What legal actions can be taken in the UAE in cases of abusive relationships?
Answer:
Abusive relationships are a global concern, causing physical, psychological, and emotional harm to victims. In the UAE, Federal Decree-Law No. 10/2019, known as the Protection from Domestic Violence Law, and Federal Decree-Law No. 31/2021, which deals with Crimes and Penalties (Penal Code), play a vital role in addressing abusive relationships and legal actions against domestic violence. These laws aim to protect victims and ensure that offenders face legal consequences.
Definition of Domestic Violence (Article 3):
Domestic violence is defined as any action, utterance, abuse, mischief, or threat committed by a family member against another family member that results in physical, psychological, sexual, or economic harm or abuse. The law specifies various forms of domestic violence:
Physical Abuse: Causing injury or trauma, even if no visible marks are left.
Emotional Abuse: Acts or verbal abuse causing emotional distress.
Sexual Abuse: Constituting sexual assault, harassment, or exploitation.
Economic Abuse: Preventing the victim from managing their property, intending harm.
Family Definition:
The law broadly defines “family” to include spouses, children, grandchildren, parents, relatives by lineage or marriage up to the fourth degree, and individuals under the custody of an alternative family.
Protection Orders (Article 6)
The Public Prosecution can issue protection orders, which may include prohibitions on harming the victim, approaching specific locations, or interfering with personal property.
Protection orders are enforceable for up to 30 days and can be extended to a maximum of 60 days.
Both the abuser and the abused person have the right to contest the protection order within seven days before the competent court.
Violating a protection order may result in imprisonment for up to three months and fines ranging from AED 1,000 to AED 10,000. Penalties may be even more severe if violence is used against protected individuals.
Penalties for Domestic Violence Actions:
Committing domestic violence actions described in the law may lead to imprisonment for up to six months and fines of up to AED 5,000.
Certain crimes described in other laws can also be considered domestic violence crimes, with penalties specified in those laws.
Conciliation:
Before initiating legal action, the law mandates the Public Prosecution to offer conciliation to the abused person following specific procedures outlined in Federal Law No. 38/2022 (Criminal Procedural Code).
Resolutions, Regulations, and Statutes:
The Cabinet has the authority to issue necessary resolutions, executive regulations, and statutes to enforce and fulfil the objectives of this law.
Federal Decree-Law No. 31/2021 – UAE Penal Code:
Bodily Harm: This law addresses cases where one person inflicts bodily harm on another, with penalties determined by the severity of the harm and aggravating circumstances, such as intoxication or the use of weapons.
Permanent Disability: The UAE Penal Code outlines penalties for intentionally causing permanent disability to another person, with corresponding consequences for aggravating circumstances.
Kidnapping and Deprivation of Freedom: Crimes related to kidnapping, detention, or deprivation of freedom are covered, with severe penalties for actions involving force, impersonation, or specific victim characteristics.
Threats: The law addresses threats against individuals, both in writing and verbally, with penalties based on the nature of the threat.
Possession of Dangerous Tools: Possession of dangerous tools or equipment, especially in circumstances posing threats to public security or safety, is addressed with appropriate penalties.
In summary, these laws collectively emphasize the importance of protecting victims of domestic violence and ensuring that those responsible for abusive actions face legal consequences.
Awareness of these laws and seeking appropriate legal assistance and support is crucial for individuals in abusive relationships or those who know someone in such a situation to ensure their safety and pursue justice.
