Tim Elliott
Welcome to Lawgical, the first regular podcast navigating the legal processes that shape the UAE. I’m Tim Elliott, and as ever, I’m with Ludmila Yamalova. Ludmila is the managing partner of the Dubai-based legal firm Yamalova & Plewka. Always good to see you.
Ludmila Yamalova
Great to see you too, Tim, and welcome back to the studio. It’s lovely to see you in real flesh and blood.
Tim Elliott
It’s good to be here. I have to say I’m liking the new lighting. In this episode, it’s a subject that resonates deeply with many. It’s the new domestic abuse law, Ludmila. Federal Law Number 13 of this year, 2024. The legislation replaces the previous 2019 law, enhancing protections for victims and imposing stricter penalties for offenders.
So let’s start—what does the new law basically encompass?
Ludmila Yamalova
Well, as you rightfully said, this new law, which was just passed a few months ago—Federal Law Number 13 of 2024—replaces the not-so-old domestic abuse law from 2019. If you recall, you and I actually did a podcast on that very law a few years back. At the time, that law was revolutionary in its scope, breadth, and application.
That was one of the main reasons we featured it the way we did back then. Even that version of the law was forward-looking and progressive in terms of the definition of domestic abuse and who within the domestic family would be subject to its protection.
It’s interesting now, with this new law, that it doesn’t just amend or build upon certain provisions of the old law but replaces it altogether. This new 2024 law completely cancels the 2019 law, which we already thought was progressive at the time.
That’s important to highlight—this new law is very progressive and forward-looking, but the UAE already had a solid foundation. From a legislative standpoint, the 2019 law provided a fairly strong framework for defining domestic abuse and protecting victims. It’s not as though we’re introducing or amending a law from 20 or 30 years ago—it’s a fairly recent law from just five years ago.
So, I imagine the motivation behind this new law comes from a growing societal understanding of the importance of the issue, and the realization that the law could be bolstered further to protect victims. There’s also a notable focus on rehabilitating offenders because they are still part of society. What do you do? Lock them up and forget about them, or develop measures to help them reintegrate?
Ultimately, that’s one of the notable differences between the previous and current versions of the law. There are more measures for the rehabilitation of offenders.
Ludmila Yamalova
Some of the other differences, at a high level, include the fines. The fines themselves have been increased substantially. In some cases, they’ve been raised tenfold. This is a significant increase.
Certain types of abuse now lead not only to higher fines but also to longer jail sentences. For example, violations of restraining orders carry stricter penalties. Let me give you an example. Under the old law, fines ranged from AED 1,000 to AED 10,000, and imprisonment could be up to three months. Under the new law, fines range from AED 10,000 to AED 50,000, and imprisonment can now be up to six months. Essentially, the fines have increased tenfold, and the jail sentences have doubled.
Another major change is the introduction of obligations for witnesses. Under the previous law, there was no specific penalty for failing to report domestic abuse if you witnessed it. The new law introduces a fine of up to AED 50,000, and in some cases, even imprisonment for witnesses who fail to report abuse.
There are also stronger provisions for emergency protection orders. Victims can now apply for what’s called an emergency protection order, similar to an injunctive order but processed on an urgent basis. While the previous law referenced protective measures, it wasn’t as detailed or specific. The current law has significantly bolstered these measures, providing victims with better and faster protection.
When it comes to the definition of domestic abuse, the categories remain largely the same, mirroring the previous law. They include physical abuse, economic abuse, psychological abuse, and mental abuse. While the core definitions haven’t changed, the new law bolsters certain categories, particularly in terms of psychological abuse, and expands their scope.
The support services framework has also been enhanced. The 2019 law had basic references to shelters and assistance services for victims. The 2024 law significantly improves upon this, introducing a more robust framework for victims to access shelters, counseling, and comprehensive support.
Regarding confidentiality, the previous law had general references to the importance of protecting victims’ privacy. The new law introduces much stronger confidentiality measures to protect victims’ details and reduce the risk of retaliation.
Finally, as I mentioned earlier, a key difference lies in the rehabilitation of offenders. The 2019 law primarily focused on punishment. In contrast, the 2024 law balances punishment with rehabilitative measures. It aims to help offenders learn from their mistakes, change their mindset, and reintegrate into society in a more cohesive manner.
Tim Elliott
I’m interested in the law from the standpoint of the victim. How does the new legislation impact people affected by domestic violence?
Ludmila Yamalova
That’s a critical question, Tim. One of the changes we’ve observed is that the law has been redrafted to focus more specifically on protecting victims.
For example, the new law expands the definition of domestic abuse to include broader categories. Financial or economic abuse is now explicitly included. For instance, if a family member deprives another of access to money, it constitutes domestic abuse. Let’s use the common example of a husband and wife. If a husband denies his wife access to money, even if she technically has the freedom to leave the house, she may be unable to do so without financial resources—especially in remote areas.
The law is also more specific about psychological abuse, which can include bullying or mental manipulation. This can occur not only between spouses but also among elderly family members. For example, grandparents or aging parents may be denied the ability to socialize, communicate with others, or leave the house, not because they’re physically restrained, but because they lack money, transportation, or face psychological pressure.
All these scenarios are now explicitly categorized as domestic abuse under the new law, entitling victims to protection.
Victims also have access to new legal tools, such as the emergency protection order I mentioned earlier. This allows victims to secure immediate protection from their abusers while the case proceeds through the courts. This is particularly significant because many victims fear immediate retaliation or harm if they report abuse. The emergency protection order provides a legal mechanism to ensure their safety during this critical period.
Additionally, victims now have access to improved shelters, counseling services, and medical assistance. These services are more defined and coordinated under the new law, providing victims with a clearer and more supportive pathway to protection and justice.
Finally, the emphasis on confidentiality ensures that victims’ details are protected, reducing the risk of retaliation and creating a safer environment for reporting abuse.
Tim Elliott
I imagine that, unfortunately, some people listening to this might be trying to understand what they can do about abuse. How can they report it? Where do they go? What numbers should they call?
Ludmila Yamalova
That’s a vital point, Tim. The resources available depend somewhat on who the victims are—whether they’re women, children, elderly, or even men.
For women and children, there’s the Dubai Foundation for Women and Children (DFWAC). It has a helpline—800-111—and a website that provides immediate support, safety, and assistance services. They also have facilities to shelter victims.
For emergencies, victims can always call the Dubai Police on 999. For non-emergencies, the number is 901. Victims can also report crimes via the police website or mobile apps. The digital transformation in UAE government services has made it much easier to report crimes remotely, which is particularly helpful in cases of domestic abuse where victims may not be able to leave their homes.
The Dubai Police app, for example, allows victims to upload evidence, such as photos or audio recordings of abuse. It’s a powerful tool for those unable to report crimes in person.
In addition to the police, the Community Development Authority (CDA) also plays a role. They have their own hotline and services. Many police stations now have representatives from the CDA or work closely with them to ensure victims can report abuse in one place without having to visit multiple agencies.
There’s also the Al-Ameen service, which provides a secure and confidential platform for reporting social and security issues. Victims can contact them through their hotline, email, or online platform.
We’ll publish a list of these resources along with this podcast to make it easier for anyone seeking help.
Tim Elliott
When it comes to the old law and the new law, what stands out for you? What significantly separates them in your view, Ludmila?
Ludmila Yamalova
Several key elements stand out.
First, the penalties. The increase in penalties under the new law is a huge difference and shouldn’t be understated. While penalties might seem secondary to the emotional and physical toll of domestic abuse, monetary fines are an effective punitive and deterrent measure.
For instance, under the previous law, fines ranged from AED 1,000 to AED 10,000, depending on the offense. Now, those fines range from AED 10,000 to AED 50,000. For repeat offenses, they can go even higher. Let’s break it down:
- Physical abuse: Previously, fines were capped at AED 5,000. Now, they go up to AED 50,000.
- Psychological abuse: The same increase applies, with fines rising from AED 5,000 to AED 50,000.
- Sexual abuse: Previously capped at AED 5,000, now up to AED 50,000.
- Violating restraining orders: Previously, fines ranged from AED 1,000 to AED 10,000. Now, they’ve increased tenfold, ranging from AED 10,000 to AED 50,000.
Another new provision involves penalties for failing to report domestic abuse. Under the old law, there wasn’t a specific penalty for inaction. The new law imposes fines of AED 10,000 to AED 50,000 on witnesses who fail to report abuse. Essentially, the law penalizes inaction, which is a significant shift in legal responsibility.
The second major difference is the enhanced coordination for victim support. The new law mandates stronger collaboration between law enforcement, social services, and healthcare providers to ensure victims receive comprehensive assistance. While the legal framework is robust, its practical implementation may take some time to fully materialize.
Lastly, the focus on rehabilitation is another standout feature. Beyond punitive measures, the law addresses the rehabilitation of offenders, whether through psychological counseling, substance abuse treatment, or cultural education. Over time, we may see more facilities and programs designed to address these societal issues, reducing repeat offenses.
Tim Elliott
To what extent are domestic workers protected under this law? I understand they fall under its umbrella, but are there specific provisions for them?
Ludmila Yamalova
This is an important and somewhat debated question, Tim. Some legal practitioners initially didn’t interpret the law as encompassing domestic workers, but our perspective is different.
To us, the law’s intent and scope are clear—it’s designed to protect anyone under the control or guardianship of a household. In the UAE, domestic workers live with the families they serve. They share the same household, eat the same food, and care for children or elderly family members. From a legal and practical standpoint, they are part of the household.
Moreover, domestic workers are entirely dependent on their employers. Their residency visas are tied to the family, and they don’t have independent homes or means to leave without their employer’s permission. This dynamic places them under the legal definition of “control or guardianship.”
For instance, if a domestic worker is denied food, how can they report it? They can’t simply leave the house to buy food, as they’re dependent on the family. Situations like this clearly fall under the provisions of the domestic abuse law.
Additionally, if a domestic worker commits an offense, such as abuse against a child or elderly person in the household, they would also fall under the law’s jurisdiction. The law recognizes the interconnected family dynamic that includes domestic workers, making them both protected parties and responsible individuals under the law.
In summary, the law provides clear protection for domestic workers, ensuring they are safeguarded from abuse and neglect while also holding them accountable if they commit offenses.
Tim Elliott
Well, I think that covers everything comprehensively. Any final takeaways for anyone watching or listening?
Ludmila Yamalova
Certainly. This law is a great example of how the UAE’s legislative framework continues to evolve and progress.
As we discussed earlier, the 2019 domestic abuse law was already robust and forward-thinking. The fact that, within just five years, legislators felt the need to not only amend it but entirely replace it with a more comprehensive version speaks volumes about the UAE’s commitment to societal welfare.
Five years is not a long time in legislative terms. The government’s ability to monitor the effectiveness of laws and promptly make adjustments highlights its proactive approach. It’s an exciting time to be in the UAE as we witness the rapid development of legal frameworks designed to protect individuals and society at large.
Additionally, this law demonstrates the UAE’s desire to align itself with international best practices while tailoring solutions to its unique cultural context. For victims of domestic abuse, the 2024 law provides enhanced protections, greater confidentiality, and a more supportive pathway to justice. For offenders, it introduces rehabilitative measures to address the root causes of their behavior.
Tim Elliott
It doesn’t feel like five years since we discussed the 2019 law on this very podcast. That’s another Lawgical, this time on Domestic Abuse in the UAE: The New Law 2024.
Thank you for listening or watching—if you’re with us on YouTube in particular. Thanks, as always, to our legal expert, Ludmila Yamalova, managing partner here at Yamalova & Plewka. Ludmila, we appreciate your time.
Ludmila Yamalova
Tim, always a pleasure to chat with you. Thank you.
Tim Elliott
You can find us across social media—Instagram, TikTok, LinkedIn—and wherever you find your podcasts. Visit our website at lylawyers.com. If you’d like a legal question answered in a future episode of Lawgical, or if you need help from a qualified UAE legal professional, just go to lylawyers.com and click Contact.
