Legislation Details
- Full Title: Federal Decree-Law on the Protection Against Domestic Violence
- Law Type: Federal Decree-Law
- Law Number: [13] of 2024
- Issued Date: 10 Sep 2024
- Effective Date: 16 Sep 2024
- Official Gazette: No. 783
- Sector: Family and Community
- Status: Active
- Number of Articles: 61
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Decree-Law aims to protect families in the UAE from the dangers of domestic violence and preserve the integrity and social cohesion of the family. It provides legal protection for victims, evaluates harmful behaviors affecting the family, and enhances social awareness on domestic violence issues. The law defines domestic violence, establishes reporting mechanisms, and empowers authorities to issue restraining orders and impose penalties for non-compliance. It also outlines procedures for handling domestic violence cases, including family reconciliation and penal reconciliation where appropriate. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Arts. 1-2) The law is significant for businesses and individuals in the UAE, as it strengthens the legal framework for addressing domestic violence and ensures a safer environment for families. Employers, service providers, and community members now have a clear obligation to report domestic violence incidents, and violators face substantial penalties. The law also grants victims access to shelters and support services, promoting their protection and rehabilitation. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Arts. 3-6, 16-17)
What is the scope and purpose of this law?
The Federal Decree-Law on the Protection Against Domestic Violence aims to achieve the following objectives: 1. Protect the family from the dangers of domestic violence and preserve its integrity and social cohesion. 2. Provide the necessary legal protection for victims of domestic violence. 3. Evaluate harmful behaviors affecting the family and combat manifestations of domestic violence to create a safer environment. 4. Enhance social awareness among individuals regarding domestic violence issues and ways to address them. The law applies to the United Arab Emirates and defines "family" broadly to include individuals connected by kinship, marriage, or legal responsibility. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Arts. 2-3)
What are the key definitions under this law?
The Federal Decree-Law provides the following key definitions:
- State: United Arab Emirates (UAE)
- Ministry: Ministry of Community Development
- Minister: Minister of Community Development
- Competent Authority: The local authority concerned with community affairs
- Social Support Centre: A centre that receives reports about domestic violence at the Ministry of Interior, federal and local Police Headquarters
- Victim: A family member who is subject to domestic violence
- Shelter Centre: A centre dedicated for receiving, caring and qualifying victims of domestic violence
- Child Protection Specialist: A licensed person assigned by the competent authority to maintain child's rights and protect the child
- Restraining Order: An order issued by the Public Prosecution or the competent court
(Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 1)
What are the main obligations and requirements?
The Federal Decree-Law imposes the following key obligations: 1. The victim has the right to report an incident of domestic violence. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 5(1)) 2. Anyone who becomes aware of an incident of domestic violence, whether a family member or a service provider, must promptly report the incident. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 5(2)) 3. The Ministry, the competent authority, and the Social Support Centre must take prompt action upon receiving a domestic violence report, including recording the report, protecting the victim, and referring the case to the Public Prosecution. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 6) 4. The Ministry and the competent authority must provide effective channels and means of communication for receiving reports of domestic violence and inform the community about these channels. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 5(5)) 5. The Ministry or the competent authority must regularly follow up on the implementation of family reconciliation and protection measures in restraining orders. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Arts. 13(4), 11(3))
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements under this law.
What rights and protections does this law provide?
The Federal Decree-Law provides the following rights and protections: 1. The victim has the right to report an incident of domestic violence. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 5(1)) 2. The Public Prosecution or the competent court may issue a restraining order to prohibit the offender from contacting the victim, approaching designated places, or causing harm to the victim's interests. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 11) 3. The restraining order may also require the offender to provide financial support for the victim and pay for medical expenses resulting from the domestic violence. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 11(1)(d)) 4. The victim may be referred to a shelter, a kin's home, or any other safe place determined by the authorities. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 11(1)(c)) 5. The identity of those reporting incidents of domestic violence may not be disclosed unless required by judicial procedures. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 5(7))
Which authorities or bodies are responsible for enforcement?
The Federal Decree-Law establishes the following authorities and bodies responsible for enforcement: 1. The Ministry of Community Development is responsible for various tasks, including providing effective channels for reporting domestic violence, following up on family reconciliation and protection measures, and coordinating with the competent authority. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Arts. 5(5), 13(4), 11(3)) 2. The competent authority, which is the local authority concerned with community affairs, shares responsibilities with the Ministry in areas such as receiving reports, following up on protection measures, and coordinating with the Public Prosecution. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Arts. 5(3), 11(3), 13(4)) 3. The Public Prosecution has the authority to issue restraining orders and refer cases to the competent court. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Arts. 8, 9) 4. The competent court can issue restraining orders and extend them, as well as approve penal reconciliation in certain cases. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Arts. 10, 14) 5. The Social Support Centre, which is part of the Ministry of Interior and local Police Headquarters, receives reports of domestic violence incidents. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 5(3))
What are the penalties for non-compliance?
The Federal Decree-Law specifies the following penalties for non-compliance: 1. Penalty for the crime of domestic violence: Imprisonment for a period of not less than one year and not exceeding five years, and a fine of not less than AED 100,000 and not exceeding AED 500,000, or either of these two penalties. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 21) 2. Penalty for non-compliance with reporting provisions: Imprisonment for a period of not less than three months and not exceeding one year, or a fine of not less than AED 10,000 and not exceeding AED 50,000, or either of these two penalties. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 22) 3. Penalty for violating the restraining order: Imprisonment for a period of not less than six months and not exceeding two years, and a fine of not less than AED 50,000 and not exceeding AED 200,000, or either of these two penalties. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 23) 4. Penalty for disclosing data and information: Imprisonment for a period of not less than six months and not exceeding two years, and a fine of not less than AED 50,000 and not exceeding AED 200,000, or either of these two penalties. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 24) 5. Penalty for coercion to withdraw a report: Imprisonment for a period of not less than one year and not exceeding three years, and a fine of not less than AED 100,000 and not exceeding AED 300,000, or either of these two penalties. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 25)
What fees, charges, or financial provisions are specified?
The Federal Decree-Law does not specify any fees, charges, or financial provisions, except for the following: 1. The restraining order issued by the competent court is exempt from court fees. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 10) 2. The restraining order may require the offender to provide the necessary financial support for the victim and pay for medical expenses resulting from the domestic violence. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 11(1)(d))
What exemptions or exceptions apply?
The legislation does not specify any exemptions or exceptions under this law.
How are disputes resolved under this law?
The Federal Decree-Law outlines the following dispute resolution mechanisms: 1. Family reconciliation: The Ministry, the competent authority, or the Social Support Centre shall offer family reconciliation in cases of domestic violence within 14 days from the date of the report, provided that both the offender and the victim or their legal representatives agree. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 13) 2. Penal reconciliation: The Public Prosecution or the competent court may take measures for penal reconciliation in cases of domestic violence where penal reconciliation is permissible, to amicably resolve the dispute, provided that consent of both parties or their legal representatives exists. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 14) 3. Appealing the restraining order: Any stakeholder may file an appeal against the restraining order before the competent court to have it revoked or modified, within 7 days from the date of becoming aware of its issuance. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 12)
What are the key deadlines and time limits?
The Federal Decree-Law specifies the following key deadlines and time limits: 1. The Ministry, the competent authority, or the Social Support Centre shall offer family reconciliation in cases of domestic violence within 14 days from the date of the report. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 13(1)) 2. The duration of the restraining order issued by the Public Prosecution shall not exceed 30 days and may be extended for two similar periods. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 9(1)) 3. If the periods referred to in Article 9(1) expire, the restraining order shall be extended by a decision to be issued by the competent court, not exceeding 6 months or until the judgment becomes final. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 9(2)) 4. The competent court may order an extension of the restraining order for a period not exceeding 12 months, upon the request of the Public Prosecution or the victim, after the final judgment has been issued. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 10) 5. Any stakeholder may file an appeal against the restraining order before the competent court within 7 days from the date of becoming aware of its issuance. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Art. 12)
How does this law interact with other UAE legislation?
The Federal Decree-Law on the Protection Against Domestic Violence references and interacts with the following other UAE legislation: 1. Federal Law No. (1) of 1972 Concerning the Competencies of Ministries and the Powers of Ministers, and any amendments thereto. 2. Federal Law No. (3) of 2016 on the Child Rights Law "Wadeema Law" and any amendments thereto. 3. Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence (which this law repeals). 4. Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, as amended. 5. Federal Decree-Law No. (38) of 2022 Promulgating the Criminal Procedure Law, as amended. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Preamble)
When did this law come into effect?
The Federal Decree-Law on the Protection Against Domestic Violence was issued on 10 September 2024 and came into effect on 16 September 2024, the date of its publication in the Official Gazette No. 783. (Federal Decree-Law on the Protection Against Domestic Violence, 2024, Preamble, Art. 29)
Source Documents
This article analyses Federal Decree-Law on the Protection Against Domestic Violence for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.