Lawyers want Domestic Violence Act amended

PETALING JAYA: The Domestic Violence Act 1994 should be amended to extend protection to either party of an unmarried couple, who may be a victim of physical, mental or emotional abuse, says a lawyer.

Currently, it only provides for children, family members and spouses, including “de facto spouse” – a person who has undergone a form of wedding ceremony according to their custom or religion and regardless of whether the marriage is legally registered.

Lawyer Bryan Ng Yih Miin observed that the Act does not, however, cover couples who are in a relationship and unmarried, or who may be living together.

“Ordinarily in a domestic abuse case, the victim can obtain an interim protection order (IPO) against the abusive spouse for protection during investigations.

“Later during proceedings, the court can also issue a protection order (PO) to continue restricting the spouse from inflicting harm on the victim or inciting others to harm the victim,” he said.

“Unfortunately, in the case of a boyfriend and girlfriend, the Act does not provide for them, so the IPO and PO are not applicable to them.”

Ng also said that the process for an IPO should be made faster because cases of domestic violence, once brought to light, should result in immediate protection for the victims.

He said that under normal circumstances, the complainant must make a police report first, and only after the police issue an official letter to the Welfare Department will an officer there try to obtain an IPO or a PO from the courts.

“This process takes a long time when in most domestic violence cases, the need for protection is immediate,” he said.

Lawyer Choo Dee Wei observed that as per Section 5 of the law, an IPO or PO only applies to the victim, the couple’s children or incapacitated adults.

“For instance, say the abuser has a sister who is above 18 years of age and is not incapacitated but also suffering abuse.

“If the sister does not lodge a complaint, it appears that under Section 5, she is without protection,” he said.

Choo also noted that the definition of “child” was rather restrictive, referring only to juvenile family members of offenders and their spouses or former spouses.

“Children who are not family members, such as those who are being looked after by the victims, are not covered under the Act although they may be subject to similar abuse as the victims,” he said.

Also, Choo called for an amendment to Section 18 of the Act – which covers those who provide information on domestic violence offences – to better protect those who report such cases by enabling them to withhold their identities.

Women’s Aid Organisation (WAO) communications officer Tan Heang-Lee said domestic violence could happen to anyone, regardless of socio-economic background.

“We have assisted women from various backgrounds, including women who are professionals.

“In such cases, it can be harder for the women to speak up because they may face even more social stigma for being in an abusive relationship,” she said.

However, regardless of background, women should know that domestic violence is never their fault and they do not deserve the abuse, Tan said.

“If they need help, they can contact the WAO Hotline, 03-7956-­­3488, or send an SMS or WhatsApp message to 018-988 8058,” she said.