How to Deal and Take Legal Action for Domestic Violence

Domestic Violence – How to Deal with It and Take Legal Action. If you’re a victim of domestic violence, here are the legal steps you need to take to preserve your safety and get the protection & justice you deserve.

In What Ways Does Domestic Violence Take Place?

By definition, “domestic violence” refers to violence committed by a family member or intimate partner against another, such as child abuse or spousal abuse. It is a form of bullying and can include physical, emotional, or financial abuse, as well as sexual assault.

What Causes The Other Person Harm?

Domestic violence can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse is physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This can be understood to mean that any words or actions that a person of the other sex would take as against their partner of the different or even same sex that causes the other person harm is domestic violence.

New Domestic Violence Law in UAE in 2024

The UAE has introduced Federal Decree-Law No. 13 of 2024 on the Protection from Domestic Violence, which came into effect on October 2, 2024. This new law replaces the previous legislation and introduces several key changes:

• Harsher penalties: Fines for domestic abuse now range from Dh5,000 to Dh50,000, a significant increase from previous fines.
• Broader definition of abuse: The law expands the concepts of psychosocial and economic abuse.
• Stricter measures: Includes immediate removal of accused from shared residences and prevention of property damage.
• Protection orders: Can be issued by prosecutors or courts, initially valid for 30 days and renewable.
• Mandatory reporting: Failure to report known cases of domestic violence can result in fines between Dh5,000 and Dh10,000

Case of Irish Woman in Dubai

A concerning case involving an Irish woman has recently come to light:

• Tori Towey, a 28-year-old Emirates Airlines cabin crew member, is being prosecuted in Dubai for attempting suicide after allegedly suffering domestic abuse.
• She faces charges of attempted suicide and alcohol consumption, with a court hearing scheduled for July 18, 2024.
• Human rights advocates are calling for Dubai authorities to drop the charges and allow her to return to Ireland.

What Are The Types Of Abuse In A Domestic Violence

Types of abuse amounting to domestic violence include not only physical abuse but also emotional abuse (name calling, shaming, intimidation, shouting, the silent treatment etc), sexual abuse (forcing a partner to have sex when they do not want to/are not in the mood/are unwell, hurting a partner physically during sex etc ), technological abuse (hacking into a partner’s phone/email accounts, using tracking devices on a partner’s phone, vehicle etc), financial abuse (harassing a partner at their workplace and especially during work hours, damaging a partner’s credit score etc), immigration status abuse (destroying a partner’s immigration papers, threatening to harm a partner’s family back home etc).

These different forms of abuse are important to note because for example, in the United Arab Emirates which is a largely Islamic region formed from a federation of seven emirates, consisting of Abu Dhabi (the capital), Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain, women and girls are often largely prone to domestic abuse due to the higher economic, social, cultural and religious statuses of the men in the region. It’s crucial for victims to understand the UAE laws on sexual harassment, which prohibit unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

To aid and protect women and children in the region, in 2019, the UAE launched the Family Protection Policy which defines family or domestic violence as any abuse, violence or threat committed by a family member against any other family member or individual exceeding his guardianship, jurisdiction, authority or responsibility, resulting in physical or psychological harm. Importantly, the domestic violence penalty in UAE for such acts can be severe. The policy mentions six forms of domestic violence. They are: physical abuse, verbal abuse, psychological/mental abuse, sexual abuse, economic/financial abuse, and negligence.

If you are the victim of domestic violence, it is important to know that you are not alone and that there are legal options available to you.

What is Mental and Emotional Abuse and How to Prove Mental Abuse?

Mental and emotional abuse can take many forms. It can be anything from name-calling and put-downs to more subtle forms of manipulation and control. Other common forms of mental and emotional abuse include:

• Gaslighting, which often leads to the victim doubting their own memory, perception, and sanity
• Making demeaning or derogatory comments about the victim
• Isolating the victim from family and friends
• Controlling the victim’s finances or limiting their access to money
• Refusing to allow the victim to work or sabotaging their career
• Threatening to hurt the victim, their family, or their pets
• Actually hurting the victim physically

To prove mental abuse, you will need to provide documentation such as hospital records, medical reports, police reports, or restraining orders. You may also be able to provide testimony from witnesses who can attest to the abusive behavior.

How to Document Domestic Violence and Abuse and Take Legal Action against Your Family Member or Partner?

If you have been the victim of domestic violence, there are a number of steps you can take to protect yourself and your family. First, it is important to document the abuse. This can be done by keeping a journal of incidents, taking pictures of injuries, and saving any communications (e.g. texts, emails, social media messages) from the abuser. This documentation can be vital if you decide to take legal action against your abuser.

There are a number of different legal options available to victims of domestic violence in the UAE, including filing for a protection order and filing for divorce.

What can I do to stay safe after an abusive or violent relationship?

If you have been in an abusive or violent relationship, it is important to take steps to protect yourself and your family. These steps can include:

• Filing for divorce (if you are married)
• Moving to a safe location, such as a domestic violence shelter or a friend or family member’s house
• Changing your phone number and email address
• Telling your employer about the abuse and asking them to keep your address and phone number confidential
• Telling your child’s school about the abuse and asking them to keep your address and phone number confidential
• Opening a new bank account in your name only
• Getting a restraining order against the abuser 
• Reporting the abuse to the police
• Seeking counseling to deal with the emotional effects of the abuse

For Getting help for domestic violence and abuse in Dubai or UAE, Help Line Service: https://www.dfwac.ae/helpline

You may visit us for a legal consultation, call us +971506531334 +971558018669 (A consultation fee may apply)

Domestic violence is a serious problem that affects victims of all ages, genders, and backgrounds. If you are a victim of domestic violence, it is important to reach out for help.