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Up to Dh50,000 fine: New UAE domestic violence law to offer victims greater protection

Explained: Specific vulnerable groups, protection orders, and protocol for reporting crime

Published: Thu 10 Oct 2024, 7:06 PM

Updated: Mon 14 Oct 2024, 4:51 PM

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Image used for illustrative purposes.

Image used for illustrative purposes.

The UAE is imposing "harsher penalties" on domestic violence and other related offences, according to a new law published in the government's Official Gazette.

The new domestic violence law aims to offer greater protection to victims of various forms of abuse — including physical, psychological, sexual, and financial — while establishing a comprehensive framework for victim support.

Anyone who commits domestic violence shall be subject to imprisonment and/or a fine of up to Dh50,000, according to the Federal Decree-Law No 13 of 2024, issued on September 10.

Those who fail to report a case of abuse will be punishable by a fine of Dh5,000 to Dh10,000, the law added. The same penalty applies to those who file a false report concerning an incident of domestic violence.

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Stiffer penalties shall be imposed if the victim is a parent of the offender, an ascendant, over 60 years of age, a pregnant woman, a child, a person with a disability, or an incapacitated person. Committing domestic violence within one year of a previous offence shall also be considered an aggravating factor.

Elaborating on the importance of this law, Nikhat Sardar Khan, head of the corporate, DIFC Litigation, and Arbitration Department at Hilal & Associates Advocates & Legal Consultants, said, "Previous legal frameworks, such as Federal Decree-Law No. 10 of 2019, were insufficient in addressing the complexities and severity of domestic violence cases.

"By imposing stricter penalties and categorising specific vulnerable groups (such as the elderly, pregnant women, children, and persons with disabilities) as requiring heightened protection, the law closes critical gaps in the legal response to domestic violence ensuring that victims receive not only legal redress but also emotional and physical support."

Nikhat Sardar Khan

Nikhat Sardar Khan

As per the law, the victim may be placed under a protection order, which will be valid for a maximum of 30 days and may be extended for two additional periods of equal duration, the law said.

Praising the new law, Samara Iqbal, divorce and family lawyer, said: "The new law reflects the growing seriousness with which the nation is addressing domestic violence and family protection. This marks a significant step in enhancing legal protections for victims and creating a more robust framework for both prevention and intervention."

Samara, a founding partner of Aramas International Lawyers, added, "An important feature of the law is the focus on victim protection and support. Not only does it criminalise domestic violence, but it also introduces essential legal measures that empower victims to come forward and seek justice."

Samara Iqbal

Samara Iqbal

Other penalties

Anyone who violates a protection order under this law will face imprisonment and/or a fine between Dh5,000 and Dh10,000. If the violation of the protection order involves violence or coercion against a protected individual, the penalty will be a minimum of six months' imprisonment and/or a fine ranging from Dh10,000 to Dh100,000 or either of these penalties.

Any individual disclosing confidential information related to a domestic violence incident, obtained through their work, or revealing the identity of the victim, will face imprisonment and/or a fine of at least Dh20,000.

If anyone forces or threatens a victim of domestic violence to withdraw their complaint, he/she will be subject to imprisonment and/or a fine ranging from Dh10,000 to Dh50,000.

The new measures require that reconciliation between parties can only proceed with the victim's full consent and approval from prosecutors, ensuring that safety remains the top priority.

Protection order explained

The law outlines the legal measures and procedures that courts can take to protect victims of abuse.

The court may issue a protection order if it identifies domestic violence during a criminal case. This order can last for up to six months while the case is ongoing. If necessary, the court can extend the order for up to 12 months after the final judgement, based on a request from the Public Prosecution or the victim.

The protection order includes measures such as prohibiting the perpetrator from contacting the victim. The public prosecution or a court may include one or more of the following measures:

  • Prohibition against any form of contact with the victim
  • Prohibition from approaching locations designated for the protection of the victim or any other location, including the victim’s residence or workplace
  • Placement of the victim, with their consent, in a shelter, the residence of a relative, or any safe place
  • An order for the perpetrator to provide financial support for the victim, including covering medical expenses incurred as a result of the domestic violence
  • Prohibition against actions that may harm the victim's interests, including their property and personal belongings
  • An order for the perpetrator to attend social or psychological counselling sessions
  • Implementation of any other measures deemed necessary by the authorities

"By integrating both protective measures and rehabilitation options, the law seeks to create a safer environment for families while encouraging long-term solutions to domestic violence," Samara said. "This comprehensive approach acknowledges the complexity of domestic violence cases and the need for tailored interventions.

"This is a great advancement within the UAE to assist victims of domestic abuse. With the country strengthening laws for stricter penalties against offenders, I believe this will have a great impact on the families living here and provide stronger assurance for victims."

Law on reporting violence

Victims have the right to report any incident of domestic violence. Anyone who becomes aware of such an incident — whether a family member, healthcare provider, educator, social worker, psychologist, sports service provider, or any community member — must promptly report it. The identity of individuals reporting domestic violence incidents will not be disclosed unless required for judicial proceedings.

Incidents involving physical or sexual violence must be reported directly to the police, who will take the necessary legal measures.

Handling domestic violence report

After receiving a domestic violence report, the ministry, competent authority, and social support centre must record the report, its nature, and details of the incident.

The authority must implement protective measures for the victim, such as placement in a shelter or with a relative, if necessary.

They must collect statements from all parties and witnesses in a confidential and supportive environment, documented accurately through writing, audio, or visual means.

The authority must refer the victim to a healthcare facility, if required, for a medical report on their condition and prepare a comprehensive incident report. They must forward the report to the Public Prosecution with recommendations for criminal proceedings or reconciliation.

Comparison of old and new law

Nikhat Sardar Khan provided an analysis of the new law compared to the previous one, as given below.

The new law imposes more severe punishments for domestic violence offenders, with a fine not exceeding Dh50,000 and imprisonment for domestic violence crimes. The previous law provided penalties but did not detail them as comprehensively or with as much severity.

The 2024 law specifically introduces aggravating circumstances that can result in harsher penalties, particularly for vulnerable groups. These include cases where the victim is a parent, an elderly person (over the age of 60), a pregnant woman, a child, a person with disabilities, or an incapacitated person. Moreover, repeat offences within a year will also be considered aggravating factors.

The introduction of shelters and protective orders was present in the previous law but is now more detailed. The 2024 law provides clear procedures for the issuance of protective orders, including prohibitions on contact with the victim, and mandates the provision of financial support for the victim where necessary.

Additionally, rehabilitation courses for offenders are now a compulsory measure. The 2024 law provides for the establishment of special judicial circuits dedicated to handling domestic violence cases on a summary basis . This is a new feature aimed at expediting justice under summary cases in such sensitive cases.

The 2024 law has clarified and expanded the definition of domestic violence to include not only physical and psychological abuse but also sexual and financial exploitation, ensuring broader protection for victims.

The 2024 law mandates the establishment of an electronic register to record all domestic violence cases, promoting better data integration and information sharing among authorities for more effective enforcement.

In summary, Federal Decree-Law No. 13 of 2024 enhances the legal framework by imposing harsher penalties, providing clearer definitions, and introducing additional protective and rehabilitative measures addressing past gaps.

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