yet to register their marriage. DVA, however, does not apply to unmarried couples living together.
Two types of protection orders are designed under DVA: emergency protection orders and interim protection orders.
An Emergency Protection Order (EPO) is issued by the Social Welfare Department (JKM) officer instructing the abuser to stop committing acts of violence towards the victim.
The amended DVA allows the Director General to authorise in writing a welfare officer to issue an EPO if the abuser intentionally or knowingly inflicts bodily harm on the victim or when they attempted to place the victim in fear of bodily harm.
Upon receiving the application for an EPO, the authorised welfare officer may issue the EPO within 2 hours of the application. When issuing an EPO, the following orders may also be attached:
Although neither a police report nor a petition for court protection is required for an emergency order, an emergency order is valid only for seven days from the date of its issuance. It is enforceable only if a copy of the order has been served on the abuser.
IPO is an order issued while the investigation is ongoing and expires after the end of the investigation. After its expiry, the victim must seek a protective order under Section 5 of the Act.
Suppose the court determines that the victim’s protection and personal safety are in jeopardy. In that case, the court may order one or more orders under Section 6(1) of the Act, which may be included in the protective order.
Additional orders under Section 6(1) may include the followings:
Ability to form and maintain healthy relationships.
Victims who have experienced abuse may struggle with trust issues and have difficulty opening up to others. This can make it challenging for them to form intimate relationships and maintain friendships.
In addition to the psychological effects, domestic violence can have physical consequences.
Women who experience domestic violence may suffer from physical injuries, chronic pain, and other health problems.
Low self-esteem and a negative self-image.
They may blame themselves for the abuse and feel ashamed or embarrassed to seek help. This can lead to a cycle of self-blame and further abuse, making it difficult for women to break free from the cycle of violence.
Women who experience DV in Malaysia can seek help from various resources and support systems. One of the most prominent organisations that assist victims of domestic violence is the Women’s Aid Organization (WAO). WAO offers a 24-hour hotline service, counselling, and shelter for women facing abuse. They also provide legal advice and assistance in obtaining protection orders.
Another organisation that supports domestic violence victims is the All Women’s Action Society (AWAM). AWAM offers counselling, legal assistance, and referrals to other organisations that can provide additional support. They also conduct public education and advocacy programs to raise awareness about domestic violence and its impact on women and society.
