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What to do if you are the victim of domestic violence?
Written by Loh Yee Shin
Introduction: What is Domestic Violence
Domestic violence basically refers to aggressive violent behavior between spouse or ex-spouse under the same roof. However, the public should also be aware that domestic violence may extend to aggressive violence against victim’s child, an incapacitated adult or any other member of the family. There are several types of abusive behaviors that are deemed as domestic violence, such as threatening and frightening the victim to cause physical injury, compelling the victim to do something they do not consent to such as sexually abusing them, unlawfully confining the victim or damaging the properties in the house intently to cause fear to the victim, indicating that a greater violence may take place soon.
The FMCO: Cause of Domestic Violence
According to The Malaysian Employers Federation (MEF) President, Datuk Dr Syed Hussain Syed Husman in Sun Daily, the extension of the Full Movement Control Order (FMCO) might lead to the escalation of stressful mental health dilemma such as domestic violence due to the continuing downturn of economic rates. Following the FMCO, there has been an increase in the number of domestic abuse cases in Malaysia. Up until March 26, the Ministry’s Talian Kasih hotline had received a 57% increase (or 1,893 calls) in calls from women in distress. Financial restrictions, marital problems, and domestic abuse were among the challenges raised, according to Deputy Minister, Datuk Siti Zailah Mohd Yusoff.
Statutory laws that protect the victim of Domestic Violence in Malaysia
The Domestic Violence Act 1994 (Act 521): Protection Order
The primary statutory law that governs the offence of domestic violence in Malaysia is the Domestic Violence Act 1994. There are 3 protection orders that the victims of domestic abuse can rely on, but these protection orders do not cover non-married couples. Each protection order has different procedures for its application. The emergency protection order (EPO) is issued by the Social Welfare Department (JKM). The application not only can be made by the victim themself, but can also be made by the guardian of the victim who may be incapable of applying, but it is only valid for 7 days. The benefit of that however, is that the victim of domestic violence or his/her representor, do not need to make any police report to obtain the order. Besides, they also can apply for EPO before applying for Interim Protection Order (IPO) and Protection Order (PO) as it is the fastest way to obtain the protection order within 2 hours.
The interim protection order (IPO) is issued by the Magistrate Court and is valid not only throughout the police investigation, but also 7 days after the police had informed the said victim about the commencement of prosecution on the abuser for an offence of domestic violence. The victim with this order can state what they want, and this protection order also covers the other family members such as their children, from being abused. After the IPO ends, the victim can apply for a protection order (PO).
The Protection order (PO) is issued by the Magistrate Court. It is worth noting that the period of granting the issuance of PO not only can last during the court proceedings but is also valid for 12 months. Regarding the rights of the party in applying for the PO, it is important to understand that it is not only restricted to the Social Welfare Department’s officers. However, it is submitted that the Domestic Violence Act 1994 has amended the provision pertaining to the issuance of PO whereby from the gist of the amendment, the victim of domestic abuse can apply for the PO when waiting for the issuance of PO. This means that they no longer have to wait for the granting of PO to be done during the lengthy court trials.
The Penal Code (Act 574)
The Domestic Violence Act 1994 has to be read together with the Penal Code whereby domestic violence is deemed as a crime. Under section 326A of the Penal Code provided that whoever causes hurt to his spouse or ex-spouse, a child, an incapacitated adult or other member of the family and commits any of the offence under section 323, 324, 325, 326, 334 or 335 shall be punished with imprisonment for a term that may extend to twice of the maximum term for which he would have been liable on conviction for that offence under such relevant section. Hence, the aforesaid victims of domestic violence can be protected under the Penal Code from any hurt or grievous hurt caused by the abuser.
The Law Reform (Marriage and Divorce) Act 1976 (Act 164)
Another law that provides the protection of relevant domestic violence can be found under section 103 of the Law Reform (Marriage and Divorce) Act 1976. This Act provides that the court shall have the power during the period of any matrimonial proceedings or on or after the granting of a decree of divorce, judicial separation to restrain any person from using his or her society on his or her spouse or ex-spouse from the acts of molestation. Thus, under the LRA, the spouse or ex-spouse can be protected from any sexual molestation acts, during or after the divorce.
The Child Act 2001 (Act 611)
Previously, the protection against child abuse can be referred from the Child Protection Act 1991. However, it is pertinent to know that the Child Protection Act 1991 had been repealed and replaced by the Child Act 2001. Section 28 and 29 of the Child Act 2001 imposes a duty on any member of the child’s family and child care provider to report to a protector if they discovered that the said child has been abused domestically. Failure to report such offence will be punishable with a fine up to RM 5,000 or imprisonment up to 2 years or to both.
Other resources/organizations that assist the victim of domestic violence
Despite relying on the statutory laws, the victims of domestic violence/abuse can also rely on the Governmental Organization or Non-governmental Organization (NGO) to get away from the violent environment or to seek further assistance from these bodies on mental or physical therapy. The victim can contact the Social Welfare Department (JKM) for assistance or report the case of domestic violence to the nearest police station to obtain legal protection from the police officer. The injured victim of domestic violence can also go to the One Stop Crisis Centre available at the Government Hospitals that operates 24 hours per day. The victims or his/her representor can also rely on several hotlines to prompt assistance from the Women’s Aid Organization (WAO).
Suggestive Ways to stop Domestic Violence
A conflict between members of a household, involving physical or emotional harm, sexual assault is deemed to be domestic violence.
“He promises he’ll put an end to it.”
“I believe he will change.”
“Maybe it’s just me.”
These are just a few examples of what. one may be telling themself. It is important however to keep in mind that, while you may or may not be ready to leave an abusive relationship, you must take steps to protect yourself. You should be attentive, prepared, and educated enough to safeguard your safety by recognizing the signals that your abuser is becoming agitated. Try coming up with a code phrase to alert family and friends that you’re in danger. Most importantly, make a list of emergency contacts and memorize it.
Bibliography
the Law Reform (Marriage And Divorce) Act 1976 (Act 164) (p. 62). International Law Book Services.
Ariff, I. (2020, December 10). Domestic Violence got worse during the pandemic. Free Malaysia Today.
Arumugam, T. (April 4, 2020). MCO-linked domestic violence rises. The New Straits Times. Retrieved from https://www.nst.com.my/news/exclusive/2020/04/581233/mco-linked-domestic-violence-rises
(March 25,2020). Communities should step up to help domestic violence survivors during MCO. Women’s Aid Organisation. Malaysiakini.
(28 JUN 2021). Prolonged FMCO will only add to financial and mental stress. the Sun Daily. Retrieved from https://www.thesundaily.my/local/mef-prolonged-fmco-will-only-add-to-financial-and-mental-stress-LY8010841
Reporters, F. (2020, March 18). Ministry cancels suspension of hotline for kids, domestic violence victims. Free Malaysia Today.
the Child At 2001 (Act 611). International Law Book Services.
the Domestic Violence Act 1994 (Act 521). (20 January 1997). International Law Book Services.
the Penal Code (Act 574). (5 January 2019). International Law Book Services