Battered woman syndrome is a theory recognized in the field of psychology and criminal studies, but it is not automatically considered as a justification for crimes committed by women who suffered abuse: it depends on the circumstance in which the crime is being committed.
More often, in cases concerning homicide, what happens is that instead of being considered liable for voluntary homicide, the abused person who commits the crime is considered liable for negligent excess of self-defense. This means that the offense is recognized as punishable, but the penalty is lower because of the fact that all the circumstances of the previous abuse are being taken into account.
There are no specific provisions in this respect.
There are no specific provisions in this respect.
There are no specific provisions in this respect.
Yes, a residence permit of one year can be issued for humanitarian reasons where law-enforcement authorities or social services ascertain a situation of violence against a foreign national, threatening his or her safety.[46] A permit is valid for one year and can be renewed if the dangerous conditions that caused it to be issued persist. Italy implemented Section 59, paragraph 1, of the 2011 Istanbul Convention requiring that victims of domestic violence be provided with autonomous residence permits in the event of particularly difficult circumstances.[47]
Italian law[48] describes the relevance of gender to substantiate asylum claims and expressly recognizes female genital mutilation as grounds for the recognition of refugee status.
Moreover, Italian law explicitly refers to "acts of physical or psychological violence including sexual violence" as grounds for the recognition of refugee status.[49]
Finally, express reference is made to "humanitarian protection status"[50] to describe the type of protection to be granted to foreign citizens seeking asylum who do not qualify for refugee status under the terms of the 1951 UN Refugee Convention but still require protection. In this respect, the Italian authorities (i.e., the police) could issue a residency permit for such foreign citizens with the prioritization of cases involving people with specific needs, including survivors of gender-based violence, and for women seeking asylum to be interviewed, as much as possible, by female interviewers and interpreters.
There is no specific military law in this respect. Armed forces personnel are subject to ordinary laws; hence, there are no military protective orders for victims of abusers in the active military.
No, there are no special rules to determine custody or visitation of children in domestic violence cases.
Therefore, the general rule will apply. Thus, the judge will take into account the "best interests of the child".[51]
The judge can consider the testimonies of the other spouse when considering custody.
As regards the child, the judge can consider the testimonies of the children when considering custody depending on the age of the children.[52]
Hence, if the children are more than 12 years old, their testimonies must be considered. Otherwise, if the children are younger than 12 years old, their testimonies can be considered only if the judge deems that the children are capable of judgment.
Landlords may not force a tenant to move out if the tenant is the victim of domestic violence. Domestic violence suffered by a tenant is not a legitimate ground to terminate a lease against the tenant.
On the other hand, if the landlord is the victim of domestic violence — and, therefore, needs to exit the dwelling to escape violence, thus needing new accommodation — then the landlord may terminate any residential lease they might have entered into in relation to their premises based on the fact that the landlord needs such (previously leased) premises for their own current residential use.[53] However, such termination may occur only at the first or second expiration date of the lease (i.e., not at any time during the lease).
A tenant under a residential lease may terminate the lease on "serious grounds",[54] by serving a six-month advance notice to the landlord. Domestic violence would qualify as a serious ground for termination.
Yes, the judge can order the abuser to stop the violence and can exclude the abuser from the place of residence.[55]
In addition, if needed, the judge may also forbid the abuser from approaching those places usually attended by the victim of domestic violence (for example, their place of work, the dwelling of the victim's parents, their children's school, etc.).
Such restraining orders cannot exceed one year, but can be extended upon at the request of the victim for serious reasons and for the time strictly necessary.
An abuser that owns in whole or in part the property that is used as the family residence may not be forbidden by means of a court order to alienate or mortgage the property as a direct consequence of their violent domestic behavior.
However, within the context of a legal separation, divorce or termination of a "civil partnership," the spouse or the partner (whether or not a victim of domestic violence) may obtain the right to enjoy the family residence by means of a court decision[56]. The court order granting such right of enjoyment of the family residence can be recorded with the Real Estate Registry for the purposes of enforceability vis-à-vis any third parties acquiring any real estate right over the family residence (including a new owner).
If duly recorded with the Real Estate Registry, the court order granting the right of enjoyment of the family residence is enforceable vis-à-vis third parties (as said, including a new owner) so long as the family residence is assigned to the spouse. If not recorded, the right of enjoyment of the family residence is enforceable vis-à-vis any third party acquiring real estate rights over the relevant property only (i) if the property was acquired through a contract entered into after the date of issuance of the court order and (ii) for nine years starting from the date of same court order.