Domestic Violence Legislation and its Implementation

INTERNATIONAL STANDARDS
ON DOMESTIC VIOLENCE LEGISLATION
19
It is advisable to include all forms of domestic relationships in the law. The
broadly defi ned relationships of dependency mentioned in some of the laws allow for a broad
interpretation of the law. A recommended formulation is to supplement provisions on
individuals covered under the law with a defi nition of a “shared residence” to include
all family members within it. This has been done in the Malaysian, 47 Cambodian, 48 and
Singaporean 49 laws.
PROVISION OF CRIMINAL AND CIVIL REMEDIES
Most domestic violence legislation in ASEAN countries is special single-issue legislation.
Singapore and Lao PDR demonstrate exceptions to this rule: Singapore provides civil reliefs for
domestic violence within a family law and Lao PDR includes provisions on domestic violence in
a broader gender equality law. Most of the laws provide for the grant of civil orders for relief and
allow simultaneous criminal proceedings in cases of serious acts of violence. The breach of civil
orders is recognised as a punishable offence.
The laws of Cambodia, Indonesia, Singapore and Vietnam provide for injunctive civil
orders such as protection orders/instructions or “forbidden contact measures”. 50 The laws of
Cambodia 51 and Indonesia 52 also allow the grant of additional orders. While the Cambodian
law specifi es the additional orders that may be granted, such as custody of children and
fi nancial assistance, the Indonesian law does not provide any details. The Singaporean 53 and
Malaysian 54 laws also make special mention of the “balance of probabilities” standard in
granting injunctive or other reliefs. 55
In some countries criminal sanctions for domestic violence are included in special
legislation, such as Indonesia, 56 the Philippines, 57 and Thailand. 58 In others, such as
Malaysia, 59 these sanctions form part of general criminal law. A protection order to prevent
domestic violence may be applied for either independently or in pending criminal proceedings. 60
The general criminal law provides the procedure for criminal proceedings.
47 Section 2 of the Malaysian law.
48 Article 2 (3) of the Cambodian law.
49 Section 64(d) of the Singaporean law.
50 Article 20 of the Vietnam law.
51 Article 25 of the Cambodia law.
52 Article 33 of the Indonesia law.
53 Section 65 (5) of the Singapore law.
54 Section 6 (1) of the Malaysian law.
55 Balance of probability standard is used in most civil cases when the standard of proof is satisfi ed when it is proven to be more likely
to be true than not true, in other words, judge makes a decision on the basis of whether the evidence was more probable than not.
56 Chapter VIII of the Indonesian law.
57 Section 5 of the Philippine law.
58 Article 4 of the Thai law.
59 Ref Section 3 of the Malaysian law.
60 For e.g. Section 11 of the Philippine law provides that a protection order may be applied for “as an independent action or as an
incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act.”