Domestic Violance

7/29/2019 Domestic Violance

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MALAYSIAS DOMESTICVIOLENCE ACT 1994

Hospital selama


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HISTORY

The early history DV has been tracedand fight by activist and womensNGOs.

The responsible government agenciesof that time was HAWA and PrimeMinister Department before October1990, later under Department ofNational Unity and Intergration.

In 1996, Social and WelfareDepartment


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Domestic Violence Act 1994

be enacted by the Seri PadukaBaginda Yang di-Pertuan Agong

with the advice and consent of the

Dewan Negara and Dewan Rakyat

in Parliament assembly.


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Philosophy of DV

to prevent any domestic violence

as a medium to solves domestic

problem and to ensure peace andharmony in family institution.

as instruments to the victim toget immediate protection whendomestic violence occur.


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Objective / Aims of DV

to provide laws protection in

domestic situation and othermatters related.

to give awareness to husband fornot to hurt wife or vice versa.

must be seen as a system thatprovides protection to victims ofviolence and not to corrupt anyfamily institution.


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Domestic Violence Act

This act is applicable to all personin Malaysia, regardless of onereligion , race, gender or place ofbirth.

This is consistence with Article 8of Malaysian Federal Constitutions.


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Person Protected

Husband or wife or ex-wife or ex-husbandincludes husband or wife de facto(anyperson who went through any customaryceremony which is acknowledge as a

religious ceremony although it is notregistered or cannot be registered in anywritten laws)

Children (under 18 years old)Any other family members such as son, or

adult women, mother or father, brother,

sister or brother or sister


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Interim Protection Orders

(IPO)

When a report / information ofdomestic violence is receiveddirectly from police or welfare

officers.

Section 4


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Protection Orders (PO)

PO is given by the courts in proceedingswhich involves DV

Implication to prevent the abuser to

make any action of DV to the victim. Court may provides orders to the abuser

not to initiate other person to make any

violence to the protected person. The period of PO is not more than 12

month from the date order is made.


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Power to Arrest

Court may give power to arrest to theIPO/PO if the abuser will caused

physical to any protected personwithout warrant.

Section 7


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Penalty for breach IPO/PO

Intentionally breach of IPO/POPenalty not more than RM2,000.00 or

imprisonment not more than 6 months or

both. Intentionally in breach of IPO/PO with

violence. Penalty not more than RM4000.00or imprisonment not more than 1 year or

both. 2nd time intentionally breach of IPO/PO,

imprisonment not more72 hours and notmore than 2 years and penalty not more

RM5000.00


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Duties Of Enforcement Officers

1. The duties of enforcement officer in shall

include :

i) to assists any victim of DV to lodged a

complaint regarding the DV.

ii) providing or arranging transportation forthe victim to an alternative residence orgazetted place or shelters if is required.


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Cont.

iii) providing or arranging transportationfor the victim to the nearesthospital or medical facilityfor treatment of injuries if suchtreatment is needed.

iv) Explaining to the victim of her rights ofprotection against DV

v) Accompanying the victim to thevictims residence or previousresidence to collect personal

belongings.


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An enforcement officer who is also a

police officer shall have the followingadditional duties:

i) Exercising the powers of arrest underthis Act or any other written laws;

ii) Removing or supervising the removalof a person excluded from a sharedresidence where the court has issuedan order.

Cont.


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Gazetted places /shelters

All safe /secure places /sheltersadministered by the Welfare

Department or NGOs.

For the purpose of the Act must get

consent/approval by the ministers.


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List of Gazetted Place DV Act 1994

1. Rumah Seri Kenangan Bedong, Kedah

2. Rumah Seri Kenangan Tanjung

Rambutan, Perak.

3. Taman Sinar Harapan Cheras, Selangor.

4. Taman Sinar Harapan Kuala Kubu Bahru,

Selangor.

5. Taman Sinar Harapan Tunku Ampuan

Najihah, Seremban, Negeri Sembilan.

6. Rumah Seri Kenangan Seremban Negeri

Sembilan.

7. Rumah Seri Kenangan Cheng, Melaka.

8. Rumah Seri Kenangan Johor Bahru, Johor


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Cont.9. Taman Sinar Harapan Tampoi Johor

Bahru, Johor.10. Rumah Ehsan Dungun Terengganu

11. Rumah Seri Kenangan Taman Kemumin

Kota Bahru, Kelantan.12. Desa Bina Diri Jerantut, Pahang.

13. Rumah Seri Kenangan Kucing, Sarawak.

14. Rumah Seri Kenangan Sibu, Sarawak.

15. Rumah Warga Tua Sri Harapan, Sandakan,Sabah.

16. Rumah Warga Tua Air Panas, Tawau

Sabah.


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Process To Obtained InterimProtection Orders (IPO)

Lodged POLICE REPORT

(victim)

Help Assistant Welfare Officer

(victim)

Magistrate Court(Request for IPO)

(Welfare Officer & Victim)


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Suggestion

i ammend DVA : no need to refer to

panel code.

ii has special counter in police station for

DV victim.

iii more shelter home for DV victim.


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Conclusion

It is important for all related

agencies to collabrate inorder to combat this issues.


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Thank you

Documents

Domestic Violance