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Domestic Violence Act 1994 Part III — Compensation and rehabilitation programme

s 10–s 11 · 2 sections

Compensation

s 10

(1) Where a victim of domestic violence suffers personal injuries or damage to property or financial loss as a result of the domestic violence, the court hearing a claim for compensation may award such compensation in respect of the injury or damage or loss as it deems just and reasonable. (2) The court hearing a claim for such compensation may take into account― (a) the pain and suffering of the victim, and the nature and extent of physical injury or psychological abuse which includes emotional injury suffered; (b) the cost of medical treatment for such injuries; (c) any loss of earnings arising therefrom; (d) the amount or value of the property taken or destroyed or damaged; (e) necessary and reasonable expenses incurred by or on behalf of the victim when the victim is compelled to separate or be separated from the defendant due to the domestic violence, such as― (i) lodging expenses to be contributed to a safe place or shelter; (ii) transport and moving expenses; (iii) the expenses required in setting up a separate household which, subject to subsection (3), may include amounts representing such housing loan payments or rental payments or part thereof, in respect of the shared residence, or alternative residence, as the case may be, for such period as the court considers just and reasonably necessary. (3) In considering any necessary and reasonable expenses that may be taken into account under subparagraph (2)(e)(iii), the court may also take into account― (a) the financial position of the victim as well as that of the defendant; (b) the relationship that exists between the parties and the reasonableness of requiring the defendant to make or contribute towards such payments; (c) the possibility of other proceedings being taken between the parties and the matter being more appropriately dealt with under the relevant laws relating to the financial provision of spouses or former spouses and other dependants.

Rehabilitation programme, etc.

s 11

(1) The court may, in an application in which a protection order is sought, in addition to issuing a protection order, make an order that one or more of the parties to the dispute be referred to a rehabilitation programme, provided that an order to refer the victim to a rehabilitation programme shall be made only with the consent of the victim. (2) The court hearing a claim for compensation under section 10 may also make the order under subsection (1). (3) When considering any question relating to the making of an order under subsection (1) the court may, whenever it is practicable, take the advice of a social welfare officer or some other trained or experienced person. (4) In this section, “rehabilitation programme” means the programme provided by the Ministry responsible for welfare services for the purposes of family and community development.

Back to Domestic Violence Act 1994 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 June 2018 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

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).

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