When interim protection order may be sought
s 12
An interim protection order may be sought pending investigations by the police following an information relating to the commission of an offence involving domestic violence.
Domestic Violence Act 1994 Part IV — Procedure on interim protection orders and protection orders
Ex-parte application for interim protection order
s 12A
An interim protection order sought under section 12 shall be made ex-parte by― (a) the victim; (b) the victim’s counsel; or (c) a social welfare officer on behalf of the victim.
Setting aside an interim protection order
s 12B
The person against whom an interim protection order is made may apply to set aside the order within fourteen days from the date the order is served.
When protection order may be sought
s 13
(1) A protection order may be sought— (a) within seven days after the victim has been informed in writing by a police officer under paragraph 4(4)(b) 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; or (b) at any stage of the criminal proceedings under the Penal Code or any other written law where the accused is charged with an offence involving domestic violence whether or not an interim protection order or emergency protection order has been sought and issued against the accused. (2) A protection order under subsection (1) may be sought in particular— (a) as a condition of the accused’s release on bail; or (b) upon the compounding of the offence referred to in subsection (1) under section 260 of the Criminal Procedure Code [Act 593].
Application for protection order
s 13A
A protection order sought under section 13 shall be made by— (a) the victim; (b) the victim’s counsel; (c) a social welfare officer on behalf of the victim; or (d) a police officer on behalf of the victim.
Filing in of application
s 14
Notwithstanding the provisions of any written law on the territorial jurisdiction of a court, an application for a protection order or an interim protection order involving a complaint of domestic violence may be filed in any district where― (a) the victim resides; (b) the person against whom the protection is sought resides; (c) the alleged violence occurred; or (d) the victim is placed temporarily, and the application shall be heard by the court as soon as practicable.
Application on behalf of child or incapacitated adult
s 15
In the case of a child, or an incapacitated adult who is incapable of filing in an application under section 14, such application may be filed by a guardian or relative or person responsible for the care of such child or incapacitated adult, as the case may be, or by an enforcement officer.
Record of applications and orders
s 16
The registry of the court shall maintain a record of all applications filed pursuant to this Act, and all protection orders and interim protection orders issued by the court under this Act. The record shall contain― (a) the names, gender and relationship of the parties; (b) the domestic violence alleged, whether it involved any weapon, or resulted in personal injuries and whether the injuries inflicted required medical treatment; (c) the effective date and terms of each order issued.
Proof of service of protection order
s 17
(1) Within twenty-four hours of the issuance of a protection order or interim protection order, as the case may be, the court in which the order is issued shall forward a copy of the order to the officer in charge of the police district where the offender resides or any other police officer under his command. (2) The officer in charge of the police district or any other police officer under his command referred to in subsection (1) shall file proof of service of a copy of the order with the court, and communicate the service effected to the victim within seven days of service.
Substituted service
s 17A
(1) If the officer in charge of the police district or any other police officer under his command referred to in section 17 is not able to serve a copy of the protection order or the interim protection order on the offender personally after three attempts, the officer concerned shall immediately apply to the court in writing for a substituted service of the order. (2) Upon receipt of the application under subsection (1), the court shall make an order for a substituted service of the protection order or interim protection order― (a) by leaving a copy of the order at the last known address of the offender; (b) by posting a copy of the order at the court’s notice board; or (c) by any other manner as the court may direct. (3) The substituted service of a copy of the order made under subsection (2) shall be effected by the court and shall be deemed to be good and sufficient service of the order on the offender. (4) The substituted service effected under subsection (3) shall be communicated to the victim by the court as soon as practicable.
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).
What to look at next
Domestic Violence Act 1994, full textChapter navigation and full text, so you can read this section in contextMalaysia legislationMalaysia Acts by type and yearGrouped by instrument type and year of enactment, so you can find others of the same kindBrowse by type and yearMalaysia: what this database coversWhich datasets are here, which official source they come from, and how current they areMalaysia overview