DOMESTIC VIOLENCE

In Malaysia, Domestic Violence Act 1994 provides that any of the following acts amounting to domestic violence :-

1. Wilfully or knowingly placing, or attempting to place, the victim in fear of physical injury ;

2. causing physical injury to the victim by such act which is known or ought to have been known would result in physical injury ;

3. compelling the victim by force or threat to engage in any conduct or act, sexual or otherwise, from which the victim has a right to abstain ;

4. confining or detaining the victim against the victim’s will ;

5. causing mischief or destruction or damage to property with intent to cause or knowing that it is likely to cause distress or annoyance to the victim ;

6. dishonestly misappropriating the victim’s property which causes the victim to suffer distress due to financial loss ;

7. threatening the victim with intent to cause the victim to fear for his safety or the safety of his property, to fear for the safety of a third person, or to suffer distress ;

8. communicating with the victim, or communicating about the victim to a third person, with intent to insult the modesty of the victim through any means, electronic or otherwise;

9. causing psychological abuse which includes emotional injury to the victim;

10. causing the victim to suffer delusions by using any intoxicating substance or any other substance without the victim’s consent or if the consent is given, the consent was unlawfully obtained; or

11. in the case where the victim is a child, causing the victim to suffer delusions by using any intoxicating substance or any other substance.

Further, to constitute domestic violence under the Domestic Violence Act 1994, the above acts have to be committed by an offender, whether by himself or through a 3rd party against:

1. his or her spouse;

2. his or her former spouse;

3. a child who is a member of the offender’s family or of the family of the offender’s spouse or former spouse;

4. an incapacitated adult; or

5. any other member of the family (e.g. adult children, parents or siblings of the offender).

Questions :-

1. Whether the domestic violence act applies to unmarried couples ?

The Domestic Violence Act 1994 expressly refers to spouses and hence does not apply to unmarried couples.

2. Incapacitated adult must be a family member of the offender ?

They they do not necessarily refer to a biological relative so long as they are living as the members of the family.