Need to Know about Punishment for Domestic Violence in UAE

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.

What is Domestic Violence?

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:

• Intentional assault. This type of aggression is when there are intentions, without legal excuse or justification, to cause specific harm to someone.
• Negligent assault. It is when a person fails to take the required and reasonable care of another person, causing them harm.
• Self-defense. It is the defense usually used when someone is accused of assault but the harm caused to the other person was to avoid some loss or injury.

The forms of assault considered by law

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.

Offenses for violent acts in Dubai

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:

• ·      Kidnapping of an individual or unjustified imprisonment of the same
• ·      Violate the freedom of a person, including legal entry into the car or home of an individual, and force them or their family to leave the country.
• ·      Entering a house to steal from those who live there. This is a crime that will lead to incarceration under the new laws.
• ·      Rape is a violent crime if an individual is forced to participate without their consent. Therefore, the law will punish you with imprisonment or a fine, depending on whether the victimized person is a slave or free.
• ·      Drug trafficking is a crime that will result in jail time. Additionally, they may have to pay a large sum of money as a fine or penalty.
• Additionally, in previous years, a man could discipline his family (wife and children) without legal consequences and without leaving physical marks. Currently, the authorities abolished this by a series of changes that were made to the law against domestic violence in UAE.

UAE Ensuring the Safety of Women

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.

Legislation for the Protection against Domestic Violence

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:

Verbal abuse

Domestic violence are words that that are hurtful or unpleasant. That is the verbal denigration of an individual within the family nucleus.

Physical abuse

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.

Psychological/mental abuse

This part of what domestic violence is for some reason expression or words that cause any psychological harm to another family member.

Sexual abuse

This type of abuse takes into account sexual assault, exploitation, or harassment in any of its forms against any family member.

Economic/financial abuse

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     

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.

Laws for victims of domestic violence in UAE

Below are some of the measures that victims of domestic violence can consider under the law in the UAE:

Right to file a complaint

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.

Right to request the protection order

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:

• Do not cause harm to the mistreated person.
• You may not be in the places that the law establishes for the protection of the victim. Likewise, you will not be able to approach any other place indicated by the protection order.
• Do not damage the property of the victim or any of his or her family members.
• You will have to allow any person with the authorization of the victim to safeguard their personal effects.

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.

Access to medical services and advice

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.

Right to have a Legal Representative

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.

Receive Compensation for damages caused

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.

Hire an Emirati Lawyers for Domestic Violence in UAE

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.

Punishment & Penalty for Domestic violence in UAE

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:

• ·      Sentence of imprisonment for up to 6 months.
• ·      Payment of a fine of up to AED 5000

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:

• ·      Prison for 3 months
• ·      Payment of the fine between AED 1000 and AED 10000

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.

There are some Challenges to reporting sexual abuse in the UAE

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.

Final Thoughts

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.