Interim protection order
(1) The court may, during the pendency of investigations relating to the commission of an offence involving domestic violence, issue an interim protection order prohibiting the person against whom the order is made from using domestic violence against his or her spouse or
former spouse or a child or an incapacitated adult or any other member of the family, as the case may be, as specified in the order.
(2) An interim protection order shall be made by way of an application to the court.
(3) The court in making an interim protection order under subsection (1) may include a provision prohibiting the person against whom the order is made from inciting any other person to commit domestic violence against the spouse or former spouse or a child or an incapacitated adult or any other member of the family, as the case may be, of the person against whom the order is made.
(3A) An interim protection order issued under subsection (1) may, where the court is satisfied that it is necessary for the protection and personal safety of the spouse or former spouse, child, incapacitated adult or any other member of the family, as the case may be, provide for any one or more of the orders specified in paragraphs 6(1)(a) to (f).
(3B) For the purpose of making the orders under subsection (3 A), the provisions in subsections 6(3), (4) and (5) shall apply.
(3C) The orders provided under subsection (3A) shall have effect for the duration of the interim protection order.
(4) An interim protection order shall cease to have effect—
(a) upon the protected person being informed in writing by a police officer about the completion of the investigations and that there is no further action to be taken against the person against whom the order is made;
(b) upon the institution of a criminal proceeding against the person against whom the order is made if, upon being informed in writing by a police officer that a criminal proceeding relating to the commission of an offence involving domestic violence will be instituted against the person against whom the order is made, no application for a protection order is made by the protected person within seven days after being so informed; or
(c) upon the determination of an application for a protection order by the court if, upon being informed in writing by a police officer that a criminal proceeding relating to the commission of an offence involving domestic violence will be instituted against the person against whom the order is made, the application for the protection order is made by the protected person within seven days after being so informed.
Protection order
(1) The court may, in an application involving a complaint of domestic violence, issue any one or more of the following protection orders:
(a) a protection order restraining the person against whom the order is made from using domestic violence against the victim;
(b) a protection order restraining the person against whom the order is made from using domestic violence against the child;
(c) a protection order restraining the person against whom the order is made from using domestic violence against the incapacitated adult.
(2) The Court in making a protection order under paragraph (1)(a), (b) or (c) may include a provision prohibiting the person against whom the order is made from inciting any other person to commit domestic violence against the protected person or persons.
Orders that may be included in protection order
(1) A protection order issued under section 5 may, where the court is satisfied on a balance of probabilities that it is necessary for the protection and personal safety of the victim or the child or the
incapacitated adult, as the case may be, provide for any one or more of the following orders:
(a) subject to subsection (4), the 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 from the shared residence, regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties;
(b) prohibiting or restraining the person against whom the order is made from―
(i) entering any protected person’s safe place, shelter, place of residence or shared residence or alternative residence, as the case may be;
(ii) entering any protected person’s place of employment or school;
(iii) entering any other institution where any protected person is placed;
(iv) going near any protected person at a distance of at least fifty metres or at a distance the court thinks reasonable; or
(v) making personal contact with any protected person other than in the presence of an enforcement officer or such other person as may be specified or described in the order;
(c) requiring the person against whom the order is made to permit any protected person to enter the shared residence, or to enter the residence of the person against whom the order is made, accompanied by any enforcement officer for the purpose of collecting the protected person’s or persons’ personal belongings;
(d) requiring the person against whom the order is made to avoid making communication by any means with any protected person and specifying the limited circumstances in which such communication is permitted;
(e) requiring the person against whom the order is made to permit any protected person to have the continued use of a vehicle which has previously been ordinarily used by the protected person or persons; and
(f) the giving of any such direction as is necessary and
(f) incidental for the proper carrying into effect of any order made under any of the above-mentioned paragraphs.
(1A) For the purpose of subsection (1), the orders provided in the protection order shall have effect for such period not exceeding twelve months from the date of the commencement of such order as may be specified in the protection order.
(2) Any one or more of the orders under subsection (1) may be―
(a) made or made anew, upon the contravention of a protection order, in accordance with section 9; or
(b) extended for a further period, not exceeding twelve months from the date of the expiration of the original order, where the court is satisfied that, notwithstanding that there had been no actual contravention of the order, such extension is necessary for the protection and personal safety of the protected person or persons:
Provided that the extension of an order under this paragraph shall not be made more than once.
(3) Except so far as the exercise by the person against whom the order is made of a right to occupy the shared residence, or to enter the alternative residence, is suspended or restricted, or prohibited or restrained, by virtue of an order under paragraph (1)(a) or (b), such order shall not affect any title or interest that the person against whom the order is made or any other person might have in the said premises.
(4) The court shall not make an order excluding the person against whom the order is made from the whole of a shared residence that is solely or jointly owned or leased by him unless it is satisfied that there is no other way to secure the personal safety of any protected person for the time being, and such order, where made, shall, in the case where the shared residence is solely owned or leased by the person against whom the order is made, or may, in the case where the shared residence is jointly owned or leased by the parties, be―
(a) revoked if a suitable alternative residence is found for the protected person or persons; or
(b) revoked or modified upon the court being otherwise satisfied that it is no longer necessary for securing the personal safety of the protected person or persons.
(5) In paragraph (4)(b), “modified” means modifying an order excluding the person against whom the order is made from the whole of the shared residence into an order excluding him from such part of the shared residence as is specified in the order.
Powers of arrest
(1) Where the court is satisfied that the person against whom a protection order or interim protection order is made is likely to cause actual physical injury to the protected person or persons, the court shall attach a power of arrest to such protection order or interim protection order, as the case shall be.
(2) If a power of arrest is attached by virtue of subsection (1), a police officer shall arrest without warrant the person against whom the order is made when one or more of the following situations arise:
(a) when there is a report of domestic violence lodged by a person who is protected under the interim protection order or protection order to any police officer;
(b) when the police officer has reasonable cause to believe that the person against whom the order is made is in breach of―
(i)
(i) the order issued under subsection 4(1) or 5(1); or
(ii)
(ii) any order made pursuant to paragraph 6(1)(a) or
(b); or
(c) when the person against whom the order is made enters into any place prohibited under the order.
(3) Where a power of arrest is attached to a protection order or interim protection order and the person against whom the order is made is arrested under subsection (2)―
(a) he shall be brought before a judge within twenty-four hours of his arrest; and
(b) he shall not be released within that period except on the direction of the judge,
but nothing in this section shall authorize his continued detention under this subsection after the expiry of that period.
(4) In this section “judge” includes a Magistrate.
Contravention of protection order
(1) Any person who wilfully contravenes a protection order or any provision thereof shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) Any person who wilfully contravenes a protection order by using violence on a protected person shall, on conviction, be liable to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) Any person who is convicted for a second or subsequent violation of a protection order under subsection (2) shall be punished with imprisonment for a period of not less than seventy-two hours and
not more than two years, and shall also be liable to a fine not exceeding five thousand ringgit.
(4) For the purposes of this section a “protection order” includes an interim protection order.
Making or renewing orders upon contravention of protection order
Where a person against whom a protection order has been made contravenes the protection order, the court may, in addition to any penalty provided for under section 8, make or make anew, as the case may be, any one or more of the orders under subsection 6(1), to commence from such date as is specified in such new order.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
