Reporting Domestic Violence Crimes in UAE Legislation

Dr. Ghassan Arnous
Legal Advisor at Zayed Al Shamsi Advocates and Legal Consultants.

The family is the primary cell in the formation and building of society; it is the cradle where a person grows up, receiving values, principles, and teachings that shape their character and morals. Through this foundation, individuals become active members of society, contributing to its development and the achievement of national and communal goals.

Allah has spread among the members of the family a fabric of love, compassion, cooperation, and mercy. However, this natural bond can sometimes be disturbed, leading to what is known as domestic violence—a phenomenon that turns the family environment into unbearable hell. The most dangerous aspect of domestic violence is that it often occurs in secrecy, preventing the authorities from learning about the victims’ suffering, and in many cases, the perpetrator may escape punishment. Therefore, reporting this crime is considered the first and most important step in combating it.

Recognizing the seriousness of domestic violence crimes, the UAE legislator issued Federal Decree-Law No. 13 of 2024 regarding protection from domestic violence. The objectives of the law are as follows:

1. Protecting the family from the dangers of domestic violence while maintaining its integrity and social cohesion.
2. Providing necessary legal protection for the victim.
3. Correcting harmful behaviors affecting the family in general, combating the manifestations of domestic violence, and providing a safer environment for all.
4. Promoting social awareness among individuals about domestic violence and how to address it.

In Article 4 of the aforementioned decree, the UAE legislator defines domestic violence as:
“Any act, omission, statement, or threat thereof, or neglect, sexual exploitation, or economic exploitation committed by one or more family members or participated in by them against another family member, exceeding their jurisdiction, guardianship, authority, or responsibility, and resulting in or aiming to cause physical, psychological, sexual, or economic harm or damage.”

One of the most important aspects of the decree is the mechanism for reporting incidents of domestic violence, which the legislator outlined in Article 5 as follows:

1. The victim has the right to report the domestic violence incident.
2. Anyone who learns of a domestic violence incident, whether a family member, healthcare provider, educator, social worker, psychological counselor, or any other individual in the community, due to their profession or duties, must report the incident immediately.
3. Reports should be made to the relevant ministry, authority, or social support center, which will take the necessary legal actions.
4. The police should be informed of any domestic violence incident if it involves physical or sexual violence, and the police center will take the necessary legal actions.
5. The ministry and the relevant authorities must provide effective communication channels for receiving domestic violence reports, including electronic means, and must promote and raise awareness about these channels within the community.
6. If a court handling family or personal status matters identifies a case of domestic violence involving individuals who are incapacitated or partially incapacitated, the court must provide the ministry or the relevant authority with a copy of the case file through the public prosecutor.
7. The identity of the person reporting domestic violence should not be disclosed unless required by legal proceedings, and in such cases, disclosure will be made by the public prosecutor or someone authorized by them.

From the above provisions, it is clear that the UAE legislator is keen to protect all members of the family, particularly the vulnerable ones such as women and children, from all forms of domestic violence. The most important step taken by the legislator is the comprehensive mechanism for reporting domestic violence incidents, as once the authorities are made aware of these incidents, they will take swift action to protect the victim.