How to File for Divorce When There Is Domestic Violence

If you are in danger now

Call the police at 999 or the Talian Kasih hotline at 15999. The Women’s Aid Organisation (WAO) at 03-3000 8858 gives advice and can refer you to a shelter.

You do not need to file for divorce straight away. Getting safe comes first.

What protection does the Domestic Violence Act give?

The quickest protection is an Interim Protection Order (IPO). A magistrate can grant it on the day you apply, and your spouse does not need to be in court.

An IPO forbids your spouse from using violence against you. It can also include conditions, such as keeping them out of the family home.

After the IPO, the court holds a hearing where both sides are heard. If protection is still needed, it grants a full Protection Order (PO), which can last up to 12 months and be extended.

Breaking a protection order is a crime. It can lead to a fine, jail or both.

Since a 2017 amendment, domestic violence under the Act also covers threats, intimidation and psychological abuse. You do not have to wait for a physical injury to ask for protection.

How violence supports a divorce petition

Violence counts as unreasonable behaviour under Section 54(1)(b) of the Law Reform (Marriage and Divorce) Act 1976. This covers conduct so serious that you cannot reasonably be expected to keep living with your spouse.

Repeated violence can show a clear pattern of behaviour, and the court can treat it as a reason to end the marriage.

You will need evidence of the violence, such as police reports, medical reports, photos of injuries and witness statements. Any protection order you already have also shows the court found a reason to protect you.

The divorce and the protection order are separate cases, but they can run at the same time.

What evidence to gather

Never put yourself at risk to collect evidence. When it is safe, these help:

• police reports made after each incident
• medical reports from a hospital or clinic
• dated photos of injuries
• threatening messages or recordings
• statements from anyone who saw or heard the violence
• records of calls to helplines or stays at a shelter

Keep the originals outside your home, for example with a trusted friend or relative, or in secure online storage. If you were treated at a hospital, ask for copies of your medical records.

What happens with the children?

Under Section 88 of the Act, the child’s welfare is the court’s first concern. A parent with a history of violence may be refused custody or given only supervised visits.

The court looks at whether the children saw the violence, whether they were harmed, and whether the violent parent can keep them safe. Often the non-violent parent gets custody, with conditions on the other parent’s visits.

You can ask for temporary custody orders while the divorce is going on. If the children are in immediate danger, the court can make urgent orders to protect them.

Your next steps

1. Get safe, using the numbers above if you need to.
2. Make a police report if you have not already.
3. Apply for a protection order.
4. When you are ready, your lawyer can file for divorce under Section 54(1)(b), relying on the violence as unreasonable behaviour. Custody, maintenance and property are dealt with in the same case.

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