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:
This Decree-Law shall aim to achieve the following:
In the application of the provisions of this Decree-Law, "family" refers to a group of individuals who are connected by kinship, marriage, or legal responsibility, and includes the following:
For the purposes of applying this Decree-Law, domestic violence is defined as any act, omission, statement, or threat thereof, neglect, sexual or economic exploitation committed or shared by one or more family members against another, exceeding the guardianship, authority or responsibility held by the perpetrator. This behaviour results in or aims to cause physical, psychological, sexual, or economic harm.
Reporting Domestic Violence
Upon receiving a domestic violence report, the Ministry, the competent authority, and the Social Support Centre shall promptly take the following actions:
The competent court and the Public Prosecution shall engage a child protection specialist in investigations and trials related to domestic violence when one of the parties involved is a child. Additionally, a social worker may be called upon to attend any of the investigation procedures in domestic violence cases.
The competent court, on its own, at the request of the victim or his/her representative, may issue a restraining order for a period not exceeding six (6) months or until the judgment becomes final if the competent court finds evidence of domestic violence while hearing any criminal case. If it is necessary to extend the restraining order after the final judgment has been issued, the competent court may order an extension for a period not exceeding (12) twelve months, upon the request of the Public Prosecution or the victim. The request for a restraining order is exempt from court fees.
Any stakeholder may file an appeal against the restraining order before the competent court to have it revoked or modified, within (7) seven days from the date of becoming aware of its issuance.
The Federal Judiciary Council and local judicial authorities, each according to its jurisdiction, may establish specialized judicial chambers to adjudicate cases of domestic violence for the purposes of implementing the provisions of this Decree-Law. In all cases, adjudication of domestic violence cases shall be expedited.
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:
The Ministry, the competent authority, or the Social Support Centre, upon receiving reports of domestic violence, may take the measure of referral to the shelter immediately in any of the following cases:
The decision of referral to the shelter shall be presented to the Public Prosecution immediately upon issuance. The Public Prosecution shall issue its decision to either continue, cancel, or modify the detention within (24) twenty-four hours of receiving the referral decision.
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:
The imposition of the penalties stipulated in this Decree-Law shall not prejudice any severer penalty stipulated in any other law.
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.
A fine not less than on five thousand AED (5,000) and not exceeding ten thousand AED (10,000) shall be imposed on any person who:
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 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.
Anyone who discloses any confidential data or information that relate to a domestic violence case such person becomes aware of due to his work or reveals the identity of the victim shall be punished with imprisonment and a fine of not less than twenty thousand AED (20,000), or one of these two penalties.
Anyone who uses force or threat against the victim in a case of domestic violence with the intent of compelling the victim to withdraw his report shall be punished with imprisonment and a fine of not less than ten thousand AED (10,000) and not exceeding fifty thousand AED (50,000), or one of these penalties.
The court may obligate the convicted person to perform a community service in accordance with the applicable legislations in this respect.
Employees designated by a resolution issued by the Minister of Justice or the head of the local judicial authority, in agreement with the Minister or the Head of the competent authority, may have the capacity of judicial control officers in recording all violations, within their jurisdiction, of the provisions of this Law and the resolutions issued in the implementation thereof.
Federal Decree-Law No. (10) of 2019 On the Protection Against Domestic Violence shall hereby be repealed, as well as any provision that contradicts or conflicts with the provisions of this decree-law.
This Decree-Law shall be published in the Official Gazette and shall enter into force as of the date of its publication.
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No lawyer can set a specific and precise time frame for how long a divorce
case may take before the Dubai Courts Family Courts.
It may be useful to mention here that the issue of divorce passes through
two important and necessary stages.
Firstly, we have the stage of the Family Guidance Department, in which this
department seeks through a social mediator to resolve the conflict amicably,
and this stage ends quickly in the absence of a clear intention or desire to
settle the matter on the part of one of the parties, while it takes a long
time as long as it is There is seriousness on both sides in settling the
matter by concluding an agreement or closing the file to resolve the dispute
amicably.
Secondly, comes the stage of litigation before the Family Court after the
failure of reconciliation efforts before the Family Guidance Department, a
stage that passes through three degrees of litigation according to the laws
of the Emirate of Dubai (the Court of First Instance, the Court of Appeal,
and the Court of Cassation “Supreme Court of the Emirate of Dubai”).
In the stage of litigation with its three levels, each case differs from the
other in its circumstances and facts and in the procedures that each judge
needs to resort to, for example (opening an investigation, listening to
witnesses, inquiring from specific official bodies, and interrogating the
two parties personally by the judge).
The litigation procedures may end in months, and may exceed the period of
the year, as the matter is largely relative. For example, the case may end
before a court of first instance, and the judgment becomes final if neither
of the two parties appeals against it within the legal period allotted for
that.
This is in addition to the fact that the UAE law periodically and
continuously tends to speed up the litigation procedures, and this is shown
through the amendments that the UAE legislator is keen to issue from time to
time.
Although this reason is one of the reasons for dropping the custody of the mother married to a new husband, the practical reality and the judicial application of the Dubai Court of Cassation (the Supreme Court in the Emirate of Dubai) requires that this new marriage negatively affects the custody of the children, as the new marriage is not a reason in any way. It is not enough on its own to revoke the custody of the mother.
If it is the father who wishes to travel with the children, he cannot without the written consent of the custodial mother, but if the mother is the one who wants to travel, she can do so by submitting an urgent request to the Court of Temporary and Urgent Matters, requesting travel for a specific period, and she must provide guarantees for her return again with the children. Often, the required guarantee is a passport that guarantees the mother’s return.
Yes, the wife whose first divorce case was rejected due to her inability to prove the harm inflicted on her, can file a new divorce case, and in this second case, the court will resort to assigning the two parties to nominate two arbitrators from their families, otherwise the court will take care of this to try to reconcile the spouses.
The most important advice to give here is taking full care of children, and
care here means; health, social and educational aspects.
This is the key to extending the legal custody age for women after the end
of their legal age. On the other hand, neglect puts maternal custody at risk
of forfeiting, even before the legal custody age for women expires.
For example, avoid traveling for long periods of time in circumstances that
suggest leaving children without care or attention. Take care of children’s
health, and keep periodic documents that reveal the safety of children’s
physical and psychological health, as well as school reports that show their
academic excellence.
Forgetting to give the medicine was a reason to drop custody of a mother in
a previous custody dispute. Also, the low academic level of the child and
his aggressive behavior in school, may also be a reason for dropping the
custody.
In this question, I will answer only the rights of the divorced woman, not
the incubator, so my answer will be all about the rights of the wife who
asks for divorce, regardless of her custody of the children, because custody
of children requires other rights.
There are several basic rights referred to in the UAE Personal Status Law,
which are; The delay of the dowry, the maintenance of the waiting period,
and the alimony (the expense of the alimony is owed by the wife who was
divorced against her will).
A divorced wife can also claim marital maintenance up to 3 years prior
(maximum) to the date of filing the case (but she must prove that the
husband was abstaining from spending in the previous periods). Also, the
divorce petitioner is also entitled to claim the sums of money that she had
paid to the husband during the marriage, because according to UAE law, the
woman has a financial liability independent of her husband.
But in the meantime, the judicial nature of the courts of the Emirate of
Dubai imposes an application derived from the provisions of Islamic Sharia,
so the non-Muslim wife may not obtain the maintenance of the waiting period,
for example, because non-Islamic systems do not know the waiting period
after divorce, because the non-Muslim wife is not detained after the divorce
in favor of her husband. Therefore, there are many elements that govern the
issue of the financial rights of divorced women in the UAE, the most
important of which are the religion of the parties to the conflict, the law
applicable to the conflict, and so on.
You can file a custody dispute before the Dubai Personal Status Courts immediately, and you have the opportunity to obtain a custody ruling against the other party, To implement this judgment abroad, you must consult a lawyer who specializes in the law of the country in which the judgment is to be executed.
Yes, you can, but before you rush to bring a translated copy of your national law, you must understand what the UAE Personal Status Law allows you, because it may offer better options and solutions than your national law, so you should study the matter well and consult a lawyer who is specialized in the field of personal status In the Emirate of Dubai, as well as a lawyer specializing in the same field from your country, and it may be useful to arrange a remote meeting between your lawyer here and your lawyer in your home country to compare the guarantees and options offered by each law in your dispute.
Of course, but you must meet other conditions of custody, and you must prove that this marriage affects the efficiency of the mother’s custody of the children.
I suppose now that you know well that the age of female custody of female
children is 13 years, while males are only 11 years old.
You must know that the end of the age of women’s custody of children does
not give you the right to custody automatically, but you must file a lawsuit
to prove your eligibility for custody of children, and that the conditions
of custody apply to you as well.
It is also important to know that the court can extend the age of mother’s
custody of the children as long as it sees that it goes for their best
interest.
You should know that the rules of judicial jurisdiction are part of public order in the UAE, and they are one of the red lines that Emirati courts are bound by because they are also related to the rules of international jurisdiction. Also, if you know your wife’s address abroad, you will not be able to obtain a divorce ruling here in the UAE.
Of course, you can, as agreements on personal status issues do not have
absolute authority. Rather, their authority and strength are temporary and
change with the change of circumstances and conditions.
The child may be neglected, and the new husband of the mother may treat him
badly.
The mother may get sick and cannot perform her duties as a custodian, and
other reasons for which the judge will always consider the interests of the
child before deciding which is the best party for the custody of the
child.
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