"The Interim Protection Order is important for the safety and well-being of the child pending the conclusion of police investigations"
In an unprecedented occasion, Idza Hajar Ahmad Idzam, Nan Muhammad Ridhwan Rosnan, Muhammad Hibri Nazim and Aiesyah Mohd Mustafa Kamal from Zul Rafique & Partners' Litigation Practice Group representing an Applicant (in their personal capacity and in the capacity of a parent and guardian ad litem to an underage child ("child") successfully obtained an Interim Protection Order for the child in an alleged domestic violence case against the other parent ("alleged abuser").
The Court in delivering its decision in allowing the Applicant's application for the Interim Protection Order agreed that the Interim Protection Order is important for the safety and well-being of the child pending the conclusion of police investigations contained in a police report made against the alleged abuser for an alleged domestic violence case.
THE BRIEF FACTS OF THE CASE ARE AS FOLLOWS:
The Applicant filed an application for an Interim Protection Order, for among others, an order to prohibit or restrain the alleged abuser from going near the child at a distance of at least one hundred metres.
The Applicant was married to the alleged abuser and shared a son. The marriage between the Applicant and the alleged abuser ended around 2020. Sometime in 2022, bruises and wounds were visible on the child's body after coming back from the alleged abuser's house ("incident").
A medical report by a paediatrician concluded that the child had been hit and that his limbs had been grabbed and pinched by the alleged abuser and accordingly a police report was made in relation to the incident.
Accordingly, the Applicant through solicitors filed an
application for an Interim Protection Order pending the police
investigation of the incident. The Applicant's counsels
submitted that
the Applicant has fulfilled the pre-requisites for the granting of
an Interim Protection Order.
Having heard the Applicant's submission, the Court allowed the Applicant's application and granted an Interim Protection Order against the alleged abuser in respect of the child.
Court Grants Interim Protection Order For Child In An Alleged Domestic Violence Case
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