Domestic violence is not merely a private family dispute. It is a serious legal and social issue that can affect the physical safety, mental well-being, dignity, and fundamental rights of individuals. In UAE, the law recognises the importance of protecting family members from violence, abuse, intimidation, and other forms of harmful conduct within the family.
Victims of domestic violence have access to legal remedies, including filing criminal complaints, seeking protection orders, and approaching the competent courts for appropriate relief. These protections are particularly important for women, children, elderly persons, and other vulnerable family members.
What Constitutes Domestic Violence under UAE Law?
The primary legislation governing domestic violence is Federal Decree-Law No. 13 of 2024 on the Protection Against Domestic Violence, which replaced the earlier Federal Decree-Law No. 10 of 2019.
The law recognises that domestic violence is not limited to physical assault. It may involve various forms of abusive behaviour by one family member against another, including psychological, sexual, and economic abuse.
UAE’s Family Protection Policy identifies six forms of domestic violence:
- Physical abuse: Beating, pushing, assaulting, or causing bodily injury.
- Psychological abuse: Threats, intimidation, humiliation, and conduct causing psychological harm.
- Verbal abuse: Repeated insults, degrading language, and threatening expressions.
- Sexual abuse: Sexual violence or other unlawful sexual conduct.
- Economic abuse: Financial control or deprivation that amounts to abuse.
- Neglect: Failure to provide necessary care or protection in circumstances amounting to unlawful neglect.
Legal Protection Available to Victims
One of the most significant features of UAE’s domestic violence legislation is the availability of restraining orders. Under Articles 8 to 11 of Federal Decree-Law No. 13 of 2024, the Public Prosecution and competent courts have authority to issue restraining orders to protect victims from further abuse.
Depending on the circumstances, a restraining order may prohibit the alleged offender from contacting the victim, approaching the victim’s residence or workplace, or engaging in conduct that threatens the victim’s safety.
The order may also require the offender to provide necessary financial support, pay medical expenses arising from domestic violence, or attend counselling sessions. Victims may be referred to shelters or other safe accommodation with their consent.
A restraining order issued by the Public Prosecution may initially remain effective for up to 30 days, with two possible extensions of similar duration. Further protection may be granted by the competent court in accordance with the law.
How Can a Victim Report Domestic Violence?
A victim of domestic violence may report the incident to the police, competent authorities, or designated social support centres. Under Article 5 of Federal Decree-Law No. 13 of 2024, reporting is not restricted to victims alone. Other persons who become aware of domestic violence, including certain professionals, are also required to report such incidents.
Upon receiving a complaint, the competent authorities may record statements, arrange medical examinations, assess the victim’s safety, provide necessary protection, and refer the matter to the Public Prosecution. Medical reports, photographs of injuries, relevant messages, witness statements, and other lawfully obtained evidence may be important in establishing the circumstances of the alleged abuse.
The law also contains provisions intended to protect the confidentiality of victims and persons reporting domestic violence.
Criminal Consequences of Domestic Violence
Domestic violence may result in criminal prosecution under UAE law.
Article 21 of Federal Decree-Law No. 13 of 2024 provides for imprisonment and a fine not exceeding AED 50,000, or either penalty, for the domestic violence offence specified in the law.
The law also recognises aggravating circumstances, including where the victim is a child, a pregnant woman, an elderly person, a person with disabilities, or another specifically protected person.
Violation of a restraining order constitutes a separate offence. Under Article 23, such violations may result in imprisonment, fines, or both, with increased penalties where violence or coercion is involved.
Can Domestic Violence Be a Ground for Divorce?
Domestic violence may also have significant consequences under UAE family law. Where a spouse is subjected to physical or psychological harm, the affected spouse may be entitled to seek judicial divorce or separation, subject to the applicable personal status legislation and the facts of the case.
Domestic violence allegations may also be relevant when courts consider child custody, parental responsibilities, visitation arrangements, and maintenance.
Conclusion
Federal Decree-Law No. 13 of 2024 is an important development in strengthening family protection by providing for restraining orders, criminal penalties, reporting procedures, and support services.
Victims should understand that they are not required to endure violence merely because the offender is a spouse or another family member. The law provides avenues to seek protection and appropriate remedies. Awareness of these legal rights is essential to ensuring that victims can obtain timely protection and that domestic violence is addressed through lawful and effective measures.
At Ayesha Aldhaheri Advocates & Legal Consultants, we assist clients across UAE in matters involving domestic violence. Our team provides strategic legal guidance to expatriates, helping them understand the applicable laws, protect their rights, and pursue appropriate legal remedies.