How to Get a Domestic Violence Protection Order in Malaysia

What is a protection order?

It is a court order under the Domestic Violence Act 1994 that stops an abuser from harming you further. The Act’s meaning of domestic violence is wide, covering physical, emotional and psychological abuse.

The order can protect you, your children and other family members living in the same home. It can keep the abuser out of the shared home, or away from your workplace, school or other named places.

If the abuser breaks any term, you have legal backing to call the police.

How to apply

1. Make a police report. Go to any police station. The police will investigate and may arrest the abuser if you are in immediate danger.
2. Apply to the Magistrate’s Court. You or your lawyer apply under Section 5 of the Act, with your police report, any medical reports and a sworn statement describing the violence.
3. Ask for an interim order if the risk is urgent. The court can grant one on the same day.

Interim order or full order?

An interim protection order (IPO) protects you straight away while your full application is heard. If the need is urgent, the court can grant it without hearing the abuser. It usually lasts until the court decides on the full order.

A full protection order is granted after both sides are heard. It can last up to 12 months and may be renewed. The court looks at how serious the violence is, the risk of more harm and the needs of any children.

What the order can include

Under Section 6 of the Act, the court can add conditions, such as:

• no contact with you, directly or through other people
• giving you sole use of the shared home
• counselling for the abuser
• compensation for your injuries
• temporary maintenance
• custody and visit arrangements for the children during the protection period

If the abuser breaks the order

Call the police straight away. Breaking a protection order is a crime, and the police can arrest the abuser without a warrant.

A person convicted faces a fine of up to RM2,000, jail of up to six months, or both. Repeat offences carry heavier penalties.

Record every breach: the date, time and any witnesses. This helps the police and the court act.

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