Unfortunately, cases of domestic violence and abuse are on the increase. Surprisingly, many victims continue to endure domestic abuse and cases remain unreported perhaps due to the fear of social norms and customs being broken or the fear of the victim being identified and what appeared to be a peaceful family unit coming to public attention.
As families or individuals confront the complexities of strained relationships and seek resolution, beneath this somber narrative also lies a distressing truth: the prevalence of domestic abuse. For those facing such challenges, understanding UAE family law can be empowering, as it provides avenues for protection and support. You do not need to suffer in silence or be afraid.
Federal Decree-Law No. 13 of 2024 on Protection Against Domestic Violence
Scope of the Law
Federal Decree-Law No. 13 of 2024 on Protection Against Domestic Violence, addresses various forms of abuse including physical, psychological, sexual, and financial harm. The law assists in raising awareness of this veiled aspect which exists in our society. The Law aims to protect those facing any form of domestic abuse and provide the necessary legal protection.
Definition of a Victim
A Victim is defined as any family member who is subjected to domestic violence pursuant to provisions of this Law and includes:
- Husband, wife and children.
- The spouse of the mother or the spouse(s) of the father.
- Children of one spouse from another marriage.
- Relatives by blood or marriage up to the fourth degree.
- Those linked by guardianship, custody, or legal authority.
- A child covered by the custody of a foster family in accordance with applicable legislation.
Reporting Domestic Abuse in The UAE
Rights of the Victim and Witnesses
Under Article 5, the victim has the right to report an incident of domestic violence. Further, anyone who becomes aware of an incident of domestic violence, whether a family member or any provider of health, education, social, psychological, or sports services, by virtue of their work or profession, or any other members of the community, must promptly report the incident.
Filing a Report
Victims or anyone with knowledge of the abuse should report the matter to the Police especially where the act of violence constitutes physical or sexual violence. The identity of those reporting incidents of domestic violence may not be disclosed unless required by judicial procedures.
Actions Taken by Authorities
Once a report is filed, the competent authority or the Social Support Centre shall promptly record the report in the register to include the name of the reporter/entity, the subject of the report, and the details of the domestic violence incident. They will then take the necessary measures to protect the victim, including placing the victim in a shelter or with a relative if required. They also have the duty to listen to the parties / any witnesses, including children, and to ensure that privacy and confidentiality are maintained at all times. If required, the victim can be referred to a healthcare facility who are under a duty to prepare a medical report on the case. Where a case involves a child, the authority will engage a child protection specialist to conduct an investigation.
Restraining Orders for Domestic Violence
Provision for a Restraining Order
Under Article 8, the law provides a provision which allows the Public Prosecution to issue a Restraining Order based on any reports or at the request of the victim. The duration of the Restraining Order shall not exceed 30 days but may be extended for two similar periods, upon request.
Terms of a Restraining Order
The Restraining Order can include any of the following:
- Prohibiting the offender from contacting the victim by any means.
- Prohibiting the offender from approaching designated places including the victim’s residence and workplace, for the victim’s protection
- With the victim’s consent, referring her /him to a shelter or emergency shelter, a relative’s home, or any other safe place
- Obligating the offender to provide the necessary financial support for the victim and pay for medical expenses resulting from the committed domestic violence.
- Preventing any harm to the victim’s interests, including his/her property and personal belongings.
- Obligating the offender to attend social or psychological counseling sessions
- Any other measures deemed necessary to protect the victim.
Penalties for Domestic Violence
Article 21 outlines the penalty for Domestic Violence and states that perpetrators of Domestic Violence shall be punished by imprisonment and a fine not exceeding AED 50,000. In addition, the perpetrator shall be obligated to participate in rehabilitation courses in relation to Domestic Violence at specialist centers.
There are also penalties for non-compliance of reporting provisions and violation of a Restraining Order.
Support for Victims of Domestic Violence in the UAE
Government and Community Resources
With the introduction of the Federal Decree and the launch of the Family Protection Policy, the UAE progresses to protect the community from abuse and exploitation by other family members. Any abuse can be reported through the UAE’s Ministry of Community Development (MCD).
If you or anyone you know is facing domestic violence in the UAE, you can call any of the numbers listed below:
- Community Development Authority – Tel: 800988, Email: cpdept@cda.gov.ae
- Dubai Foundation for Women and Children Care – Tel: 8001111, Email: help@dfwwac.ae
- Al Ameen Service – Tel: 042097777 / 8004888, Email: alameen@emi.ae
- Child and Women Protection Department
- (General Department of Human Rights at Dubai Police) – Tel:042744666, Email: cwprotaction@dubaipolice.gov.ae
- Ministry of Community Development – Tel: 800623, Email: cpu@ece.gov.ae
- Ministry of Education – Child Protection Unit – Tel: 80085, Email: cpu@ece.gov.ae
- Emirates Foundation for School Education – Tel: 80085, Email: cpu@ece.gov.ae
For further advice in relation to domestic violence or any family matter, please contact our family lawyer at family@jamesberrylaw.ae or Dee Popat at dee@jamesberrylaw.ae
Head of Family Law / Senior Consultant