Injunction

Court protection to prevent harm, interference, or misconduct

In family disputes, there are situations where urgent court intervention is required to prevent harm, protect rights, or preserve the status quo.
An injunction is a court order restraining a party from doing specific acts.

Legal Basis for Injunction

For non-Muslims in Malaysia, the court’s power to grant injunctions in matrimonial matters is provided under:

Section 102 of the Law Reform (Marriage and Divorce) Act 1976

This provision empowers the court to grant injunctions where it is just and necessary to do so in connection with matrimonial proceedings.

When Is an Injunction Appropriate?

An injunction may be applied for in situations involving:

  • Threats, harassment, or interference

  • Risk of dissipation or disposal of matrimonial assets

  • Interference with custody, care, or access arrangements

  • Conduct that undermines ongoing matrimonial proceedings

Each application is assessed based on urgency, evidence, and necessity.

What Is an Injunction in Family Law

An injunction is a court order that restrains a party from:

  • Acting in a particular manner, or

  • Continuing conduct that may cause harm, interference, or injustice

In family disputes, injunctions are often sought to protect parties, children, or matrimonial assets.

Common Injunction Applications

Depending on the circumstances, the court may grant injunctions to:

  • Restrain harassment or molestation

  • Prevent disposal or transfer of assets

  • Preserve the status quo pending court determination

  • Protect children or vulnerable parties

The scope of an injunction depends on the facts of the case.

Where urgent protection or restraint is required, early legal advice is critical.

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