Month: October 2024

The UAE’s fight against domestic violence has evolved over time, with the government passing Federal Law No. 13 of 2024 on Domestic Abuse (the “New Law“). First and foremost, this legislation superseded Federal Decree-Law No. 10 of 2019 and broadened the scope of definition for domestic abuse, coupled with further protection for victims.

From a victim’s standpoint, it is crucial to understand the protections available, the mechanisms in place for reporting abuse, and the support services that can be accessed. Below is an analysis of these protections and the steps a victim can take to report a case.

Protections of Victims Under the New Law
The New Law provides a number of layers to protect victims in order for them to come forward safely and find much-needed support. The protections include the following:

1. Broader Definition of Domestic Abuse
   The definition of domestic abuse can now include everything from physical abuse through psychological, sexual, and economic harm. This means coercive control, financial manipulation, or even emotional intimidation are abuses in their own right, against which protection can be sought.
2. Emergency Protection Orders (EPOs)
   The victim may now apply for what is termed an Emergency Protection Order, a court order granting the victim immediate protection. In essence, EPOs are meant to restrain the abuser from communicating with the victim, entering into the victim’s home, and harassing in whatever manner or communicating with the victim. An EPO can be issued in the absence of the abuser and is enforceable the very moment it is issued.
3. Restraining Orders and Long-Term Protection
   In addition to EPOs, victims can also seek long-term protection through restraining orders. These orders grant continued protection against the abuser for a longer period and afford a legal means of keeping the abuser at a distance.
4. Access to Shelters and Support Services
   Victims have the right to temporary shelter, counseling, and rehabilitation programs. Such services offer a haven for the victims to protect themselves and take necessary psychological and emotional counseling in overcoming the traumatic abuse.
5. Medical and Psychological Assistance
   Medical treatment and psychological counseling also form part of the protective measures for the victims. By law, healthcare facilities are charged with the provision of the necessary care for the victims and the reporting of suspected cases of abuse to the appropriate authorities.
6. Right to Confidentiality and Non-Retaliation
   The New Law has kept the victim’s identity and other details concerning the case private. It is also protective against the abuser’s retaliation, which, in other simpler words, signifies that any threatening behavior, harassment, or inflicting more harm on the victim for reporting the abuse will result in a more extended sentence given to the abuser.

Filing a Domestic Abuse Case: A Step-by-Step Approach for Victims
It is intimidating and overwhelming for the victims when it comes to reporting a domestic abuse case. The New Law has, however, provided a clearer route of reporting and supporting mechanism so that this process becomes easier and more accessible. Following is the step-by-step process of how the victim can report a case:

1. Call the Police or Emergency Services
   If the victim is at immediate risk or in danger of their life, it advises calling 999-the UAE police for emergencies-or reporting to the nearest police station. The police are trained to handle cases of domestic abuse and can provide protection on the spot, initiate an investigation, and refer the victim to shelters or medical attention.
2. File a Complaint with the Family Protection Department
   Victims can also directly approach the Family Protection Department at the police station. The Family Protection Department handles the cases of domestic abuse and issues EPO or restraining orders against the offender.
3. Seek Medical Care and Report Abuse
   If the victim has sustained injuries or needs any medical assistance, then they need to be treated at the hospital or clinic. Any hospital or clinic medical staff is bound to document any injuries compatible with domestic abuse. The physician’s documentation could be evidence in a case.
4. File for a Protection Order
   A victim may make an application for a Protection Order through the Family Protection Department or courts. Legal services are usually provided to support a victim in making such an application. Once granted, the Protection Order restricts the movement and contact of the abuser with the victim.
5. Contact Social Services or Victim Support Centers
   Presently, there are numerous bodies and facilities that provide services to the victims of domestic abuse in UAE. Some of them provide shelter facilities while others offer counseling facilities; a few even offer free legal services. The victim may go to such centers on their own or at the police’s recommendation.
6. Utilize Reporting Hotlines and Apps of the UAE
   The UAE has established several dedicated hotlines and mobile apps through which domestic abuse can be reported. Some of them are listed below:

• For Women and Children

• • EWAA Shelter for Women and Children on hotline 800 7283: Dedicated to supporting women who are victims of domestic violence.
  • Dubai Foundation for Women and Children (Dubai) on 800 111: Offers victims immediate protection and support services in accordance with international human rights obligations.
  • Hemaya Foundation for Children and Women (Ajman) on hotline 800himaya (800 446292): Providing care, shelter and rehabilitation programs for victims of domestic and community violence in all its forms.
  • Aman Centre for Women and Children through RAK Police on 07-2356666: Ensures shelter, protection and legal aid for victims of violence and trafficking in persons.
  • Protection Foundation for Women and Children (Ajman/Local) on 0508973223: Strives to provide the necessary assistance and psychological support to victims of violence, women and children.

• For Children

• • Child Protection Centre (Sharjah) on toll-free helpline number (Sharjah/ Local) on 800 700: For reports related to children exposed to risks and attacks of all kinds, such as physical, sexual, and emotional abuse, and neglect.
  • Child Protection Centre (Abu Dhabi/ Federal) on 116111: Can be used to report abuse against children, including domestic violence.

• For Families / General Support

• • Family Welfare Authority (Abu Dhabi/ Al Ain/ Local) on 8005354: Allows disputing parties to submit a request to the Social Support Centres to look into the problem and amicably reach a solution.

• Mobile Reporting Options

• • Police Eye App: Allows residents to report domestic violence cases discreetly through a mobile application.
  • DFW App: offers victims immediate protection and support services in accordance with international human rights obligations

7. Engage a Legal Representative
   A legal representative can be quite useful in guiding the victim through the legal process. Lawyers can assist the victim in filing their complaints, seeking Protection Orders, and even in court appearance.

Important Points to Note by Victims
Victims of domestic abuse in the UAE are now further protected legally. The New Law goes a long way in providing wider definitions of abuse, immediate and long-term protective measures, a robust infrastructure of support, and importantly, has eased the process of reporting abuse without retaliation or exposure.

Identifying these rights and protections can make all the difference for victims and their loved ones in their search for safety and justice. If you, or someone close to you, is a victim of domestic violence, we encourage the contacting of law enforcement, social services, or a legal professional if necessary to seek options for relief and protection.

The UAE has recently updated its domestic abuse laws with the introduction of Federal Law No. 13 of 2024, superseding the 2019 regulations. These changes reflect a broader scope of protection, incorporating newer forms of abuse and expanding support for vulnerable groups. Below is a detailed comparison highlighting the key differences between the 2019 and 2024 laws, shedding light on the evolution in legal frameworks surrounding domestic abuse in the UAE.

Feature	Federal Decree-Law No. 10 of 2019	Federal Law No. 13 of 2024
Title of the Law	Federal Decree-Law No. 10 of 2019 on the Protection Against Domestic Violence	Federal Law No. 13 of 2024 on Domestic Abuse
Scope and Definition of Domestic Abuse	Defined domestic abuse as physical, psychological, sexual, and economic harm caused by a family member to another.	Expanded the definitions with specific criteria for each type of abuse, including clearer distinctions between types of harm. Added protections for domestic workers.
Inclusion of Domestic Workers	No specific mention or inclusion of domestic workers under protection.	Explicitly includes domestic workers as protected individuals under the law.
Physical Abuse	Defined as any physical harm caused to the victim’s body, even without visible injury.	Retains the original definition but adds new criteria: repeated threats or gestures causing fear, confinement or restriction of movement, and acts resulting in physical or mental disability.
Psychological Abuse	Defined as any act or word causing emotional or psychological harm to the victim.	Expands definition to include coercive control, cyberbullying, and isolation tactics. Adds criteria for non-physical threats, harassment, and intimidation through electronic means.
Sexual Abuse	Covered non-consensual acts of a sexual nature, including harassment and exploitation.	Adds specific criteria: sexual coercion through threats, withholding resources in exchange for sexual acts, and digital exploitation (e.g., demanding explicit content).
Economic Abuse	Defined as depriving the victim of their financial resources or control over the use of their money.	Provides a more detailed breakdown: withholding salaries, using victim’s financial resources without consent, creating financial dependency, and incurring debt in the victim’s name.
Electronic Communication Restrictions	Did not include specific provisions on restricting electronic communication as a form of abuse or in protective orders.	Introduces new restrictions specifically for electronic communication. Protective orders can now include: <ul><li>Blocking electronic communication between the abuser and victim, including texts, emails, and social media messages.</li><li>Prohibiting the use of electronic devices to harass or intimidate the victim.</li><li>Restricting access to electronic information or data that may compromise the victim’s safety.</li></ul> Additionally, digital coercion, such as forcing the victim to share personal content or using threats via electronic means, is now classified under psychological and sexual abuse.
Protective Orders and Restrictions	Allowed for the issuance of restraining orders by the Public Prosecution, with a maximum duration of 6 months.	Adds new restrictions: prohibiting electronic communication, enforcing electronic monitoring for compliance, and introducing emergency protection orders for immediate relief.
Financial Penalties	Fines ranged from AED 1,000 to AED 10,000 for restraining order violations, and up to AED 5,000 for other forms of abuse.	Increased fines, ranging from AED 5,000 to AED 50,000. Violations of restraining orders can now incur fines up to AED 20,000. Expanded penalties for economic and psychological abuse.
Imprisonment	Imprisonment of up to 3 months for restraining order violations, and up to 6 months for domestic abuse offenses.	Imprisonment remains up to 6 months but includes double penalties for repeated offenses within one year. Applies imprisonment for severe economic or psychological abuse cases.
Focus on Rehabilitation	Limited focus on rehabilitative measures, mostly emphasizing punishment.	Strong emphasis on rehabilitation, including mandatory counseling, behavioral correction programs, and ongoing monitoring of rehabilitative progress.
Reporting and Victim Support	Victims could report incidents to authorities, and the Public Prosecution could issue protective orders.	Enhances victim support with clearer reporting mechanisms, coordination between agencies, and emergency shelter and counseling services.
Special Protections for Vulnerable Groups	General protections for children and family members but did not specifically address additional groups.	Expands protections to cover children, domestic workers, and vulnerable individuals. Includes specific protections for these groups and more detailed emergency response protocols.
Reconciliation Procedures	Public Prosecution could propose reconciliation before proceeding with action.	Maintains reconciliation procedures but places more restrictions on reconciliation in severe cases and limits reconciliation where children are involved.
Penalties for Repeat Offenses	Penalties could be doubled for repeated offenses but only in severe cases.	Doubles penalties for any repeat offense occurring within one year, regardless of severity. Introduces stricter enforcement for repeated violations of protective orders.
Implementation and Enforcement	Implemented through Public Prosecution and family protection centers.	Strengthened enforcement mechanisms with increased coordination among law enforcement, social services, and healthcare providers. Improved training and resource allocation for handling domestic abuse cases.
Relation to Previous Laws	Coexisted with other personal status and family protection laws, with limited interactions.	Repeals and supersedes conflicting provisions in the 2019 law, making it the primary legislation for domestic abuse cases moving forward.
Agencies and Authorities Involved	Involved the Public Prosecution, Family Protection Centers, and Police Authorities for enforcement and reporting.	Broader involvement of agencies: Public Prosecution, Family Protection Centers, Police Authorities, Social Services, and Healthcare Providers. Mandates closer coordination between these entities and introduces roles for Community Development Authorities to ensure holistic support for victims. Additionally, the Ministry of Human Resources and Emiratisation is included for cases involving domestic workers.

In conclusion, the evolution of the UAE Domestic Abuse Law reflects a commitment to enhancing the safety and rights of all individuals, with a focus on more inclusive and comprehensive protections for victims. If you or someone you know needs assistance navigating these changes, please contact our law firm for expert guidance and support.

The United Arab Emirates issued Federal Law No. 13 of 2024 regarding Domestic Abuse, herein referred to as the “New Law,” on October 2, 2024. Certain amendments had been made in the existing law, and more protection was given to victims of domestic abuse. The New Law was issued to complement and eventually replace Federal Decree-Law No. 10 of 2019, which had several omissions, due to narrowness, to fill in and give further protection to the vulnerable ones.

To this end, family and criminal lawyers seek to investigate these amendments, analyze the consequence, and provide a weightier understanding of how such amendments will impact citizens and families residing within the UAE. This article pulls together comments, views, and analyses previously provided to our readers to offer our clients a better, integrated view of the New Law and how it actually works in life.

Major Developments provided under Federal Law No. 13 of 2024

1. Wider definitions of abuse and new categories of protection
While the Old Law only listed different forms of domestic abuses such as physical, psychological, sexual, and economic abuses without giving substance to what each constitutes, this New Law has bridged the gaps by giving substantial and specific definitions to such forms as psychological and economic abuses, now standing clarified that any act which may affect the victim’s mental, emotional, or economic well-being falls within the purview of domestic abuse.

Also, the New Law brings domestic workers into the circle of protection as “family members” for purposes of the definition. It follows that domestic workers are now brought within the ambit of protection afforded by the law on domestic abuse as potential victims, and their maltreatment at home is made accessible to the very same legal scrutiny and protection afforded to familial abuse.

2. Enhanced Protection for Vulnerable Groups
The New Law has, however made special provisions regarding the protection of vulnerable groups-children, aged family members, and domestic servants. Such persons are those who may be in situations that may render them unable to help themselves. Explicit protection by the legal system should therefore accord to such persons.

It has empowered them through clear provisions of the channels they have to report the abuse and seek legal redress. This is contrasted with the Old Law, which had such provisions, but they were ambiguous and at the discretion of courts.

3. Establishment of Fully Fledged Support Systems
The New Law is peculiarly detailed on the mechanisms of victim support, including shelter provisions in cases of emergency, counseling, and rehabilitative programs for victims. It could be that such services may be accorded with the victims one way or another, though the simplified process is aimed at immediate and long-term support.

This is a holistic approach, taking into consideration not only the immediate physical or emotional damage of domestic abuse but also the long-term psychological trauma to which the victim is subjected. In the Old Law, such measures were by and large absent, and attention was paid more to penalizing the offender than to the recovery and reintegration of the victim into mainstream society.

4. Stricter Penalties for Perpetrators
While the fine has increased under the New Law from the previous range under the Old Law-from AED 1,000 to AED 10,000-to a new range of AED 5,000 to AED 50,000, violation of a restraining order attracts a fine of up to AED 20,000, as compared with the maximum prescribed of AED 5,000.

About imprisonment, the New Law also retained six months’ imprisonment for first-time offenders but for the first time brought in this uniquely new feature of doubling the sentence in case of recidivism within a year, regardless of the gravity of the second offense. This is indicative of a hardline stance taken towards career criminals, whereas under the Old Law, the penalties for second offenses were increased only according to the gravity of the second offence.

5. Compulsory Rehabilitation Programs
Also, the New Law encompasses that offenders must attend counseling and behavioral correction programs. This eschews pure punitive measures in favor of rehabilitative ones, underpinned by more enlightened understandings of the roots of domestic violence. The move also reflects an imperative realization that punitive action must be accompanied by rehabilitation; otherwise, repeat offenses would continue unabated.

This law places the New Law not only as a punitive tool but also as a vehicle of change for society in reducing incidences of domestic abuse through educative and behavioral reforms.

Why This Law Matters: A Perspective on the Region
Traditionally, the UAE has always been in the forefront of legal reforms which harmoniously blend traditional values with modern legal principles. Only Federal Law No. 13 of 2024 has shown that the UAE is really committed to providing a safe and enabling environment for all of its residents, whatever their status or background may be: being defined as persons of protection, domestic workers, psychological and economic abuse, and providing comprehensive supporting mechanisms-the understanding of the complexity of domestic abuse has been deepened.

This new legislation has raised the bar as far as laws on domestic abuse are concerned in this region. The law meets international threshold criteria on human rights and is likely to provide the model on which neighbor jurisdictions will base their reform processes in an effort to offer better protection to vulnerable individuals.

How This Law Affects You: Practical Implications
Should you or anybody close to you happen to be in a domestic abuse case, it is here or a situation like this where that will turn out to be very important to know how this New Law will protect and provide recourse. The New Law has provided for more clearly defined channels of reporting, better mechanisms for enforcement; hence, the sentences have become much harsher.

In so doing, our law firm guides and advises our clients through the maze of such a legal battle-from seeking protection orders to filing criminal charges against a perpetrator or even from special services, we provide the needed guidance and representation.

Conclusion
Federal Law No. 13 of 2024 on Domestic Abuse fills in the big comprehensive legislative lacuna that did exist, while introducing new and more robust mechanisms into this fight against domestic violence in all its forms. What is more significant, the quantum leap for the UAE in putting a high degree of importance on the protection of vulnerable people and assuring victims’ access to care and justice.

Please do not hesitate to contact us for a confidential consultation if you have any questions regarding how this new law may apply to your particular set of facts and circumstances or if you need legal representation in a domestic abuse case.