Fighting Domestic Violence

Sweden

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6. Special issues
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6. Special issues Start Comparison
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.)

Yes. As mentioned above, self-defense can sometimes be considered a circumstance that excludes liability. Such self-defense can also exclude liability even though the threat or the violence is merely fictive, given that the circumstances otherwise give the victim reason to believe he or she acts in self-defense and that there is an overhanging or ongoing threat (putative self-defense).

6.2 Domestic violence in the workplace
6.2.1 Can courts issue orders to protect employees suffering from domestic violence?
There are no specific provisions in Swedish labor law regarding domestic violence protection in Sweden. 
6.2.2 Can departure be deemed "for good cause" if related to domestic violence?
Please refer to section 6.2.1.
6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?

Please refer to section 6.2.1.

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?

Although the Swedish Aliens Act (2005:716) (Utlänningslagen) specifically mentions "gender" and "sexual orientation" as a ground for asylum, there are no specific provisions in Swedish immigration law regarding domestic violence protection for battered immigrants. Battered immigrants cannot obtain any immigration remedies for cooperating with law enforcement, and domestic violence laws do not regulate asylum accessibilities. 

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

Please refer to section 6.3.1.

6.3.3 Does domestic violence law discuss asylum accessibility?
Please refer to section 6.3.1.
6.4 Armed forces
6.4.1 Can a victim seek a military protective order if the abuser is in active military?

There is no specific military law in this respect and armed forces personnel are subject to normal law. Hence, there are no military protective orders for victims of abusers in the active military. However, as detailed above, contact bans may be issued. 

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. In accordance with Section 6, Chapter 2 a of the Parental Act, the "best interests of the child" must be decisive for all decisions regarding custody, housing and visitation. When assessing the best interests of the child, courts must pay special attention to the risk that the child or someone in the family is being abused or that the child has been illegally abducted or detained, or otherwise maltreated.

However, this must be balanced with the child's need for close and good contact with both parents. 

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

Yes, taking into account the age and maturity of the child.[10]

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?

Yes. Chapter 12, Section 46, para. 2 of the Land Code (1970:994) (Jordabalken) states that a crime from a related person may be considered for a landlord to extend a lease. Chapter 12, Section 5 of the Land Code states that a tenant or landlord may always terminate a sublease with three months' notice. For leasing, the tenant may terminate the lease with one month's notice, and the landlord with three months' notice in accordance with Section 3 of the Leasing of Housing Act (2012:978) (Lag om uthyrning av egen bostad).

6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?
Please refer to section 6.6.1.
6.6.3 Can an order exclude the abuser from the residence?

Yes, as detailed above, Chapter 1 a, Section 1 of the Restraining Order Act (Lag om kontaktförbud) (1988:688) states that a restraining order can be issued toward an abuser excluding the abuser from a residence shared with the victims of domestic violence. However, the restraining order can only be issued if the abuser can access their personal belongings, e.g., clothes, work material and mail.

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?
Yes. If the abuser is in a relationship, unmarried or married, and shares property with the victim of domestic violence, Section 23 of the Cohabitees Act (2003:376) (Sambolagen) and Chapter 7, Section 5 of the Marriage Act (1987:230) (Äktenskapsbalken) states that the property cannot be mortgaged without the prior written consent of both cohabitees.
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