6. Special issues | Denmark | 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 Danish legal system does not explicitly recognize battered woman syndrome as an affirmative defense to crimes in itself. Given that self-defense is provided for in Chapter 10, Section 82 of the Danish Criminal Code, it is possible for lawyers to present evidence of battered woman syndrome or other domestic abuse with the aim to prove that the woman acted in self-defense. Please also see the response in Section 5.3.

6.2 Domestic violence in the workplace

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

The Danish legal system does not address domestic violence, but general provisions on civil protection orders are available to victims of domestic violence. See the Danish Law on Detention, Restraining Order and Exclusion (lov om tillhold, opholdsforbud og bortvisning). Further, please see the response to the question "Are there civil protection orders available to victims of domestic abuse?"

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

N/A

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

N/A

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?

Not explicitly, as the Danish legal system does not address domestic violence. However, foreigners who have lawfully resided in Denmark for more than nine consecutive years or persons who have a residence permit and who have lawfully resided in Denmark for more than eight consecutive years can be expelled under Chapter 4, Section 22 of the Aliens Act (Udlaendingeloven) for, among other things, physiological violence, assault, serious/aggravated assault and highly aggravated assault.

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

The Danish legal system does not address domestic violence.

6.3.3 Does domestic violence law discuss asylum accessibility?

The Danish legal system does not address domestic violence.

6.4 Armed forces

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

Please refer to the explanation on the civil protection orders available to victims above.

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?

Yes, the Danish legal system stipulates that the best interests of the child should be considered and that the child's rights to protection and well-being should be of the highest priority (see Chapter 1, Sections 1-4 of the Parental Responsibility Act (Foraeldreansvarsloven)).

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

Yes. When determining custody, both parties should be called to a meeting with the regional state administration and the child's view should be considered (see Chapter 6, Sections 31-34 of the Parental Responsibility Act (Foraeldreansvarsloven)), unless it is deemed to be damaging to the child or considered unnecessary given the circumstances of the case.

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?

The Danish Rent Act (Lejeloven) does not include any specific barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence. Under Chapter 14, Section 93j of the Danish Rent Act, a landlord may dissolve the rental contract if the tenant or a member of the tenant's household is sentenced to any unconditional prison sentence or other custodial sentence for breaching Articles 244-246, Article 260 and Article 266 of the Danish Criminal Code, e.g., highly aggravated assault, serious/aggravated assault, assault, duress and threat, which are acts of domestic violence according to Article 3b of the Convention.

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

No specific provisions allow a tenant to terminate their lease early due to domestic violence.

6.6.3 Can an order exclude the abuser from the residence?

Yes. See "removal order" under the question "Are there civil protection orders available to victims of domestic abuse?"

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?

This is not dealt with in the Danish legal system.

Fighting Domestic Violence

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