KUALA LUMPUR, April 14 — Malaysia’s main law on domestic violence does not protect everyone facing abuse — leaving those in non-marital relationships without access to critical safeguards.

While the Domestic Violence Act 1994 (DVA) provides a legal framework to protect survivors, its scope is limited to specific “domestic relationships”, excluding unmarried intimate partners such as those who are dating, engaged, or no longer in a relationship.

The gap comes amid rising cases of domestic violence.

Police recorded 7,116 cases in 2024, up from 5,507 in 2023, while the Women’s Aid Organisation (WAO) said its hotline received 50 calls in 2025 involving violence in non-marital relationships.

As more relationships exist outside formal marriage, advocates warn the law is failing to keep pace — potentially leaving a growing group without meaningful protection.

Where the law falls short

Under Section 2 of the DVA, protection is limited to spouses, former spouses, children and other recognised family members.

This means survivors in non-marital relationships cannot access key legal safeguards designed to prevent further abuse, including Emergency Protection Orders (EPOs), Interim Protection Orders (IPOs), and Protection Orders (POs).

These measures allow authorities to intervene early, restrict abusers, and provide immediate relief.

Without them, survivors may be forced to rely on provisions under the Penal Code, which typically address offences after they occur and do not offer ongoing restraining protection.

Abuse without protection

In a recent case highlighted by WAO, a 25-year-old woman endured escalating abuse from her boyfriend of three years.

What began as a stable relationship turned controlling, with the man tracking her movements, threatening to release intimate images, and eventually becoming physically violent.

When she sought help, her case was classified under the Penal Code.

Her unmarried status meant she was not eligible for an Interim Protection Order.

Without legal safeguards to keep her abuser at bay, the harassment continued — forcing her into a cycle of repeated police reports without lasting protection.

Limited alternatives

Malaysia has introduced stalking laws that allow victims to apply for Stalking Protection Orders (SPOs), but these are limited in scope.

They primarily address stalking behaviour and may not cover the wider pattern of abuse seen in intimate partner violence, such as physical harm or coercive control.

The orders are also time-bound, often expiring after trial, unlike DVA protections which can provide longer-term safeguards.

Calls for reform

WAO has called for amendments to the DVA to close the gap.

Among its proposals are expanding the definition of “domestic relationship” to include all intimate partners, allowing unmarried survivors access to protection orders, and introducing safeguards to prevent misuse while ensuring genuine victims are not excluded.

WAO executive director Nazreen Nizam said the law already provides an important framework — but only for those recognised under its current definition.

“This means many victims in intimate non-marital relationships — including those who are dating or engaged — may fall outside this protection.

“The fact is, violence does not occur only in marriages. Violence occurs in power relationships. Violence occurs when there is control, threats, coercion, fear, and danger.”

She added that legal protection should be based on the risks faced by victims, rather than marital status alone. - malaymail