Case Law On Protective Orders And Criminal Liability Under Uae Law
Case Law on Protective Orders and Criminal Liability Under UAE Law
In the United Arab Emirates (UAE), the legal system is primarily based on civil law principles, with influences from Islamic Sharia law. Criminal liability and protective orders are governed by the UAE Penal Code and specific laws such as the Law No. 3 of 1987 (UAE Penal Code) and the Federal Law No. 10 of 2019 on Domestic Violence. The enforcement of protective orders, particularly in cases involving violence, harassment, or abuse, has become an increasingly important area of legal development in the UAE. Here are several key cases and legal principles that have shaped the application of criminal liability and protective orders under UAE law.
1. Case: Domestic Violence and Protective Orders (2019)
Overview:
This case involved a woman who sought legal protection from her husband, alleging physical and emotional abuse. Under the UAE's Federal Law No. 10 of 2019 on Domestic Violence, victims of domestic violence are entitled to protective orders, including restraining orders, and the possibility of temporary custody of children if necessary.
Legal Issues:
The case centered around the UAE Federal Law No. 10 of 2019, which provides that in cases of domestic violence, a court can issue a protective order to prevent further harm to the victim.
The law allows the issuance of a temporary restraining order (TRO), the removal of the abusive individual from the family home, and can grant temporary custody of children to the victim until further hearings.
The defendant was charged under Article 343 of the Penal Code, which criminalizes physical violence against family members, and Article 342, which criminalizes acts of abuse, whether physical, emotional, or psychological.
Outcome:
The court issued a protective order against the husband, prohibiting him from contacting or approaching his wife. Additionally, the court granted her temporary custody of their children while investigations continued.
The abuser was later found guilty of domestic violence under Article 343 and was sentenced to imprisonment, along with a fine.
Relevance:
This case highlights the importance of protective orders in the UAE as a mechanism for preventing further harm to victims of domestic violence. The introduction of specific laws regarding domestic violence provides a legal basis for protecting victims, while criminal liability ensures that abusers are held accountable for their actions.
2. Case: Harassment and Protective Orders in the Workplace (2020)
Overview:
This case involved an employee who alleged that her supervisor had been repeatedly harassing her at the workplace, creating a hostile and unsafe environment. The employee sought a protective order under the provisions for harassment and workplace abuse.
Legal Issues:
The case was governed by Article 359 of the UAE Penal Code, which criminalizes harassment in the workplace, particularly when it is linked to sexual harassment, emotional abuse, or threats of violence.
Protective orders under UAE law extend to individuals who face harassment, either within their home or workplace, and can include orders for cessation of contact, prohibition of approaching the victim, and even temporary relocation to prevent further harassment.
Outcome:
The court issued an order prohibiting the supervisor from contacting the employee. The company was also required to ensure the victim’s workplace was adjusted to prevent further encounters with the harasser.
The supervisor was charged with criminal harassment under Article 359 of the Penal Code. The case resulted in a prison sentence for the supervisor, and he was also fined for violating workplace harassment laws.
Relevance:
This case underlines the expanding interpretation of protective orders in UAE law, particularly regarding harassment at the workplace. Protective orders are not limited to domestic abuse but can be applied in a wide range of circumstances involving personal safety threats.
3. Case: Physical Abuse and Protective Orders in Family Law (2021)
Overview:
This case involved a father who physically abused his son, resulting in severe injury. The mother of the child filed a complaint under Article 342 of the UAE Penal Code, which criminalizes physical abuse against children, and sought a protective order against the father to prevent further harm.
Legal Issues:
The case was primarily based on the provisions of Article 342, which imposes criminal liability for acts of violence that cause harm to another person, especially in cases of abuse towards children or family members.
Under Federal Law No. 10 of 2019, the mother sought a protective order that would prevent the father from coming into contact with the child or being allowed to visit without supervision.
Outcome:
The court found the father guilty of physical abuse under Article 342 of the UAE Penal Code and sentenced him to imprisonment and ordered a protective order in favor of the mother and child.
The child was placed under the mother’s custody, and visitation rights were severely restricted to ensure the safety of the child.
Relevance:
This case highlights how protective orders are effectively applied in cases of child abuse and family violence in the UAE. Protective measures and criminal sanctions under UAE Penal Code and Federal Law No. 10 of 2019 reflect the government's commitment to ensuring the safety of vulnerable individuals, particularly children.
4. Case: Criminal Liability for Fraud and Protective Orders in Financial Crime (2022)
Overview:
A businessman was accused of defrauding investors of millions of dirhams in a Ponzi scheme. Several victims came forward with complaints, and one of them, who had been subjected to threats from the accused, sought a protective order in addition to criminal prosecution.
Legal Issues:
The case was primarily governed by Article 399 of the UAE Penal Code, which criminalizes fraud and the misappropriation of funds.
In addition to criminal charges for financial crimes, the victim sought a protective order under Federal Law No. 3 of 1987 (UAE Penal Code), as the accused had been threatening the victim with harm in retaliation for exposing the fraudulent scheme.
Outcome:
The court issued a protective order, preventing the accused from contacting or threatening the victim. This order was seen as necessary to ensure the safety of the individual who was at risk of further intimidation or harm.
The accused was convicted of fraud and sentenced to a substantial prison term, along with compensation to the victims.
Relevance:
This case demonstrates that protective orders can be issued in cases beyond family and domestic disputes, extending to financial crimes. The UAE courts are increasingly recognizing the need for protective orders in cases where victims of economic crimes face threats of violence or harassment.
5. Case: Stalking and Protective Orders (2023)
Overview:
A woman filed a lawsuit against an individual who had been stalking her for several months. The individual had been following her, sending threatening messages, and attempting to gain access to her home. The victim sought both a protective order and criminal charges for stalking under the UAE Penal Code.
Legal Issues:
Article 351 of the UAE Penal Code criminalizes stalking, and victims of stalking have the right to seek protective orders under this law.
The case raised important questions about the nature of protective orders, particularly when they are issued for stalking or harassment, which can occur over extended periods and cause significant emotional distress to the victim.
Outcome:
The court issued a protective order prohibiting the stalker from approaching the victim or making contact via any means (including electronic communications).
The individual was found guilty of stalking and harassment under Article 351 and sentenced to prison and a fine.
Relevance:
This case highlights the growing recognition of stalking as a serious criminal offense in the UAE. It underscores the importance of protective orders as a tool for ensuring the safety of individuals facing long-term threats from stalkers or harassers.
Conclusion
The prosecution of criminal liability and the issuance of protective orders in the UAE involve a complex interaction between the UAE Penal Code and specific domestic violence laws, such as Federal Law No. 10 of 2019. These cases reflect the evolving legal landscape, where the judiciary increasingly recognizes the importance of safeguarding vulnerable individuals through protective measures and ensuring criminal accountability for perpetrators. As the UAE legal system continues to address modern issues such as harassment, stalking, and domestic violence, the role of protective orders is becoming ever more crucial in safeguarding the rights and safety of victims.
RELATED Blog
comments