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Explained: Domestic Violence Restraining Orders and Imprisonment Clauses in the UAE | Al Rowaad Advocate & Counsel

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The problem of domestic violence is pervasive and the UAE has taken bold steps to address it. In this regard, Federal Decree No. 10/2019 on the Prevention of Domestic Violence (Domestic Violence Act) was promulgated to combat domestic violence, protect the privacy of life and correct behaviors harmful to the family.

What is Domestic Violence?

Article 3 of the Domestic Violence Act defines domestic violence as follows.

“…Domestic violence is any act, statement, abuse, mischief or threat committed by a family member against another family member that is beyond the scope of their guardianship, guardianship, support, power or responsibility and that may result in physical, psychological, sexual or economic hurt or abuse. “

A family is considered to include husband, wife, children, grandchildren, children of either party from another marriage, father and mother of either party, etc.

According to Article 5 of the Anti-Domestic Violence Law, acts constituting domestic violence include physical abuse, psychological abuse, sexual abuse and economic abuse.

Protection Orders Against Abusers

An important provision introduced by the Anti-Domestic Violence Act gives prosecutors the power to issue protective or restraining orders against victims of abuse.

According to Article 6 of the Anti-Domestic Violence Law, prosecutors may issue protection orders on their own initiative or at the victim’s application, ordering the victim to perform the following acts.

  1. Don’t hurt the person who is being abused.

  2. Do not approach a place established for the protection of a victim of abuse or any other place specified in a protection order.

  3. Do not harm the victim’s personal property or any family members.

  4. Allow the victim or other authorized person to receive his necessary personal items.

  5. Any other process that the Public Prosecution considers included in a protective order to provide effective protection to the person who was abused or anyone who may have been harmed by the relationship with the person who was abused.

The order of protection will be issued for 30 days, renewable for two similar periods of up to 60 days. Any further extensions will need to be issued by the competent court pursuant to Article 7.

Violation of a protection order may result in the offender being sentenced to up to 3 months’ imprisonment and/or paying a fine ranging from AED 1,000 to AED 10,000. Penalties are harsher if violence is committed against another person in violation of a protective order.

Consequences of Domestic Violence

According to the Anti-Domestic Violence Law, anyone who commits domestic violence will be punished. Penalties include imprisonment for a term not exceeding 6 months and/or a fine of up to AED 5,000. These penalties are without prejudice to any more severe penalties provided for in any other law.

It should be noted that if the perpetrator commits domestic violence again within 1 year after the previous behavior, the court will increase the punishment.

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