Damages for Domestic Violence in Malaysia: Amount Payable (2025)
Introduction
Domestic violence is not merely a family dispute — it is a serious legal wrong that can result in civil and criminal liability. In Malaysia, victims of domestic abuse are protected under both the Domestic Violence Act 1994 (DVA) and the law of tort, which allows survivors to claim monetary damages for physical injuries, humiliation, and emotional suffering.
A recent case before the High Court of Malaya in Shah Alam — AmirAriff bin Amerudin v Ram Talib bin Jani Mohammed & Ors [[2025] CLJU 269] — illustrates how Malaysian courts award damages in domestic violence cases. The judgment highlights that assault, battery, and wrongful confinement within a domestic setting can justify not only general damages but also aggravated and exemplary damages.
1. The Case: A Family Dispute Turned Violent
The plaintiff, AmirAriff bin Amerudin, visited his ex-wife’s family home in Bandar Sungai Buaya to collect his young child. What was meant to be a brief handover turned into a violent altercation involving multiple family members.
The court found that:
- The defendants, who were the ex-wife’s relatives, assaulted and confined the plaintiff.
- The plaintiff’s car was damaged during the confrontation.
- The incident occurred in front of his father, young son, and neighbours, adding public humiliation to physical harm.
The Sessions Court initially found the defendants liable for assault, battery, wrongful confinement, and trespass to property. The defendants appealed, but the High Court upheld the findings and dismissed the appeal with costs.
2. Legal Basis: Tortious Liability for Domestic Violence
Although domestic violence is often addressed under the Domestic Violence Act 1994, this case demonstrates that victims can also seek civil remedies under tort law — particularly:
- Assault: Threat or attempt to cause physical harm.
- Battery: Actual physical contact without consent.
- False imprisonment (wrongful confinement): Restricting someone’s movement without lawful reason.
- Trespass to property: Causing damage to another’s possessions.
These torts are actionable per se — meaning a victim does not need to prove special damage to succeed. The act itself gives rise to liability.
3. Damages Awarded by the Court
The High Court affirmed the following damages granted by the Sessions Court:
| Type of Damages | Amount (RM) | Purpose |
|---|---|---|
| General Damages | 30,000 | Compensation for pain, suffering, and humiliation |
| Aggravated Damages | 50,000 | For the cruelty, embarrassment, and trauma suffered in front of family and community |
| Exemplary Damages | 50,000 | To punish the defendants and deter similar conduct |
Total Damages: RM130,000 (including costs)
The court cited Archer v Brown [1985] QB 401 as authority for awarding aggravated and exemplary damages where the defendant’s conduct is oppressive, insulting, or malicious.
4. Why the Court Took a Firm Stance
The High Court quoted the Sessions Court’s findings:
“The family home should be the safest place for the plaintiff, yet he was assaulted there… The assault was done in front of his father, child, and neighbours. The conduct was humiliating and caused serious trauma.”
The judge further referenced Ahmad Azhar bin Othman’s case, stating:
“Domestic violence cannot be justified in any circumstance, and the court should ensure victims are compensated in a just and reasonable manner under section 10(1) of the Domestic Violence Act.”
This reinforces Malaysia’s judiciary’s zero-tolerance stance on domestic abuse, whether it occurs in marriages, between relatives, or in former relationships.
5. Understanding Damages in Domestic Violence Cases
(a) General Damages
Compensate victims for:
- Physical injuries
- Emotional distress
- Humiliation and loss of dignity
(b) Aggravated Damages
Awarded when the defendant’s conduct worsens the harm — such as insults, public humiliation, or repeated abuse.
(c) Exemplary (Punitive) Damages
Imposed to punish outrageous conduct and deter others. These are common in cases of domestic violence, sexual harassment, and abuse of power.
(d) Legal Costs
Courts often award legal costs to the successful plaintiff, ensuring the perpetrator bears the financial consequence of their wrongdoing.
6. The Intersection Between Domestic Violence Act and Tort Law
While the DVA 1994 provides protection orders and criminal sanctions, it does not directly compensate victims. Tort law fills that gap by enabling victims to seek financial redress through the civil courts.
Victims may simultaneously:
- Lodge a police report under the DVA,
- Apply for a Protection Order (PO) or Emergency Protection Order (EPO), and
- File a civil suit for damages due to assault, battery, and emotional harm.
7. Lessons from the Case
This judgment sends a clear message:
- Domestic abuse — even within extended families — attracts serious legal consequences.
- Victims have the right to claim damages beyond criminal proceedings.
- Courts recognise emotional trauma and humiliation as compensable injuries.
- Aggravated and exemplary damages serve as a deterrent to future abuse.
8. Taking Legal Action: How a Lawyer Can Help
Domestic violence cases require sensitivity, evidence gathering, and strategic presentation. A lawyer can assist by:
- Collecting medical and police reports;
- Preserving video or audio recordings (as in this case);
- Preparing claims for assault, battery, and false imprisonment;
- Seeking compensation through civil court action;
- Filing for protection orders under the DVA.
9. How We (JY Ko Advocates & Solicitors) Can Assist
At JY Ko Advocates & Solicitors, we understand the emotional and legal complexities surrounding domestic violence cases. Our firm has successfully represented clients in civil suits for assault, trespass, and negligence, as well as applications for injunctions and protection orders.
Our legal team provides:
- Confidential consultations for victims of domestic abuse;
- Comprehensive legal strategies combining both civil and criminal protection;
- Compassionate representation while ensuring maximum compensation for physical, emotional, and reputational harm.
We also handle related matters such as divorce, child custody, injunctions, and property disputes, ensuring holistic protection for clients.
📞 If you or someone you know has experienced domestic violence, contact JY Ko Advocates & Solicitors to understand your rights and explore your legal remedies.
Every victim deserves justice — and we are here to help you obtain it.
10. Frequently Asked Questions (FAQ)
Q1: Can I sue my spouse or ex-partner for assault in Malaysia?
Yes. Assault and battery are actionable civil wrongs. You can claim damages even if criminal charges are not filed.
Q2: How much compensation can I claim for domestic violence?
The court considers the severity, humiliation, and emotional trauma. As seen in AmirAriff, awards can exceed RM100,000 in combined damages.
Q3: Do I need proof of physical injury?
Not always. Assault can occur through threats or confinement — emotional distress and humiliation can also justify damages.
Q4: Can I claim damages while divorce proceedings are ongoing?
Yes. Tort claims for domestic violence can be pursued independently of matrimonial proceedings.
Q5: How can JY Ko Advocates & Solicitors assist?
We handle domestic violence claims with sensitivity and professionalism — guiding you from reporting to compensation and protection.
Conclusion
The case of AmirAriff bin Amerudin v Ram Talib bin Jani Mohammed & Ors stands as a powerful precedent affirming that domestic violence has serious legal and financial consequences. Beyond criminal liability, perpetrators can be ordered to pay substantial damages for the pain, trauma, and humiliation inflicted upon their victims.
At JY Ko Advocates & Solicitors, we are committed to ensuring that victims of domestic abuse receive the justice and compensation they deserve.
Contact JY Ko Advocates & Solicitors to make an appointment
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Disclaimer: The above proposition is subject to actual facts and circumstances and shall never be referred as the actual law without seeking legal advice. Consult us for more information!