The Domestic Violence Act provides legal protection for victims of violence in the home supplements the offences under the Penal Code in terms of protection for the victims.This act protects both women and men from spousal abuse; however, most reported cases indicate that it is women who are seeking the protection of this act. In the year 2000, out of a total of 2,462 reported cases of domestic violence, 98 per cent of the victims were women.
The Domestic Violence Act provides extensive provisions relating to protective orders (POs) which can be issued by the courts. These include provisions on: a) Issuance of interim POs pending investigation of any alleged domestic violence offence prohibiting the person against whom the order is made from using domestic violence against the spouse, a child, an incapacitated adult or any other member of the family;
b) Issuance of POs prohibiting the person against whom the order is made from using domestic violence against the spouse, a child, an incapacitated adult or any other member of the family during the course of any proceedings before the court involving a complaint of domestic violence; and
c) Attaching of additional orders to the protection order which includes:
i) granting of the right of exclusive occupation to any protected person of the shared residence by excluding the person against whom the order is made;
ii) prohibiting or restraining the person against whom the order is made from entering any protected person’s place of residence, school or other institution;
iii) requiring the person against whom the order is made to allow the protected person to enter his place accompanied by an enforcement officer for the purpose of collecting the protected person’s belongings; and
iv) not to make written or telephone communications with the protected person; and allowing the protected person to have continued use of a vehicle which has previously been ordinarily used by him or her.
Source of Information
CEDAW/C/MYS/1-2, para 456