Dubai: The UAE has introduced a new law on protection from domestic abuse, with harsher penalties for abusers, and stricter consequences for repeat offenders.
According to legal experts who spoke with Gulf News, ‘Federal Decree-Law No. 13 of 2024 on the Protection from Domestic Violence’, also replaces the previous legislation, Law No. 10 of 2019 on the Protection Against Domestic Violence, and now serves as the primary legal framework for domestic abuse cases in the UAE.
The law was issued on September 10, 2024, and came into effect on October 2, 2024. Here are some of the key takeaways:
1. Broader definition of domestic abuse
“The new law retains the previous definitions of ‘domestic abuse’ to include – physical, psychological, sexual, and economic harm, caused by a family member. However, it broadens those definitions, by providing more detailed criteria for each type of abuse. It especially expands the concepts of psychosocial and economic abuse,” Ludmila Yamalova, founder and managing partner of HPL Yamalova and Plewka DMCC, told Gulf News
2. Inclusion of domestic workers and enhanced protections for vulnerable groups
“One notable difference is that the new law expressly includes ‘domestic employees’ into the definition of ‘family members’, thereby making them a protected class under this law. The old law did not expressly include domestic workers under its definition,” Yamalova said.
She added that the new law also extends protection to vulnerable groups, such as children and other at-risk individuals, with specific provisions now in place for their protection. The old law did not specifically address these groups.
One notable difference is that the new law expressly includes ‘domestic employees’ into the definition of ‘family members’, thereby making them a protected class under this law. The old law did not expressly include domestic workers under its definition.
3. Stricter fines and penalties for abusers
“The new law significantly increases fines for domestic abuse, sometimes five‐fold. For example, fines for domestic abuse now range from Dh5,000 to Dh50,000, as compared to the previous fines, which ranged from Dh1,000 to a maximum of Dh10,000,” she said.
She also highlighted enhanced penalties for breaching restraining orders and for repeat offenders:
• Fines for violating restraining orders: These fines have been increased to Dh20,000, from a previous maximum of Dh5,000.
• Harsher penalties for repeat offenders: While imprisonment for domestic abuse remains at six months, repeat offences within a year can now result in doubled sentences, regardless of the severity of the crime. Previously, increased imprisonment applied only to severe repeat offences.
Other penalties added in the new law:
• Disclosing confidential information – If someone reveals confidential information about a domestic violence case or shares the victim’s identity, they can face serious consequences. This includes imprisonment and/or fine of at least Dh20,000.
• Coercing a victim to withdraw a complaint – If someone uses threats or force to make a domestic violence victim drop their complaint, they can also face penalties, which may include imprisonment and/or fine between Dh10,000 and Dh50,000.
The new law significantly increases fines for domestic abuse, sometimes five‐fold. For example, fines for domestic abuse now range from Dh5,000 to Dh50,000, as compared to the previous fines, which ranged from Dh1,000 to a maximum of Dh10,000.
4. Immediate intervention from police, social services, and public prosecution
The law now also provides a detailed course of action in cases when domestic violence incidents are reported.
“The new 2024 law introduces significant changes in how domestic violence cases are reported and handled. Unlike the previous 2019 law, the 2024 law places more emphasis on immediate intervention mechanisms and expanded protection channels. Victims can now report incidents more easily, and the law reflects a stronger focus on early intervention, safeguarding the victim’s privacy and safety more effectively,” Zeiad Yehia, Senior Legal Counsel at Kashwani Law Firm, told Gulf News.
According to legal experts under the old law, victims could report incidents to the police or the Community Development Authority (CDA), which would then pass the case on to the Public Prosecution for the issuance of a restraining order. Yehia clarified that Article 5 of the new law highlights enhanced mechanisms for reporting domestic violence, with the following key points:
• Multiple reporting channels: Victims are granted the right to report domestic violence through various avenues, including the police, public prosecution, and dedicated protection centres. These entities are tasked with ensuring that victims receive immediate protection and support.
• Right to confidentiality and safety: “Article 5 specifically emphasises the victim’s right to confidentiality and protection from potential retaliation. This helps reduce fear and encourages victims to come forward without concerns over their safety or privacy being compromised,” he said.
• Priority handling of reports: Authorities are obliged to treat domestic violence cases with urgency, giving priority to the victim's safety and well-being. This ensures faster intervention and resolution.
Article 5 specifically emphasises the victim’s right to confidentiality and protection from potential retaliation. This helps reduce fear and encourages victims to come forward without concerns over their safety or privacy being compromised.
5. Changes in restraining order process
Under the 2019 law, restraining orders were issued by the Public Prosecution at the request of the victim, typically for an initial period of 30 days, with possible extensions of up to six months.
“The 2024 law strengthens the restraining order process by enabling quicker issuance through legal channels. However, it does not grant law enforcement officers the authority to issue restraining orders on‐site. Instead, these orders are still processed by the Public Prosecution. The duration of restraining orders has been extended in certain cases, and the penalties for violations have been made more severe,” Yehia added.
Article 11 of the law provides seven conditions that can be added to a restraining order, which is referred to in the law as a ‘protection order’.
a. Prohibition against any form of contact with the victim.
b. Prohibition from approaching locations designated for the protection of the victim or any other location specified in the Protection Order, including the victim’s residence or workplace, within a distance and timeframe determined by the Public Prosecution or Competent Court.
c. Placement of the victim, with their consent, in a shelter, the residence of a relative, or any safe place designated by the Public Prosecution or Competent Court, if necessary, in coordination with the Ministry [of Community Development] or competent authority, as applicable.
d. Imposition on the perpetrator to provide financial support for the victim, including covering medical expenses incurred because of the domestic violence.
e. Prohibition against actions that may harm the victim's interests, including their property and personal belongings.
f. Imposition on the perpetrator to attend social or psychological counselling sessions, as arranged in coordination with the Ministry or competent authority.
g. Implementation of any other measures deemed necessary by the Public Prosecution or Competent Court to ensure effective protection for the victim, witnesses, or any family member who may be at risk due to their relationship with the victim.
6. Enhanced support and emergency shelters for victims
The new law also introduces concepts of emergency shelters and counselling services.
“The 2024 law significantly expands the state’s responsibility in providing psychological and emotional support to victims. Victims are now entitled to counselling and rehabilitation, ensuring that the harm they have suffered is treated holistically,” Yehia explained.
7. Stronger support for vulnerable groups
“The 2024 law introduces specific protections for children, the elderly, and individuals with disabilities, ensuring that these groups are safeguarded against both physical and economic abuse. Importantly, children who witness domestic violence are now explicitly considered victims, and additional provisions are in place to address their psychological welfare,” he added.
Public awareness campaigns and educational programmes are also mandated by the law, aiming to address domestic violence at its roots. “This proactive approach was not as emphasised in the 2019 law,” Yehia noted.
Importantly, children who witness domestic violence are now explicitly considered victims, and additional provisions are in place to address their psychological welfare.
8. Mandatory reporting of domestic abuse
“The law imposes a duty on individuals, particularly family members, healthcare professionals, social workers, and educators, to report cases of domestic violence. This broadens the scope of responsibility beyond the immediate household, emphasising a community-driven response to combatting abuse,” Samara Iqbal, managing partner and lawyer at multinational law firm - Aramas International Lawyer, said.
Penalty for failing to report domestic abuse: Anyone who fails to report an incident of domestic violence immediately upon becoming aware of it, or who submits a false or malicious report, will face a fine between Dh5,000 and Dh10,000.
The law imposes a duty on individuals, particularly family members, healthcare professionals, social workers, and educators, to report cases of domestic violence. This broadens the scope of responsibility beyond the immediate household, emphasising a community-driven response to combatting abuse.
9. Family reconciliation only with consent
While the new law retains procedures for family reconciliation, it places stricter conditions on such processes in severe cases.
“While the primary focus is on victim safety, the law provides opportunities for family reconciliation through mediation and counselling services, particularly when both parties express a willingness to reconcile. These processes are facilitated by trained professionals who ensure that reconciliation occurs in a manner that prioritises the wellbeing and consent of the victim,” she said.
While the primary focus is on victim safety, the law provides opportunities for family reconciliation through mediation and counselling services, particularly when both parties express a willingness to reconcile. These processes are facilitated by trained professionals who ensure that reconciliation occurs in a manner that prioritises the wellbeing and consent of the victim.
10. Greater focus on rehabilitation for first-time offenders
The new law also focuses on rehabilitating offenders, particularly first-time offenders. It mandates counselling and behavioural correction programmes, an approach that was less emphasised in the previous law.
“The law also emphasises criminal rehabilitation for perpetrators, particularly for first-time offenders or those whose actions stem from underlying issues such as substance abuse or psychological problems. Rehabilitation programs, including mandatory counselling and behavioural therapy, are part of the legal response, aiming to address the root causes of abusive behaviour and prevent reoffending,” Iqbal added.
