Potentially, yes. Evidence of battered woman syndrome or other domestic abuse has not been tested as an affirmative defense in Malaysian courts. It is unclear whether it will be accepted by courts in Malaysia as there is a problem with relying on the defense of provocation in relation to battered woman syndrome. Provocation requires immediacy or suddenness. The behavior of battered women who are repeatedly beaten is typically to fight back only after the attack, which invalidates the suddenness requirement.[53] Furthermore, if the battered woman gets hold of a weapon to kill their abuser, it could be demonstrated as a chance to calm down and plan the act. This would negate the suddenness requirement.[54] That said, evidence of battered woman syndrome or other domestic abuse can potentially be brought up as a mitigating factor.
There are no legal provisions in this regard.
There are no legal provisions in this regard.
There are no legal provisions in this regard.
No. There are no legal provisions that specifically prohibit this. In any event, note that refugees and noncitizens may still fall within the scope and protection of local legislation, such as the Domestic Violence Act 1994 and Penal Code.
No. There are no immigration remedies available in such situations.
No. There are no domestic violence legislative or administrative provisions in place for dealing with the situation of asylum accessibility in Malaysia. The detention of asylum-seekers in Malaysia is mandatory and governed under the Immigration Act 1959/63.
No. Military POs are not available in Malaysia.
There are no special rules regarding child custody in domestic violence cases.
Generally, the law on granting custody of a child is provided under the Law Reform (Marriage and Divorce) Act 1976. The court may order a child to be placed in the custody of his/her father or mother. Where there are exceptional circumstances making it undesirable that the child be entrusted to either parent, any other relative of the child or any association (including child welfare) or another suitable person may be given custody instead.[55]
The paramount consideration is the welfare of the child and subject to this, the court will also consider the wishes of the parents of the child and the wishes of the child, where he or she is of age to express an independent opinion.[56] There is also a rebuttable presumption that, if the child is below the age of seven, it is for the good of the child to be with the child's mother.[57] The rationale behind this presumption is that this is a period of nurture when a young child is dependent on the mother for its physical and emotional needs. The courts tend to lean in favor of the mother being given custody of a young child.
Yes. The judge can consider the testimonies of the other spouse and the children when determining custody.
There are no legal provisions in this regard.
There are no legal provisions in this regard.