KEY NOTES ON NUR ASHIQEEN

MOHD SULTAN
DOMESTIC VIOLENCE TALK 2014324301
Lecture:Group C
12/10/2017 Tutorial:Group B
 RATHAMANI KANDAIAH
(FAMILY LAW LAWYER)

DVA applies to all members of family

At the first instance of violence such as slapping, it is advised
to go and make a report. As this will be the encourager if the
victim did not do so.
The victims reluctance is due to the charge that is also
attached to the Penal Code.
In terms of psychological trauma, the burden of proof is
dif ficult to proof, therefore needs medical evidence.
Judges are supposed to advised but nowadays it is the
opposite.
The use of weapons: power of arrest from the judge.
IPO: stop abuse or harassed pending investigation until
complete.
 RASHIDAH
(DOMESTIC VIOLENCE SURVIVOR)

Her second marriage is where the violence happened.

At High Court, the decision did not favor her and she was
fined RM2k instead for attempt to murder by throwing chili
powder to her husband as a defense during the abuse.
Fortunately, the decision was reversed and favored her in the
appeal.
She is now a stronger and successful businesswomen after
the tragedy that hit her.
 IVY JOSIAH
(WOMENS AID ORGANISATION/ACTIVIST)
Domestic violence perpetrator instills fear. I way of controlling
her. When women react to beating, the fear is invoked.
The questions that must be asked: is it
Systematic?
repetitive?
Not spontaneous(planned)?
In Malaysia, when you make a report, they only investigate
that particular report. In contrast with the Australian system
where all past charges are chained.
The magistrate in Rashidahs case fails to see that she was
defending herself instead fined her with RM2k.
The police, judiciary and welfare must understand the law and
not bring their prejudices along with them. These institutions
must be funded well
 IVY JOSIAH

Substance Institution Culture

Culture is the worst part, which is the influencer.
DV is not about stress, it is about power, patriachy.
Recent development in DVA is the Emergency Protection Order
where a welfare of ficer can issue EPO without the police
report(7 days). No need for counseling. But there is now
counseling for men.
Usually, IPO is general. Now it is specified in terms of the acts
that he should not do.
The law needs resources to function well. Cotrolling behaviour
must be recognized in a relationship as this is a trait.
Violence is not a chosen action.