6. Special issues | United Arab Emirates | Fighting Domestic Violence

6.1 Battered woman syndrome

6.1.1 Can lawyers present evidence of battered woman syndrome or other domestic abuse as an affirmative defense to crimes that the battered woman has committed? (Note: Battered Woman Syndrome is accepted by courts in certain jurisdictions to show that battered women can use force to defend themselves and sometimes kill their abusers due to abusive and life-threatening situations.)

The concept of battered woman syndrome is not a defense in itself, but the courts will consider whether the victim was defending herself at a reasonable level (and in doing so committed the crime).

6.2 Domestic violence in the workplace

6.2.1 Can courts issue orders to protect employees suffering from domestic violence?

This matter is not addressed under UAE laws but a UAE court has the discretion to issue such order at its discretion.

6.2.2 Can departure be deemed "for good cause" if related to domestic violence?

The concept of "for good cause" is not recognized as such under UAE laws.

6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?

This is not dealt with under UAE laws and will be subject to the agreement with employer.

6.3 Immigration

6.3.1 Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents from using immigration laws to perpetrate domestic violence against their spouse?

The working spouse/parent must sponsor the non-working expatriates to be able to reside in the UAE. This gives significant control to the sponsor over the sponsored family members, which can lead to abuse of such power.

6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?

Yes, the immigration authorities have the right to provide temporary sponsorship to replace the sponsor but this is rarely used.

6.3.3 Does domestic violence law discuss asylum accessibility?

No.

6.4 Armed forces

6.4.1 Can a victim seek a military protective order if the abuser is in active military?

The 2019 Federal-Decree Law No. 10 does not differentiate between military and non-military abusers.

6.5 Child custody and child/spousal support

6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?

In matters of custody, UAE courts follow the principles of Sharia law, which would be dealt with on a case-by-case basis.

6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?

Yes.

6.6 Housing rights of domestic violence victims

6.6.1 Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?

There are limited circumstances within which a landlord can force a tenant to leave a premises and this is not one of them.

6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?

No.

6.6.3 Can an order exclude the abuser from the residence?

Yes, if convicted in a criminal case, the court can prohibit the abuser from residing in a certain place or even prohibit the abuser from visiting certain public places. Please see Articles 110-114 from the Federal Penal Code.

6.6.4 Can abusers be forbidden by court orders to alienate or mortgage the property in his/her name if it is the family domicile?

No, but if the abuser is a father, he is responsible for providing a house for the family.

Fighting Domestic Violence

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