Divorce & Family Law

When discussing domestic violence or personal injury cases, many people are concerned about one question:
If the victim suffers extremely serious injuries—such as fractures, disfigurement, or severe psychological trauma resulting in mental confusion—can the victim claim compensation for emotional distress from the perpetrator?
The answer is: Yes.

Whether it involves severe physical injury or serious psychological trauma, as long as the existence of the harm and the causal link between the harm and the violent act can be proven, the victim has the legal right to claim compensation from the perpetrator.

If the perpetrator’s conduct has become so serious that the victim feels their life is in danger, the terms of the protection order must be written clearly and specifically when applying for it.

The law allows “prohibition of approach” clauses to be included in the court order, for example:

The perpetrator must not come within 50 meters of the victim
The perpetrator must not appear at the victim’s residence or workplace
The perpetrator must not harass or threaten the victim

The 50-meter restriction is particularly important.

In domestic violence cases, many victims face a practical issue after obtaining a Protection Order or Interim Protection Order:

They need to return to the residence to collect daily necessities. What should be done?
If the perpetrator is still at home, should the victim face them alone?
Below are key points:

I. Special Terms Can Be Included in the Interim Protection Order

Many people ask:
If an Interim Protection Order (IPO) is only valid during the investigation period, what happens after the investigation ends? Is there still protection?

Below is a clarification of the legal process (applicable in Malaysia):
Validity of an IPO

An IPO is applied for after the police initiate an investigation.
Under the law, an IPO ceases to be effective when:

The police complete the investigation; or
The alleged perpetrator is formally charged in court

This means the IPO is only a temporary measure during the investigation stage.

If the perpetrator has received an EPO or IPO but continues to harass, threaten, or approach the victim, what can be done legally?

First, it must be understood that:
A protection order is not merely symbolic—it is a legally binding order.
How Does a Protection Order Take Effect?

Once an EPO is approved, the relevant authority will forward the order to the local police, who will formally serve it on the perpetrator.
Once the perpetrator is notified, the order takes effect.

Many people ask:
How long does an Emergency Protection Order (EPO) last?

The answer is: 7 days.

An EPO is a short-term, emergency measure intended to provide immediate protection during the most dangerous period.

What happens after the 7 days expire?
There are generally two approaches:
I. Apply for an Extension

If the risk still exists, an application for extension may be made.

If the victim already has visible injuries, or the situation is serious, many will ask:
Should one file a police report first? undergo medical examination? or directly apply for an Emergency Protection Order (EPO)?

In fact, these actions can be carried out simultaneously rather than choosing only one.

Below is a summary of key points (applicable in Malaysia):
I. Police Report

The role of the police is to receive reports and initiate investigations
Record statements and collect evidence
Submit investigation findings to the prosecutor for a decision on charges
The police may advise the victim to undergo medical examination
However, the police do not automatically provide ongoing legal protection at that moment