domestic violence
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Domestic
violence happens when a woman or man regularly hurts his/her spouse
physically or verbally. i.e. beats or mentally tortures the other.
Domestic
violence is rampant in all walks of but it is still not talked about openly.
Statistics show that 1 out of every 6 women is battered by her husband or
boyfriend. Even though domestic violence is a crime, most people don't think
it is. They see it as a domestic or family affair. This makes it hard for
battered women to look for help.
1. The
Domestic Violence Act 1994
The Act
aims to give protection to people who have been abused.
The
Domestic Violence Act protects anyone in Malaysia and includes married
women/men and children, de facto wife/husband, former spouses, children below
the age of 18, incapacitated adults who live as family members or other
adults the court may deem fit to be covered by the Act.
The
following are considered as domestic violence:-
(i)
causing physical injury where it is known or ought to have been known that
physical injury would be a result;
(ii) sexual abuse (iii) emotional and psychological abuse (iv) intimidation/harassment/stalking abusive behaviour that harms or may cause harm to a person
2. To
stop domestic violence
The
victim, a guardian or relative of the victim can do the following:-
(i) lodge
a police report;
(ii) lodge a complaint at the nearest District Social Welfare Department.
Note: An
enforcement officer i.e. welfare officer or police officer can lodge a
complaint on behalf of a child.
a. Duty of
the Social Welfare Officer
(i) assist
a victim in getting medical aid and lodging a police report (if one has not
been made);
(iii) apply for an Interim Protection Order from the Magistrates Court; (iii) initiate investigations on the abuse and meet the parties at counseling sessions; (iv) provide temporary shelter to the victim who has nowhere else to go; (v) settle new arrangements for the children's school, accommodation, etc.
b. Steps
to be taken by the Police
(i) The
police will contact the Welfare department and if the victim is injured, the
victim will be sent to the hospital.
(ii) An investigation into the alleged abuse will be conducted by the Investigating Officer; (iii) If required, the police will detain the aggressor for 24 hours; (iv) The police may detain the aggressor for more than 24 hours but not more than 14 days after obtaining an Order from the Magistrates Court
3. The
court has the power to grant
(i) an Interim Protection Order i.e an Order restraining an aggressor which is valid for 12 months and can be renewed for a further 12 months. (ii) right of exclusive occupation of the home regardless of whether it is jointly or solely owned or rented (iii) an order prohibiting entry to the victim's school or place of work; (iv) any other Order that may be required for the safety of the victim
Note: a
police report may be made and the police will prosecute the aggressor, who
upon conviction may be jailed/fined;
If the
victim had filed Petition for Divorce/Nullity then a Restraining Order can be
obtained from the High Court
(By the Malaysia Bar Council)
  
4,963 cases
of domestic violence reported last year
Bernama |
Published: 26 Jan 2019, 3:06 pm | Modified: 26 Jan
2019, 3:06 pm
Deputy Prime
Minister Dr Wan Azizah Wan Ismail expressed concern with the high number of
cases of domestic violence in the country.
Based on statistics by the police,
she said, it was worrying that a total of 4,963 cases reported between
January and November last year.
"In general, social problems
such as violence against women, child abuse, domestic violence and unwed
mothers, are on the rise, and are getting the attention of various quarters,”
she said when launching the state-level 'Santuni Rakyat' programme at Angsana
Mall in Johor Bahru today.
The programme, organised by the
Women, Family and Community Development Ministry, with the cooperation of the
Johor government, was also attended by Menteri Besar Osman Sapian and state
women development and tourism committee chairperson Liow Cai Tung.
Wan Azizah, who is also the women,
family and community development minister, said the Talian Kasih 15999
hotline that was introduced to help victims to get assistance, received 651
applications involving cases of child abuse and domestic violence.
Of the total, she said, 75 cases
were in Johor, making it the state with third highest number of cases in the
country.
As such, she expressed the need for
the society to be more caring and be the “ears and eyes” for the Women's
Ministry by reporting such cases, so that investigation can be conducted and
necessary assistance could be provided to the victims.
Wan Azizah said the ministry, through
the state women development committee, would continue to organise special
programmes to address violence against women as the problem would not only
affect the victims, but also their families, the community and the country.
She said it was her hope that all
quarters would cooperate to ensure the success of programmes aimed at
enhancing public awareness of violence against women.
In another development, the deputy
prime minister said until last Dec 31, a total of 63,132 women nationwide had
registered for the Suri Incentive (i-Suri) voluntary contribution scheme and
25,674 women who were not eligible for i-Suri having registered for the
i-Saraan voluntary retirement contribution scheme.
"i-Suri was launched on Aug 8,
2018 to provide a basic social security network for housewives who shoulder
the responsibility of raising and educating children.
"They are exposed to risks
should anything unfortunate happen to their family,” she said, adding that
1,177 housewives in Johor were registered with i-Suri until Dec 31 last year.
Meanwhile, Wan Azizah welcomed
efforts by the Johor government to introduce the 'Mama Friendly' programme by
providing nursing rooms at government offices for working mothers.
The programme would be carried out
through the Darul Ta'zim Family Development Foundation (YPKDT) at the state
government’s administrative centre in Kota Iskandar, before it is expanded to
other government premises, she said.
- Bernama
Getting Help for Domestic Violence
You are not alone. Here are some of
your options if you’re experiencing domestic violence.
Option
1: Rumah perlindungan social YWCA if you are in Klang
Tel/Fax: 03-3372 5175
H/P: 010-365-6950
We can provide advice, explore your
options, and/or schedule a face-to-face consultation with you. You can also
access this services such as shelter and crisis support, by contacting the
Rumah perlindungan social YWCA hotline.
Option
2: Go to the "One Stop Crisis Centre" at Government Hospitals
“One Stop Crisis Centres” (OSCC)
are located at emergency rooms of government hospitals. At the OSCC, doctors
provide medical treatment for any injury and also collect medical evidence,
which can be used in court.
You can lodge a police report at
the hospital if you wish to make one. The OSCC can also help you access
police protection, shelter, legal advice, and counselling via the Medical
Social Worker or Social Welfare Officer. It is, however, NOT mandatory to
make a police report for domestic violence in order to get medical treatment.
Medical services at the OSCC are
free for survivors of domestic violence and sexual violence. You should bring
your IC with you to the OSCC.
Option
3: Obtain an 'Emergency Protection Order' from the Social Welfare Department
(JKM)
An Emergency Protection Order (EPO)
is an order issued by the social welfare (JKM) officer instructing the
perpetrator to stop committing acts of violence towards you.
An EPO can be obtained at any time
by calling Talian Nur (15999) which is available 24 hours a day, or by
visiting the nearest JKM office. You should bring your IC and your child’s
birth certificate (if applicable) with you to JKM. You do not need to make a
police report to get an EPO. It will be valid for 7 days.
An EPO can be
applied before obtaining an Interim Protection Order (IPO) or Protection
Order (PO).
Option
4: Make a police report and apply for an Interim Protection Order at the
police station
Making a police report
You can report any act or threat of
violence.
You can make a police report in
Bahasa Malaysia or English, either by typing it yourself at the police
station or by orally dictating it to the police officer. You can also draft
your report in advance.
In your police report, write down
the details of the abuse, such as what happened, when it happened (date and
estimated time), where it happened, and who was involved. Remember
to get a copy of the police report.
If you don’t want to press charges
but would like to document the incident, you can make a “cover report”
instead of an “action report”.
Applying for an IPO
You can ask the police officer to
start the application for an Interim Protection Order (IPO). IPOs are court
documents which prohibit perpetrators from committing abuse and are valid
throughout the police investigation. Spouses, former spouses or family members
of perpetrators can apply for the IPO. (However, the IPO does not cover
non-married couples.)
You can still make a police report
even if you don’t have your IC with you. If you are unsure how to make a
police report, you can contact us. Preparing to Leave Domestic Violence
Because violence could escalate
when you to leave, here are some things to keep in mind before you
leave:
 
PUTRAJAYA:
Some 1,600 Welfare Department (JKM) officers will be empowered to issue
emergency protection orders (EPOs) to provide immediate protection to victims
of domestic violence, said Women, Family and Community Development Minister
Rohani Abdul Karim.
She said
it was among five reforms included in the Domestic Violence (Amendment) Bill
2017, which is expected to be tabled for the second and third readings in the
Dewan Rakyat at the next Parliament sitting.
Through
the amendment, she said authorised officers would be empowered by the JKM
director-general to issue ex-parte temporary orders effective for one week to
protect domestic violence victims during emergency situations.
“All JKM
officers are in the midst of undergoing or have undergone the relevant
course.
“The
ministry wants all JKM officers in the field to be well-trained,” she told
reporters at a briefing session on the Domestic Violence (Amendment) Bill
2017 to media practitioners here today.
She said
the EPOs would provide protection to domestic violence victims by preventing
the perpetrator from hurting the victim or inciting others to commit domestic
violence. They would also prevent the perpetrator from entering a safe place,
shelter, residence, joint residence or alternative residence.
Rohani
said the amendment to the bill was to beef up the protection of victims and
restore the family institution.
At
present, victims can only obtain an interim protection order (IPO) and
protection order from the court, but many complaints against domestic
violence occur during the weekends when they cannot get the order immediately
as the court is not in session then, she said.
She said
the EPOs would be effective for a period of one week and if the perpetrator
committed violence against the protected person, he could be liable to a fine
of RM4,000 or jail of not more than one year or both.
Action can
also be taken against those found to have given false evidence under Section
181 of the Penal Code.
Rohani
said victims of domestic violence could get EPOs directly from the
department’s offices or contact the 24-hour Nur line.
Police
statistics from 2014 to 2016 revealed that 15,617 cases of domestic violence
were reported in the country, 26% of which had male victims.
Types
of Domestic Violence – Signs and What You Can Do
While
abuse is often stereotypically portrayed in only one manner, as physical
violence, there are actually several types of domestic violence.
Domestic
violence is a problem that affects millions of people in all types of
relationships — traditional marriages, same-sex partnerships, and
relationships where there is no sexual intimacy involved. The United States Department
of Justice defines domestic violence as “a pattern of abusive behavior in any
relationship that is used by one partner to gain or maintain power and
control over another intimate partner.”
The
Types of Domestic Violence
According
to the U.S. DOJ, five types of domestic violence
exist, and each has a devastating effect on those involved — including
witnesses of the abuse. These include:
Physical
violence
The use
of physical force against another. Examples include hitting, shoving,
grabbing, biting, restraining, shaking, choking, burning, forcing the use of
drug/alcohol, and assault with a weapon. Physical violence may or may not
result in an injury that requires medical attention.
Sexual
violence
The
violation of an individual’s bodily integrity (sexual
assault),
including coercing sexual contact, rape and prostitution, as well as any
unwelcome sexual behavior (sexual harassment), including treating someone in
a sexually demeaning manner or any other conduct of a sexual nature, whether
physical, verbal or non-verbal. Sexual abuse also includes behavior, which
limits reproductive rights, such as preventing use of contractive methods and
forcing abortion
Economic
abuse
Making
or attempting to make the victim financially dependent on the abuser.
Examples of this include preventing or forbidding an intimate partner from working
or gaining an education, controlling the financial resources and withholding
access to economic resources.
Psychological
abuse
Intimidation,
threats of harm and isolation. Examples include instilling fear in an
intimate partner through threatening behavior, such as damaging property or
abusing pets, constant supervision or controlling what the victim does and
who they talk to.
Further,
spiritual abuse may be included as a type of psychological abuse. It involves
the misuse of spiritual or religious beliefs to manipulate or exert power and
control over an intimate partner. For example, using scripture to justify
abuse or rearing the children in a faith or religious practice the partner
has not agreed to.
Emotional
abuse
Undermining
an individual’s sense of self-worth. Examples of emotional
abuse include
constant criticism, name-calling, embarrassing, mocking and humiliating.
How
to Recognize Domestic Abuse
These
types of domestic abuse have many shades and variations, carefully customized
by the abuser to use in his or her quest for power and control. Warning signs
that a relationship may be abusive include a partner who:
Family
and friends can also help identify abuse by addressing changes in a loved
one’s behavior, such as:
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