My abuser breached the protection order. What happens now, and can I claim compensation?

A protection order is meant to stop the violence. When the person it was made against comes back, calls, threatens or attacks again, the law treats that seriously. This guide explains what happens after a breach, and how a survivor can claim compensation for the harm.

First: safety and reporting

If you are in danger, call 999. Report every breach to the police and keep a copy of the report. Note the date, time, what happened, and any witnesses. Keep messages, photographs of injuries or damage, and medical records. Talian Kasih 15999 provides support.

When can the police arrest?

Where the court is satisfied that the person is likely to cause actual physical injury, it attaches a power of arrest to the protection order or interim protection order (s.7(1) of the Domestic Violence Act 1994 (DVA)). With a power of arrest attached, a police officer must arrest the person without warrant in situations including:

• when the protected person lodges a report of domestic violence;
• when the officer has reasonable cause to believe the person is in breach of key terms of the order; or
• when the person enters a place prohibited by the order (s.7(2)).

The arrested person must be brought before a judge within 24 hours and is not released within that time except on the judge's direction (s.7(3)).

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Is a breach a crime?

Yes. Wilfully contravening a protection order, or any provision of it, is an offence (s.8(1)). The Act provides heavier penalties where the breach involves using violence on a protected person (s.8(2)), and a mandatory term of imprisonment for a second or subsequent violent breach (s.8(3)). For these purposes, a protection order includes an interim protection order (s.8(4)). The penalties are set out in section 8; whether a charge is brought is a decision for the prosecution.

Can the court strengthen the order?

Yes. Where a protection order is contravened, the court may, in addition to any penalty, make or make anew any of the orders available under section 6(1), from a date it specifies (s.9). These can include orders restricting the person's access to the shared residence or the victim's workplace, and restrictions on communication.

Can I claim compensation?

Yes. Under section 10(1), where a victim suffers personal injuries, damage to property or financial loss as a result of domestic violence, the court hearing the claim may award compensation it considers just and reasonable. It may take into account (s.10(2)):

• pain and suffering, and the nature and extent of physical injury or psychological abuse, including emotional injury;
• the cost of medical treatment;
• loss of earnings;
• the value of property taken, destroyed or damaged; and
• necessary and reasonable expenses of separating, such as shelter costs, transport and moving, and setting up a separate household, which may include housing loan or rent payments for a period (s.10(2)(e)).

The court may weigh both parties' financial positions and whether the matter is better dealt with under family law on financial provision (s.10(3)).

What should I do first?

1. Call 999 if in danger; then lodge a police report about each breach.
2. Keep a copy of the order with you, and give a copy to your workplace security if relevant.
3. Collect evidence: medical reports, photos, receipts and repair quotes.
4. List your losses: treatment costs, lost wages, damaged items, moving and rental costs.
5. Ask about compensation and fresh orders in the proceedings.

Example

A woman has a protection order barring her husband from her workplace. He arrives and damages her car. She calls the police, who arrest him as a power of arrest is attached. She keeps the repair quotation, her medical report for bruising, and her payslip showing unpaid leave, and asks the court to consider compensation under section 10.

Common mistakes

• Not reporting "minor" breaches, which weakens later enforcement.
• Meeting the abuser alone to "talk it out" while the order is in force.
• Not keeping receipts for expenses caused by the violence.
• Assuming compensation is automatic. It must be claimed and proved.

When to speak to a lawyer

Speak to a lawyer after a breach, to make sure fresh orders, compensation and any family proceedings are joined up. See our family and divorce page; you can also contact us.

Frequently asked questions

Does an interim protection order count?

Yes. For the offence in section 8, a protection order includes an interim protection order (s.8(4)).

Can I claim compensation if there was no criminal conviction?

Section 10 allows the court hearing a claim for compensation to make an award. Take advice on how and where to bring the claim on your facts.

Where can I get support?

Talian Kasih 15999 and the Department of Social Welfare can help. In an emergency, call 999.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Domestic Violence Act 1994 (Act 521), as amended by Act A1538 (2017), AGC Laws of Malaysia
2. Royal Malaysia Police (PDRM): how to make a police report, including road accident reports under section 52 of the Road Transport Act 1987
3. Government of Malaysia portal, Talian Kasih 15999 (KPWKM / JKM)
4. Department of Social Welfare Malaysia (Jabatan Kebajikan Masyarakat)

Fact-checked on 17 Oct 2026