How to Stay Safe When Divorcing an Abusive Spouse

What counts as domestic violence?

The Domestic Violence Act 1994 (Act 521) covers physical abuse, emotional abuse, threats, damage to property, and locking up or holding a spouse against their will.

It protects spouses, former spouses, children and other people in the household.

Abuse does not have to be physical. Verbal threats, intimidation, controlling behaviour and financial abuse are covered too. You do not need visible injuries to ask for protection.

How do protection orders work?

An Interim Protection Order (IPO) is a court order. You usually make a police report first, and the police or a social welfare officer can help you apply. The court can issue it without telling your spouse first.

In an emergency, a social welfare officer can issue a 7-day Emergency Protection Order (EPO).

An IPO orders the abuser to stop the violence and can stop them contacting you. It is temporary and usually lasts until the court hearing.

At the hearing, the court may grant a Protection Order (PO), which lasts longer. Breaching a PO is a crime, punishable by a fine of up to RM2,000, up to six months in prison, or both (Section 8, Domestic Violence Act 1994). If violence is used, the penalty is higher.

You can apply whether or not you have started a divorce. If you are in immediate danger, go to the nearest police station or call the Talian Kasih helpline at 15999. The Women’s Aid Organisation (WAO) also runs a hotline and can help with emergency shelter.

How does abuse affect custody?

Under Section 88 of the LRA 1976, the court’s first concern is the child’s welfare. A parent’s history of violence counts against them. The court looks at whether the child saw violence and the risk of future harm.

Evidence matters. Useful records include:

• police reports
• medical records
• photos of injuries
• protection orders
• witness statements

Keep them somewhere your spouse cannot reach.

The court may order supervised visits for the abusive parent, or in serious cases refuse visits altogether. It may also consider whether that parent has had counselling. Your lawyer can advise on how to present this evidence.

How does abuse affect property?

Under Section 76 of the LRA 1976, the court decides how to divide matrimonial property. Abuse is not listed as a factor, but the court can look at the circumstances of the marriage, and evidence of abuse can affect its decision.

If you had to leave home because of violence, you do not lose your claim to the property. The court counts money you put in and also work such as looking after the home and children.

If your spouse controls the money, collect evidence of assets, bank accounts, property titles and debts before you leave. Keep copies somewhere safe. Your lawyer will need them.

What safety steps should you take before filing?

Pack a safety bag with your identity card, your children’s birth certificates, your marriage certificate and any financial records. Leave it with a friend or relative you trust.

If you can, open a bank account in your own name and set aside emergency money for you and your children. If your spouse checks your phone, use another device or call a women’s shelter from a safe place.

Tell someone you trust. The Women’s Aid Organisation (WAO) offers free counselling, legal support and emergency shelter, and can help you make a safety plan.

Looking to engage a divorce lawyer? Once you are safe and want to know how divorce would work for you, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.