To combat domestic violence in UAE, the government has taken strong disciplinary measures to prevent it. In this sense, the state promulgated a Federal Law Decree for the protection of victims of domestic violence. Likewise, this law seeks to improve the privacy of the life of the victims and direct the behavior of the entire family affected by this crime.
In this article, you will learn about the types of violence in the country, as well as the measures that the UAE has taken to combat them, and you will also see the benefits of knowing the law and hiring a lawyer in case this happens.
According to the Domestic Violence Law in the UAE, Article 3, it is inter-family action, abuse, expression, or threat. Also, any action that exceeds custody or responsibility results in harm that may be physical, psychological, economic, sexual, or negligence. In addition, it refers to the family nucleus, to the husband, wife, children, grandchildren, and the children of any of the spouses who are from previous unions.
Likewise, this includes the father or mother of the spouses, among others. On the other hand, according to the law, there are 3 types of aggression. This is when the issue is intentional, negligent, and self-defense, as you will see below:
Below, you will see the forms of assault that are considered domestic violence in UAE:
· Assault with a deadly weapon. It is the type of assault with the use of some object or weapon to seriously injure another person. For this type of assault, you could face imprisonment or pay blood money under Muslim law.
· Assault with intent to kill. It is a failed attempt to kill someone. It is also when the action of a person causes the possible death of another person. The attacker must pay this aggression for by law with prison and according to Muslim law, with blood money.
· Assault resulting in death. It will be when someone causes the death of another by attacking them. In the law, the person will receive a misdemeanor accusation and blood payment.
· With aggravated intent. It is aggravated assault, serious harm against other people, or if it has caused any type of disfigurement or death.
· Attacks with intent. It will apply to an individual who intentionally causes physical harm to another but not as serious as aggravated intent.
· Assault. It is when intentional physical contact is made without the consent of the other person in an offensive or harmful way. Likewise, the law will punish with prison and so-called blood money under Muslim law.
· Sexual assault. It is similar to the previous one but with sexual intentions with the individual.
· The domestic assault. It is verbal physical aggression against a family member without their consent.
Apart from domestic violence Dubai, there are violent crimes in the region that can affect the family. In this case, the penalties vary depending on the type of crime and severity. Also, it will be determined specifically by the damage accused and whether it was intentional or not. Below you will see this in detail:
According to some human rights groups, the laws about domestic violence against women are based on Sharia. Likewise, they say that because the law is based on this, there is discrimination against women. However, due to the controversies surrounding this law, the Emirates took measures to reduce sexual abuse and domestic violence.
Nevertheless, in the Emirates, there is still much to do to ensure for the safety of both women and vulnerable groups.
In the country they expanded the concept of what is determined as domestic violence in UAE. Therefore, now, the law considers domestic violence to be aggression, threats, or abuse of any kind against another family member. Consequently, there are 6 forms of violence, including those we will name below:
Domestic violence are words that that are hurtful or unpleasant. That is the verbal denigration of an individual within the family nucleus.
Like physical assault, physical abuse is when one family member harms another through physical contact. Likewise, it will be punished if it leaves marks or physical damage or not.
This part of what domestic violence is for some reason expression or words that cause any psychological harm to another family member.
This type of abuse takes into account sexual assault, exploitation, or harassment in any of its forms against any family member.
Although it may not seem like it, any action that deprives the victim of their right to freedom or to have their own money is an abuse. In this case, somebody can cause this to intentionally cause harm to any family member.
Negligence is considered domestic violence if the person accused of it fails to comply with legal duties or to do something in a certain way. As a result, the victim or family member is harmed in some way.
Additionally, although the laws are based on Islamic Sharia law, changes have been made that take the law in the right direction.
Below are some of the measures that victims of domestic violence can consider under the law in the UAE:
Any victim of domestic abuse may report it to any police entity in the country. Thus, you can file your complaint in the criminal procedure law of the emirates. Subsequently, the police will carry out the pertinent investigations and will proceed with the disciplinary measures that will guarantee your safety.
People who turn out to be victims of any of the causes of domestic violence may apply to the court for a protection order. Therefore, with these laws, the abuser will not be able to approach or contact you in any way. Federal Decree Law No. 10/2019 mentions this kind of protection order in Article 6.
Similarly, by law, the Public Ministry will file a letter against the abuser, which will issue the protection order with the following rules:
Also, if the Public Ministry considers it necessary, it will take other types of procedures to protect the victims. Equally, for any other person who may cause harm due to the relationship with the victim of violence.
People affected by domestic violence in UAE may apply for the right to obtain medical care and counseling. For this reason, both clinics and hospitals are available in the Emirates that will be able to provide medical care to any victim of violence. You can also seek advice from NGOs, courts, and the UAE police.
You will have the right to a domestic violence attorney if you desire to report your attacker. Also, the constitution of the Emirates guarantees your right to a fair trial, including a legal representative. Likewise, as a victim, you can choose to hire a lawyer.
If you are a victim of domestic violence in your home, you will have the right to seek payment for the damage caused by the abuse inflicted. Similarly, it will include medical expenses incurred, and lost wages, among others.
Hiring the services of a domestic violence lawyer can help you with the entire legal process against the abuser. Likewise, hiring these services is necessary whether you believe you are innocent or guilty because, in the same way, you will obtain a better result.
Also, make sure that the lawyer is a specialist in this type of crime or similar for your peace of mind. Additionally, a well-qualified legal representative will make a significant difference in court, as they will know how to defend the charges. In the same way, they will ensure compliance with respect for your rights throughout the trial.
In short, a well-prepared lawyer will advise you and provide all the legal support you will need during the trial with the probability of a better result.
In addition to the already existing criminal sentences, there are new laws in the Emirates for punishment for domestic violence in UAE. Additionally, they have instituted new punishments for sexual abusers. Therefore, in Article 9 of the UAE Federal Law, an offender will face the following:
Likewise, if he is found guilty on a second occasion, the law will impose the previous double penalty. Additionally, if you violate or fail to comply with the restraining order of the court, you will face the following:
Additionally, if the crime includes some type of assault, the court may double the established penalty. In the same way, if the victim wishes, he or she may request a restraining order issued by a prosecutor for 30 days. Similarly, the order may be extended two more times if you request the extension before the court.
Also, you can request a third extension for 6 months, which is legal for the third time extension of the extension. Equally, the victim or the aggressor may request an order against the restriction, 7 days after its issuance by the court.
The Emirates has implemented measures to help combat domestic violence Dubai, but there are still shortcomings. Hence, these shortcomings are about sexual abuse, although it has been part of the CEDAW or United Nations Convention on the Elimination of all forms of Discrimination against Women.
Likewise, although there are strong punishments for rapists and sexual offenders in federal law, there are still some gaps. Likewise, the gaps are due to the difficult testing of victims and, consequently, the presentation of reports and the conduct of the investigation.
Furthermore, with a lack of information, women run the risk of being accused of illicit sexual relations if they are sexually assaulted.
In conclusion, there are new laws against domestic violence in UAE that protect victims and give them more legal rights. Now, victims can report and request protection through a court, in addition, they are free to hire the services of professionals to help them present a case.
But if you want to ask about what else to do in a domestic violence case, contact us and we will help you by giving you more valuable information.