Malaysia Family Law / Divorce Law |
Special Circumstances in Divorce: Do Domestic Violence or Emotional Abuse Count❓
Uncovering the Grey Areas❗Part 1

What is a “Special Circumstance”?

📌 The law does not provide a complete list specifying which situations are definitively considered “special circumstances”
📌 It is a broad and undefined concept
📌 Judges exercise discretionary power based on the facts of each individual case
📌 The key issue is whether there are sufficient reasons to show that a certain procedure (e.g. mediation) is not suitable

Does Domestic Violence Count as a “Special Circumstance”?

📌 In principle: yes, it can be considered
📌 Because in situations involving violence or safety risks, compulsory mediation may be unreasonable
📌 It may even cause secondary harm to the victim

Key Issue: How to Prove It?

Courts will usually consider:
📌 Whether a police report has been made
📌 Whether assistance has been sought from the welfare department
📌 Whether a protection order has been applied for
📌 Whether there are medical reports or injury examination records
📌 Whether there are photographs, witnesses, or other supporting evidence

If No Action Was Taken at the Time, What Issues May Arise?

📌 No police report
📌 No protection order
📌 No medical documentation
📌 No objective supporting evidence

The court may question:
📌 Why was no police report made at the time?
📌 Why was no protection order applied for?
📌 Why were legal rights not exercised?

⚠️ The court’s assessment cannot rely solely on one-sided statements; it must be supported by evidence.

Real-Life Situations

📌 Some individuals do not report due to the intention of repairing the relationship
📌 Some consider family or children
📌 Some hesitate or feel fear at the time
📌 Injuries may have healed, leaving no visible traces

👉 However, legally, the burden of proof still exists.

Summary

📌 Domestic violence may constitute a “special circumstance”
📌 However, it must be supported by relatively sufficient evidence
📌 Claims of “special circumstances” cannot rely solely on verbal statements
📌 Relevant records and proof must be prepared
📌 Ultimately, the judge will decide based on the facts of the case