The police get involved once they are notified of the occurrence of domestic violence. Pursuant to Article 10 of the Domestic Violence Law, the public prosecution and the police departments are obliged to receive domestic violence complaints and must take all the necessary legal procedures once they are notified of the domestic violence. According to Article 12 of the Domestic Violence Law, the police must adhere to the following upon receiving a domestic violence complaint: (i) transfer the victim to the nearest hospital or health center for treatment when required; or (ii) upon the public prosecution's order, transfer the victim to a governmental shelter as soon as possible.

Additionally and pursuant to Article 13 of the Domestic Violence Law, to protect the victim, the public prosecution may also issue a temporary decision to transfer the victim away from the victim's family. 

Article 14 of the Domestic Violence Law states that upon being notified of a domestic violence occurrence, the public prosecution must document the following:

1. the hour, date and place of receipt of the complaint
2. the name of the person who made the notification and that person's personal data
3. the time the investigation commenced and when it was completed
4. the type of violence committed against the victim and the tool used, if any
5. a statement detailing a child's exposure to the violence and its occurrence in front of them or its occurrence toward them
6. any other statement regarding the circumstances of the violence, its causes and consequences
7. any documents that are relevant or that the victim wishes to include
8. any protective measures taken upon receipt of the complaint

Self-defense

Article 17 of the Penal Code generally states (irrespective of the crime) that a person has the right to claim self-defense if both of the following factors are present: (i) the victim is in imminent danger of a threat to himself/herself or to his/her money, or believes to be in such danger and such belief is reasonable; and (ii) if the victim cannot resort to the authorities to prevent such danger in the appropriate time. The latter will apply if the threat of danger is toward the person or his/her money, or if it is toward a third party's self or his/her money.

Insanity

The Penal Code addresses mental illness and of not being of sound mind in various articles. The Penal Code does not explicitly state that insanity may be used as a defense; however, in such case, a judge may order a reduced sentence for the crime or order that the defendant be taken to a sanatorium. Specifically, Article 33 of the Penal Code states that if a person is, at the time of committing a crime, lacking in his/her mental capacity or free will because of an illness, he/she will be subject to a mitigating punishment in accordance with the provisions of Articles 71 and 73 or he/she will be kept in a sanatorium.

Pursuant to the Domestic Violence Law, the public prosecution and police will be obliged to listen to the parties and any witnesses. In the case of children, they will be in appropriate separate rooms and have the opportunity to state their claims freely and confidentially.^[45] It is our understanding that a public prosecutor must document data, including a statement detailing the children's exposure to violence and any incidence that occurred in front of them. The recovery process of witnessing domestic violence must always include a strong support system and healthy relationships. The government of the Kingdom of Bahrain strongly addresses the social welfare of children up to 18 years old from all forms of bad treatment and negligence. For instance, the Child Protection Center was established in 2007 as a governmental and central body. It provides health, psychological, legal and family services to children subjected to violence, physical or psychological abuse and neglect. The Child Protection Center also provides monitoring, investigation, treatment and follow-up services to child victims of physical abuse and neglect.

Pursuant to the Domestic Violence Law, the public prosecution and police will be obliged to listen to the parties and any witnesses. In the case of children, they will be in appropriate separate rooms and have the opportunity to state their claims freely and confidentially.^[46]

Pursuant to the Criminal Procedure Law, a witness who is 15 years old will be under oath by saying, before giving testimony, that they swear to say the truth and nothing but the truth. Such oath will be according to the special conditions applicable in their religion, if he so requests. The testimony of an underage witness may be heard without taking the oath.^[47]

It is also important to note that the accused's children and blood relatives can abstain from giving testimony against the accused, provided that the crime has not been committed against the witness of his/her spouse or blood relatives, or that the witness is the person who reported the crime, or if there is other evidence present.^[48]

Although there is no specific mention of different punishments for first-time offenders and repeat offenders, the Penal Code sets out general offenses that may apply to domestic violence. Each of the penalties and sentencing laws of these offenses are set out below:

• Article 336 states that a person who physically assaults another without the intention to kill them but the assaults leads to the death of the victim will receive a prison sentence of up to seven years.
• Article 337 states that the same punishment mentioned above will apply to any person who intentionally causes another a permanent disability. Permanent disability includes an injury that causes the cutting or dismembering of a limb or amputation of a part of a limb, or the loss or deficiency of its use, or the permanent loss of the total or partial functions of one of the senses. A physical deformity that likely cannot be removed is also considered a disability.
• It is considered an aggravating circumstance of both an Article 336 offense and an Article 337 offense if any of the circumstances mentioned in Article 333 apply to the crime. These circumstances include that the crime occurred with stalking/surveillance or premeditation, or if the crime is linked to or is associated with another crime, or if a poisonous or explosive material is used. If the perpetrator was under the influence of drugs or alcohol, this also constitutes an aggravating circumstance in the case of an Article 336 offense.
• As for physical assault that leads to a permanent disability that the perpetrator did not intend to cause, Article 338 states that the punishment for this crime will be a prison sentence for a maximum period of five years. This sentence can increase to up to 10 years if the perpetrator is under the influence of drugs or alcohol, or if any of the Article 333 circumstances mentioned above apply.
• Article 339 states that imprisonment or a fine will be the punishment for any person who attacks the safety of another person's body in any way, and such assault causes the victim illness or the inability to preform personal matters for a period of more than 20 days. If the crime does not lead to that level of gravity, then the penalty will be imprisonment for a maximum period of one year or a maximum fine of BHD 100. It will be an aggravating circumstance if the assault is against a pregnant woman and it leads to a miscarriage.
• Article 342 states that if a person's wrongdoing causes the death of another, the punishment will be imprisonment. If a person's wrongdoing affects the safety of another person's body, Article 343 states that the penalty will be imprisonment for a maximum period of one year or a maximum fine of BHD 100. This penalty can be increased to a maximum of two years of imprisonment, or a maximum fine of BHD 200 if the wrongdoing results in a permanent disability or if the perpetrator was under the influence of drugs or alcohol during the incident.
• Article 343 states that imprisonment for a maximum period of three years or a fine not exceeding BHD 100 will be the penalty for any person whose wrongdoing/mistake affects the safety of another person's body. If the wrongdoing/mistake results in a permanent disability or if the incident occurred due to the intoxication of the perpetrator, the penalty will be imprisonment for a maximum period of two years or a fine not exceeding BHD 200. Imprisonment will be the punishment if the wrongdoing/mistake leads to the victim's death.
• Article 322 states that the penalty for any person who causes a woman to have a miscarriage without her consent will be a maximum prison sentence of 10 years and a prison sentence will also be the punishment if such crime leads to her death.
• Article 334 states that imprisonment will be the penalty for any person who surprises their spouse, catches them in the act of adultery and immediately kills their spouse and his/her partner, or assaults them leading to their death or disability. The right of self-defense is not permitted in this offense.
• Article 357 states that the punishment of imprisonment will be the penalty for a person who captures another person, or detains them or deprives them in any illegal manner of their freedom. A prison sentence will be the penalty if, among other circumstances mentioned in Article 357, the detention lasts longer than a month or the act includes the use of force, a threat to commit murder or bodily harm or acts of physical or mental torture.

It is important to note that the sexual assault and rape offenses mentioned in the Penal Code would not apply to a domestic violence scenario if the parties were married according to Article 353. Please refer to Section 5.3.1 for further clarification.