In terms of domestic violence, particularly when children are involved, mothers in the UAE have a strong background in legal remedies to protect both their children and themselves. These safeguards are established and executed under Federal Decree-Law No. (13) of 2024 on Protection from Domestic Violence, Federal Law No. (28) of 2005 on Personal Status, and Federal Law No. (3) of 2016 on Child Rights, also known as the Wadeema Law. To protect the welfare of children, a legal framework has been established that requires severe precautions and measures to be taken against all kinds of domestic violence.
The following are significant legal provisions: –
In accordance with Article 3 of the protection from domestic violence law, family is defined as a group of individuals which includes, spouses, children, stepparents, stepchildren, fourth-degree blood or marital relatives, and anyone who is legally under guardianship or custody, including children from foster care. Article 4 defines domestic violence as any harmful act such as physical, psychological, sexual, or financial committed by a family member against another. This includes verbal abuse, threats, neglect, and any action exceeding their authority or responsibility.
Protection of domestic violence law, Articles 8-10 outlined the protection order, which indicates that the public prosecution or courts may have the authority to issue orders to ensure the safety of victims. Protection order is valid for 30 days. However, it can be extended if necessary. Further, the court has the authority to extend orders for a maximum of 12 months following a final judgment.
Protection orders may include the prohibition of contact with the victim or an obligation of shelter placement, prohibiting approaching the victim’s home or workplace, financial assistance for victims, providing counselling to offenders and considering additional safety measures which are mentioned in Article 11.
Article 33 of Wadeema Law provides protective measures, whereby authorities are compelled to take action when a child is in danger because of domestic violence. These protective measures include the removal of the child from the abusive situation or the arrangement of supervision in protective custody.
The following are remedies under the applicable UAE laws:
In accordance with Article 6 of the protection of domestic violence law state that, relevant authorities are required to maintain records of domestic violence incidents and implement protective measures, including relocating the victim to a shelter. Additionally, maintain confidentiality and integrity by continuing to listen to all parties in private. As required, refer victims to medical treatment. Prepare an incident report for public prosecution, which can result in legal action or conciliation. Child protection specialists are also required to be involved in domestic violence cases involving children as per Article 7.
Domestic violence cases are handled exclusively by a special court established under Article 15. In urgent cases, victims may be placed in emergency shelters immediately, which is stipulated under Articles 16 to 17. Further the law mentions the obligation of the relevant authorities, which are that they must raise awareness, train staffs, and maintain a confidential database to track domestic violence cases as outlined under Articles 18-19
Article 122 of personal status law, a divorce based on harm or endangerment caused by the spouse can be permitted, including abusive behaviour towards the children. This provision is important for seeking divorce from an abusive father to ensure the protection of both the mother and the children.
Wadeema Law, Article 20, in order to safeguard children from all forms of physical or emotional violence within the family or in care institutions, the Wadeema Law, Article 20, provides additional legal options. This may help the mother’s case against an abusive father when she asks for custody or protection.
Legal consequences for violating protection orders:
Protection of domestic violence law Articles 20-26: Domestic violence can result in imprisonment or a fine up to AED 50,000. Factors that aggravate the situation may result in increased penalties. Failure to report abuse can lead to fines between AED 5,000 and AED 10,000. Violating a protection order can lead to imprisonment and fines. Disclosing confidential information related to cases can result in imprisonment and a fine of at least AED 20,000. Forcing a victim to withdraw a complaint can result in imprisonment or fines up to AED 50,000. In addition to these the court may be imposed alternative penalties, such as community service.
Law of Wadeema, Articles 36-38: It criminalizes all kinds of abuses, neglect, and exploitation against children. If convicted of causing harm to a child, serious penalties may include imprisonment; such legal measures thus strengthen a mother’s right to relief.
Legal Action and Protection Steps
Reporting and Seeking Assistance: Mothers who are victims of domestic abuse should report incidents to authorities or seek help from support organizations as soon as possible. In order to ensure the safety of themselves and their children, legal proceedings are initiated under the protection laws. Under the Wadeema Law, relevant authorities are authorised to respond to any reports of child abuse and take immediate action.
Protection Orders: Mothers can apply for protection orders through public prosecution, detailing the abusive behaviour and providing evidence where possible. These Protection orders provide legal protection and can be extended by court order if necessary. The Wadeema Law ensures that children’s well-being is prioritized in such proceedings.
Divorce and Custody Arrangements: According to the personal status law, mothers may request divorce and custody agreements that prioritise their children’s safety and well-being. In the event of determining child custody, courts may consider abuse evidence and grant the abusive parent restricted or supervised visitation. The Wadeema Law prioritizes child protection, so custody decisions always put the child’s best interests first.
Disclaimer:
The above information might not apply if both parties are non-Muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-Muslim expat residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this linkCopyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
