Breaking The Cycle: New Domestic Violence Law Paves Way for Safer Communities

The Law does not limit domestic violence to violence between spouses. The definition of family in the law encompasses a broader range of potential victims, including husbands, wives, children, step parents, step children, foster children, consanguineal kin or affinal kin up to the fourth degree and individuals related by guardianship, custodianship, or legal authority.

DOMESTIC VIOLENCE

Domestic violence is defined under Article 4 of the Law, as any act, omission, verbal abuse, threat thereof, or neglect, including sexual or economic exploitation, that is committed by one or more family members against another. This encompasses actions that exceed their custodianship, guardianship, authority, or responsibility and are intended to cause or result in physical, psychological, sexual, or economic damage to the victim. A perpetrator of domestic violence is punishable with imprisonment and a fine up to AED 50,000. The court may also require them to participate in rehabilitation courses against violence.

If a perpetrator of domestic violence repeats the crime within one year of the previous act, or if the victim of the crime is a parent, ascendant of the perpetrator, a senior citizen, a pregnant woman, a child or a physically disabled individual, it shall be considered an aggravating circumstance.

REPORTING DOMESTIC VIOLENCE

As per Article 5, reporting domestic violence is now an obligation on anyone who becomes aware of it, especially individuals in the field of healthcare, education and related services. The identity of the reporter will not be disclosed unless required by a court of law. If an individual is found to have not reported an incident, or if there has been a false report with malicious intent, a fine between AED 5,000 and AED 10,000 may be imposed on the offending party. Disclosing confidential information about domestic violence case will be penalized with imprisonment and/or with a fine of up to AED 20,000. 

Incidents of domestic violence are to be reported to social support centers or other competent authorities, unless it involves physical or sexual violence, in which case, it must be immediately reported to the police. If a victim is forced to withdraw a complaint under threat, the offender will be punishable with imprisonment and/or with a fine between AED 10,000 and AED 50,000.

RESTRAINING ORDERS

As per article 8 of the Law, the UAE public prosecution may, on its own accord, or at the request of a competent authority or the victim themselves, issue a restraining order on a person, towards the protection of the victim. Restraining orders are imposed for a maximum period of 30 days, which can be renewed twice. On expiry of this period, a competent court can extend the order for a maximum of 6 months.

CONDITIONS TO A RESTRAINING ORDER

Article 9 lists out various conditions that can be a part of the restraining order imposed by the public prosecutor or a competent court. Both the offender and the victim will be notified of the restraining order and the conditions in it. The conditions may include the following:

a)       The offender may be prohibited from contacting the victim in any way.

b)     The offender may be prohibited from visiting designated places, like the victim’s home or workplace.

c)      The victim may be referred to a shelter.

d)     The offender may be required to provide financial support to the victim, towards medical expenses resulting from acts of domestic violence.

e)     The offender may be prevented from causing any harm to the victim’s property or personal belongings.

f)       The offender may be required to attend counselling sessions.

g)      Any other measures for the protection of the victim and family.

RECONCILIATION BETWEEN PARTIES

According to article 13 of the Law, family reconciliation will be offered to the victim and the offender within 14 days of a domestic violence case, unless the case involves a felony. If the victim is a child, the presence of a social worker and a child protection specialist will be present during the reconciliation process. Under Article 14, the Law also provides for penal reconciliation between parties involved in a domestic violence case, involving dialogue and discussion between the parties. It may lead to the expiration of the criminal case, or a stay of the judgement issues. Reconciliation procedures will be undertaken only on express agreement by both parties. These procedures facilitate the preservation of familial bonds and help the victims in coping with the incident.

ENGAGEMENT OF CHILD PROTECTION SPECIALISTS

Article 7 states that a child protection specialist will be engaged during investigations and trials involving domestic violence victims who are children.

SHELTERS

Another notable aspect of the new Law is the receipt of the victims of domestic violence into shelters to ensure that they are removed from any further harm. Subsequently, these shelters will record the details of the incidents and provide care and the appropriate counselling to the victim, in addition to legal support if required.

STEPS TO COMBAT DOMESTIC VIOLENCE

Articles 18 and 19 cover general steps to be taken by the UAE authorities to combat domestic violence and preserve the family entity. The government will take steps to raise awareness regarding the issue and methods of dealing with domestic violence on a community level. It will offer training to individuals dealing with cases of domestic violence. The government will also maintain an electronic registry recording details of domestic violence incidents, which will be shared with all the relevant authorities.

Domestic violence is a universal issue and combating it requires a multi-faceted solution involving sound laws, a good support system and widespread social awareness. Federal Decree-Law No. 13/2024 seeks to not only punish and penalize perpetrators of the crime but also looks for a long-term solution that reduces these incidents in the future.