The family is the fundamental building block of societal stability. Recognizing the severe impact of domestic violence on the social and psychological security of individuals, the New Domestic Violence Law in Kuwait 2026 (officially known as Decree No. 11 of 2026) has been officially enacted. This new legislation replaces the previous law (Law No. 16 of 2020), addressing its legislative shortcomings and providing immediate, effective protective measures for victims.
Whether you are facing any form of abuse within your family or have been subjected to a malicious and false accusation, understanding your rights under this new law is your first step toward safety. At Al-Dostour Law Firm, we provide you with this detailed legal guide, supported by the texts of the new law, to serve as your protective shield during crises.
Definition of Domestic Violence and Protected Categories in the New Law
The Kuwaiti legislator has expanded the scope of protection to encompass all forms of abuse. Article (1) of the law definitively defines domestic violence as: “Any act, omission, or threat thereof committed by a family member against one or more members… inflicting physical, psychological, sexual, or financial harm, which entails a penal sanction.”
1. Legally Criminalized Forms of Abuse
The law accurately specifies the forms of abuse to cover all aspects of harm:
-
Physical Abuse: Any assault by any means on the victim’s body.
-
Psychological Abuse: Any act or word that leads to psychological harm to the victim.
-
Sexual Abuse: Any act involving sexual assault or exploitation.
-
Financial Abuse: Any act that damages the victim’s money or property, or deprives them of their right or freedom to dispose of it.
2. Who Are the Protected Family Members?
The law does not only apply to the husband and wife. Article (1) stipulates that family members include:
-
Spouses with an official marriage contract.
-
Relatives by blood up to the second degree.
-
Children of either spouse from an official marriage.
-
Individuals united by a custody bond.
-
Those covered by alternative family custody under applicable legislation.
Al-Dostour’s Role: As an expert domestic violence lawyer in Kuwait, we meticulously analyze your incident to ensure the law’s definitions apply, legally framing the facts to guarantee the acceptance of your complaint by the Public Prosecution.
The Role of State Institutions and Shelters in Protecting Victims
The new law introduces robust institutional mechanisms to ensure the protection and rehabilitation of victims:
Safe Shelters
Article (5) mandates the establishment of shelters for victims, specialized in providing “shelter for victims whom the investigating authority or the court orders to be hosted.” These centers also handle “providing family, psychological, social, and health counseling, rehabilitation services for the victim and the abuser,” as well as “providing legal assistance to the victim when needed.”
Victims’ Care Fund
According to Article (6), a “fund for the care of victims and those under their care or custody” will be established to secure care, limit domestic violence crimes, and rehabilitate perpetrators.
How to Report Domestic Violence? (Procedures and Confidentiality)
The law places the responsibility of combating domestic violence on the entire community. Article (11) explicitly states: “Anyone who witnesses or learns of a case of domestic violence must report it to the competent administration, the police station, or the competent investigating authority.”
The legislator assures whistleblowers that they enjoy “legal protection from the time the report is submitted… with a commitment to maintaining confidentiality and not disclosing their identity.”
What Happens When You File a Report?
Upon receiving a report, strict measures are taken to protect the victim, including:
-
Listening to parties and witnesses, including children, in separate rooms to ensure freedom and confidentiality.
-
Taking necessary procedures to transfer the victim to the nearest hospital or to forensics when necessary.
Al-Dostour’s Role: We handle drafting and submitting reports on your behalf to the competent authorities, ensuring that all physical or financial damages are legally documented to secure your rights.
Urgent Protection Orders: Your Immediate Legal Shield
Issuing a domestic violence protection order is the beating heart of the new law. It is the tool we use at Al-Dostour Law Firm to keep danger away from you immediately.
Article (15) states: “In the event of a grave danger threatening the life, health, or safety of the victim, an urgent protection order request may be submitted to the competent court and considered before the Urgent Matters Judge.”
What Does a Protection Order Include in Decree No. 11 of 2026 ?
A protection order may include strict measures against the abuser, such as:
-
Prohibiting any form of contact or harassment against the victim or family members.
-
Evicting the abuser from the victim’s residence for a specified period.
-
Determining an alternative residence for the victim, obligating the abuser to pay fair housing compensation.
-
Paying temporary alimony for three months (renewable) for those covered by the order.
-
Paying treatment costs resulting from the committed violence.
-
Imposing a police guard for the victim or any of their family members.
Retrieving Personal Belongings with Police Force
Furthermore, Article (16) allows the victim to “request the issuance of an order enabling them, or their representative, to receive their personal belongings.” The law mandates that entering the residence to receive belongings must be “accompanied by a police force and a judicial officer.”
Amicable Settlement and When is Waiving Cases Prohibited?
Kuwaiti law always seeks to preserve the family. Therefore, Article (8) permits attempting to settle the dispute amicably through the competent administration “provided both parties agree.”
Cases Where Waiving and Reconciliation are Strictly Prohibited
To protect vulnerable victims from family pressure to drop charges, Article (9) introduced a decisive ruling: “It is not permissible for the victim or their legal representative to waive the complaint, reconcile with the abuser, or pardon them in any of the following cases”:
-
Crimes and acts of sexual abuse.
-
Domestic violence crimes committed against children or those lacking/having diminished legal capacity.
-
Domestic violence crimes committed against a parent by their children.
Deterrent Penalties for Violators in the New Domestic Violence Law in Kuwait 2026
The Public Prosecution has exclusive jurisdiction over investigating and prosecuting these crimes. The legislator has set severe penalties to ensure deterrence:
-
Violating a Protection Order: Punishable by imprisonment for a period of one to three months, and a fine of up to 1,000 KD. If accompanied by a new act of violence, the penalty increases to up to six months in prison and a fine of 2,000 KD.
-
Coercion to Waive the Case: Anyone who coerces the victim to withdraw their complaint is punished by up to six months in prison and a fine of up to 1,000 KD.
-
False Reporting: To protect individuals from malicious slander, anyone who submits a false report is punished by up to two years in prison and a fine of up to 500 KD.
Prohibition of Defamation and Ensuring Absolute Family Privacy
Article (26) stipulates that “all communications, correspondence, and procedures related to domestic violence cases… enjoy absolute confidentiality.” Moreover, Article (22) strictly prohibits defamation: “It is prohibited to publish, broadcast, or transmit any information about domestic violence cases containing the names or pictures of the accused.” Violators face imprisonment and a fine of up to 5,000 KD.
Why Choose Al-Dostour When Looking for a Family Lawyer in Kuwait?
Domestic violence cases touch the core of your life and personal safety. With the extensive experience of our legal team since 2004, led by Dr. Talal Taqi:
-
Speed and Decisiveness: We move immediately to draft and submit an “urgent protection order request” to the competent court.
-
Absolute Confidentiality: We guarantee complete privacy and manage your case away from any defamation.
-
Strategic Defense: We possess the criminal acumen to reveal the truth and apply the “false reporting” penalty against slanderers in malicious accusation cases.
-
Professional Representation: We robustly represent you before the Public Prosecution and courts to ensure your rights are protected.
Do not leave your safety and the safety of your children to chance. 📞 Contact Al-Dostour Law Firm now to book your confidential legal consultation, and let us take immediate action to protect you.
Frequently Asked Questions About the New Domestic Violence Law (FAQ)
Is deprivation of personal expenses considered domestic violence punishable under the New Domestic Violence Law in Kuwait 2026?
Yes, absolutely. The new law explicitly criminalizes u0022Financial Abuse,u0022 defining it as any act that damages the victim’s money or deprives them of their right to dispose of it. This entails penal sanctions and urgent protection orders.
What should I do if the abuser prevents me from taking my clothes and personal belongings from the house?
Our lawyers at Al-Dostour can submit an urgent request to the court to issue an order enabling you to receive your belongings. Entering the residence will be accompanied by a police force to ensure your complete safety.
Can my spouse drop the case after reporting a family dispute to the police?
It depends on the type of charge. The law allows for amicable settlement, but Article 9 strictly prohibits waiving or reconciliation (even with the spouse’s consent) if the violence was directed against children or in cases of sexual abuse.
Will my family’s name be defamed in the news and courts if I file a domestic violence case?
Do not worry at all. Article 22 strictly prohibits publishing or broadcasting any names or pictures of the disputing parties in the media or social media, imposing a fine of up to 5,000 KD and imprisonment for anyone who does so, ensuring absolute confidentiality for the family.
