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 Battered Woman Syndrome is not yet recognized by the Czech legal system.
6.2.1 Can courts issue orders to protect employees suffering from domestic violence?
No, courts cannot issue orders to protect employees suffering from domestic violence; Czech law does not regulate this type of court orders.
6.2.2 Can departure be deemed "for good cause" if related to domestic violence?
Whether the departure would be deemed "for a good cause" would most likely depend on the assessment of the specific situation and individual facts.
6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?
Domestic violence is not yet recognized as an obstacle to work on the employee side by Czech law, which means a person in this situation must reach an agreement with their employer and use their own annual leave or another type of arrangement (e.g., unpaid leave, sick days etc.).
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?
No, Czech law does not include such provisions.
6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?
If the victim proposes this no later than 3 months after the attack, the municipal authority will assess whether the attacker committed the offence. The municipal authority can award compensation to the victim and issue a fine to the attacker regardless of the fact that the victim is an immigrant according to the Act on Certain Offenses and Act No. 250/2016 Coll., the Act on Liability for Offenses and Proceedings on them.
6.3.3 Does domestic violence law discuss asylum accessibility?
No, Czech law does not include such provisions.
6.4.1 Can a victim seek a military protective order if the abuser is in active military?
No, Czech law does not include this type of military protective orders.
6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?
No, Czech law does not regulate special rules for domestic violence cases; the court decides on entrusting children to parental care depending on other factors, including the testimony of the parents. There is no provision specifying that where domestic violence takes place between parents, the child must be with a parent who is not the aggressor.
6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?
Yes, for the judge determining the custody, the best interests of the child are important. Not only ties to both parents are taken into account, but also the possible background or educational abilities of the parents. How both parents participated in the upbringing is also important.
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?
No, Czech law does not include such provisions.
6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?
No, Czech law does not include such provisions.
6.6.3 Can an order exclude the abuser from the residence?
Yes, the Police Act regulates the possible banishment of the violent person from the place of cohabitation by the police. Moreover, the Civil Code provides the court with a possibility to limit or exclude the right of the spouse to reside in the place of cohabitation with the other spouse for a determined period if further cohabitation becomes unbearable due to physical or mental violence.