UAE Family LawFederal Decree-Law No. (13) of 2024 on the Protection Against Domestic Violence

Article (1) Definitions In application of the provisions of this Decree-Law, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: United Arab Emirates (UAE). : State Ministry of Community Development. : Ministry Minister of Community Development. : Minister The local authority concerned with community affairs. : Competent Authority

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2 Federal Decree-Law of 2024 On the Protection Against Domestic Violence A centre that is dedicated to receive reports about domestic violence at the Ministry of Interior, federal and local Police Headquarters. : Social Support Centre A family member who is subject to domestic violence pursuant to provisions of this Decree-Law. : Victim A centre dedicated for receiving, caring and qualifying victims of domestic violence in accordance with legislations applicable in the State. : Shelter Centre The person who is licensed and assigned by the competent authority to maintain child's rights and protect the child within the limitations of his jurisdiction. : Child Protection Specialist An order issued by the Public Prosecution or the competent court in accordance with the provisions of this Decree-Law. : Restraining Order

Article (5) Reporting Domestic Violence 1. The victim has the right to report an incident of domestic violence. 2. Anyone who becomes aware of an incident of domestic violence, whether a family member or any provider of health, education, social, psychological, or sports services, by virtue of their work or profession, or any other members of community, must promptly report the incident. 3. The incident of domestic violence shall be reported to the Ministry, the competent authority, or the social support centre, which shall take the necessary legal actions in response.

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4 Federal Decree-Law of 2024 On the Protection Against Domestic Violence 4. The Police station shall be reported about the incident of domestic violence if the act constitutes physical or sexual violence, and the station shall take the necessary legal actions in response. 5. The Ministry and the competent authority shall provide effective channels and means of communication for receiving reports of domestic violence, including electronic channels, and shall inform the community about these channels and methods and raise awareness regarding them. 6. If, during a case at bar before any competent court of family and personal status matters, a case of domestic violence involving persons lacking capacity or having limited capacity is identified, the court may provide the Ministry or the competent authority with a copy of the case file through the Public Prosecution. 7. Identity of those reporting incidents of domestic violence may not be disclosed unless required by judicial procedures, and such disclosure shall be made by the Public Prosecutor or his delegate.

Article (6) Procedures for Handling Domestic Violence Reports Upon receiving a domestic violence report, the Ministry, the competent authority, and the Social Support Centre shall promptly take the following actions: 1. Record the report in the register stated in Article (19) of this Decree-Law, including the name of the reporter or the reporting entity, the subject of the report, and the details of the domestic violence incident. 2. Take the necessary measures to protect the victim, including placing the victim in a shelter or with a relative if needed. 3. Listen to the parties and witnesses, including children, in an environment that is suitable for giving their statements freely, ensuring privacy and confidentiality, and document their statements either in writing or using audio or visual means, as the case may be, and verify the

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5 Federal Decree-Law of 2024 On the Protection Against Domestic Violence accuracy of their statements, as well as seek assistance from a child protection specialist if necessary. 4. Refer the victim to a healthcare facility if needed, and the facility shall prepare a medical report on the case. 5. Prepare a report on the incident, including its details, the parties involved, the circumstances, and the actions taken. This report shall be attached to the medical report issued by the healthcare facility and shall be referred immediately to the Public Prosecution, with a recommendation either to initiate a criminal case or to grant the parties time for reconciliation. The report shall also include the report of the social worker or child protection specialist, as the case may be.

Article (8) Restraining Order Issued by the Public Prosecution 1. The Public Prosecution may issue a restraining order on its own, based on a request from the Social Support Centre that received the domestic violence report, or from the Ministry, the competent authority, or at the request of the victim. 2. The Public Prosecution may require the social worker or child protection specialist to prepare a report accompanied by recommendations on the case of the domestic violence presented to the Public Prosecution.

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6 Federal Decree-Law of 2024 On the Protection Against Domestic Violence 3. The Ministry, the competent authority, or the Public Prosecution shall inform the victim with the available legal measures and the possibility that the victim would obtain a restraining order in accordance with the provisions of this Decree-Law.

Article (9) Duration of Restraining Order Issued by the Public Prosecution 1. Duration of the restraining order issued by the Public Prosecution shall not exceed (30) thirty days, and it may be extended for two similar periods. 2. If the periods referred to in clause (1) of this Article expire, the restraining order shall be extended by a decision to be issued by the competent court, not exceeding (6) six months or until the judgment becomes final. 3. The request for the extension stated in clause (2) of this Article shall be submitted by the Public Prosecution to the competent court, and the court shall consider the request and decide what it deems appropriate regarding the extension of the restraining order.

Article (11) Restraining Order Measures 1. The Public Prosecution or the competent court may include one or more of the following measures in the restraining order:

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7 Federal Decree-Law of 2024 On the Protection Against Domestic Violence a. Prohibiting the offender from contacting the victim by any means. b. Prohibiting the offender from approaching designated places for the protection of the victim or any other location mentioned in the restraining order, including the victim's residence and workplace, according to the distance and time specified by the Public Prosecution or the competent court. c. Referring the victim, upon his/her consent, to a shelter, a kin's home, or any other safe place determined by the Public Prosecution or the competent court, if necessary, and in coordination with the Ministry or the competent authority, as the case may be. d. Obligating the offender to provide the necessary financial support for the victim and pay for medical expenses resulting from the committed domestic violence. e. Preventing any harm to the victim's interests, including his/her property and personal belongings. f. Obligating the offender to attend social or psychological counselling sessions in coordination with the Ministry or the competent authority. g. Any other measures the Public Prosecution or the competent court deems necessary to provide effective protection for the victim, witnesses, or any family member at risk of harm due to their relationship with the victim. 2. The Public Prosecution shall legally notify both the offender and the victim of the restraining order and the measures included. 3. The Ministry or the competent authority shall regularly follow up the implementation of the protection measures in the restraining order. In case of any violation of these measures, the Ministry or the competent authority shall immediately report it to the Public Prosecution or the competent court that issued the restraining order.

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8 Federal Decree-Law of 2024 On the Protection Against Domestic Violence

Article (13) Family Reconciliation 1. The Ministry, the competent authority, or the Social Support Centre shall offer family reconciliation in cases of domestic violence within (14) fourteen days from the date of the report, provided that both the offender and the victim or their legal representatives agree. The presence of a social worker and a child protection specialist is required if the victim is a child, provided that it shall be documented in an official record and signed by the parties, who shall be obliged to adhere to the agreed terms. 2. The report shall be referred to the Public Prosecution along with the family reconciliation record and signed by the parties for approval, or if one party expresses unwillingness to complete the reconciliation. 3. Family reconciliation may not be offered if the act constitutes a felony. The Ministry or the competent authority shall refer the report to the Public Prosecution to take necessary legal actions. 4. The Ministry or the competent authority shall regularly follow up the implementation of the family reconciliation procedures to ensure compliance and non-violation of its provisions.

Article (14) Penal Reconciliation 1. Without prejudice to the provisions set forth in Federal Decree-Law No. (38) of 2022, the Public Prosecution or the competent court may, as the case may be, take measures for penal reconciliation in cases of domestic violence, where penal reconciliation is permissible, to

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9 Federal Decree-Law of 2024 On the Protection Against Domestic Violence amicably resolve the dispute, provided that consent of both parties or their legal representatives exists. 2. Penal reconciliation shall be proposed to the offender and the victim or their legal representatives, in the presence of a social worker and a child protection specialist if the victim is a child. The specialist may express his justified opinion, either supporting or opposing the penal reconciliation, and the Public Prosecution may take or disregard the specialist's opinion. 3. Penal reconciliation shall arrange for the expiration of the penal case or the stay of the judgment issued therein, as the case may be.

Article (16) Shelters Shelters shall receive victims referred to them by the Ministry, the competent authority, the Public Prosecution, or the competent court. Shelters shall undertake the following: 1. Record the case, all related data and information in the database designated thereto. 2. Provide necessary shelter and care for the case. 3. Develop appropriate intervention plans for the case, ensuring that discussions with parties involved in domestic violence occur in a private room that guarantees the safety, security, and privacy of the victim and the persons working at the competent authority. 4. Offer social and psychological counselling services as well as rehabilitation services for the offender and the victim or any family members of the victim, using all possible methods, including modern technologies, and shall coordinate with relevant authorities when needed.

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10 Federal Decree-Law of 2024 On the Protection Against Domestic Violence 5. Provide legal consultancies and assistance to the victim when needed. 6. Provide the Ministry or the competent authority with statistics and periodic reports that relate to the cases recorded in their database. 7. Any other obligations determined by the Ministry or the competent authority.

Article (18) Obligations of the Ministry and the Competent Authority The Ministry and the competent authority shall take all necessary measures to maintain the family entity and protect it from all forms of domestic violence. To this end, they shall: 1. Raise awareness of the concept of domestic violence, its forms, dangers, and its negative impacts on individuals and society, as well as methods for dealing with it. 2. Organize training programs for all those involved in dealing with cases of domestic violence, in coordination with relevant government entities. 3. Take necessary actions to address behavioural phenomena in community that contribute to the occurrence of domestic violence cases.

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11 Federal Decree-Law of 2024 On the Protection Against Domestic Violence 4. Exchange data, information, and statistics that relate to domestic violence and utilize them in conducting studies and establishing effective mechanisms to combat domestic violence.

Article (19) Establishment of the Electronic Register and Data Linking and Sharing 1. An electronic register shall be established at the Ministry and the competent authority, where all data, information, and statistics that relate to cases of domestic violence, as well as any changes or updates, shall be recorded. 2. The competent authority shall link and share the data, information, and statistics referred to in Paragraph (1) of this Article with the Ministry. 3. Data and information that must be recorded in the register shall be determined by a resolution to be issued by the Minister upon coordination with the head of the competent authority. 4. The Ministry and the competent authority shall share and link all data recorded in the electronic register, and any changes or updates that occur, with the electronic databases of the relevant entities in charge of implementing the provisions of this Decree-Law, in a manner that ensures real-time linking of such data. 5. Everything that is recorded in the register shall be confidential and may only be accessed by authorized personnel for work purposes or upon request from the judicial authority.

Article (21) Penalty for the Crime of Domestic Violence Any person who commits the crime of domestic violence stipulated in Article (4) of this Decree- Law shall be punished by imprisonment and a fine not exceeding (50,000) fifty thousand Dirhams, or by either of these penalties. If the victim is one of the parents, an ascendant of the perpetrator, a person over (60) sixty years old, a pregnant woman, a child, a person with disabilities, or someone who is legally incapacitated, or if the perpetrator commits a domestic violence crime within one year of the previous act, this shall be considered an aggravating circumstance. In addition to the penalties prescribed in this Article, the competent court shall obligate the perpetrator of domestic violence to participate in rehabilitation courses against violence at specialized centres.

Article (23) Penalty for Violating the Restraining Order Anyone who violates a restraining order issued in accordance with the provisions of this Decree- Law shall be punished with imprisonment and a fine of not less than five thousand AED (5,000) and not exceeding ten thousand AED (10,000), or with one of these penalties. If the violation of the restraining order is associated with the use of violence or coercion against any of those included in the provisions of this Decree-Law, the penalty shall be imprisonment for

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13 Federal Decree-Law of 2024 On the Protection Against Domestic Violence a period of not less than (6) six months and a fine of not less than ten thousand AED (10,000) and not exceeding one hundred thousand AED (100,000), or with one of these penalties.