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Yap & NadiraAdvocates & Solicitors · Family Law

Guide

Getting protection under the Domestic Violence Act 1994

If you are in immediate danger, stop reading and call 999. Talian Kasih at 15999 (WhatsApp 019-261 5999) is staffed around the clock. This guide is for the hours after — when you are safe enough to plan.

Who the Act protects

The Domestic Violence Act 1994 protects spouses and former spouses, children, incapacitated adults and other family household members. Since the 2017 amendments, "domestic violence" expressly includes psychological abuse, threats, and conduct like relentless degrading communication — not only physical harm. You do not need visible injuries to be inside the Act.

The three orders

Emergency Protection Order (EPO) — issued by an authorised social welfare officer, without a police report, without the abuser present, typically within hours. It lasts seven days and exists to create a safe gap in which the next steps can be taken.

Interim Protection Order (IPO) — granted by a magistrate once a police report has been lodged and investigation begun. It protects you for the duration of the investigation. In urgent cases the application moves in days.

Protection Order (PO) — the full order, made in the course of proceedings. It can prohibit violence and contact, bar the abuser from approaching your home, workplace or the children's school, grant you exclusive occupation of the shared home regardless of title, and cover the children expressly.

The practical sequence

In most matters: safety first (family, refuge, changed locks); a police report — bring someone with you, bring us if you want; medical examination if there were injuries, on the same day where possible; welfare office engagement for an EPO where speed matters; then the IPO application before the magistrate. We prepare the affidavit and appear with you. Where finances and children are also at risk, we pair the protection application with urgent interim custody and maintenance applications so that safety does not cost you everything else.

Evidence, safely

Keep what you can keep safely: photographs, medical notes, messages, a dated diary of incidents. Do not confront, record, or provoke to gather evidence — your safety outranks the file. Patterns matter as much as incidents; write down the ordinary Tuesdays, not just the emergencies.

If the order is breached

Breach of a protection order is a criminal offence and police can arrest for it. Keep a copy of the order with you and at the children's school, report every breach immediately, and tell us the same day — enforcement is where an order becomes protection.

One more thing

Leaving is a process, not an event, and the statistics say it is the most dangerous window. Plan it with professionals — welfare officers, the police, women's aid organisations, and lawyers who do this weekly. You do not have to be certain about divorce to be certain about safety. The two decisions can be made separately, in that order.

This guide is general information about Malaysian law, current at the date above — it is not legal advice for your situation, and reading it does not create a solicitor–client relationship.

Start with one calm conversation.

A free 15-minute callback, no obligation. Then, if it helps, a proper first consultation — RM280, credited against your fees if you engage us within 30 days.

If you are in immediate danger, call 999 or Talian Kasih 15999 — before anything on this page.

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