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.)
Battered woman syndrome is not expressly contemplated in Argentine laws and regulations as an affirmative defense that can be alleged by battered women. However, we understand that this defense could be made before an Argentine court by linking it to some of the expressly contemplated affirmative defenses, such as violent emotion and self-defense (which were indicated above).
6.2.1 Can courts issue orders to protect employees suffering from domestic violence?
Yes. According to Law No. 26,485, if an employee suffers gender-based violence in her workplace, the court can grant precautionary and urgent measures such as: (i) order that the alleged aggressor does not approach the workplace of the woman who suffers violence; (ii) order that the alleged aggressor cease any acts of disturbance or intimidation; (iii) prohibit the alleged aggressor from purchasing and possessing weapons, and order that those in his possession are seized; (iv) arrange measures to provide those who suffer or exercise violence with medical or psychological assistance through public agencies and civil society organizations with specialized training in the prevention and care of violence against women; (v) order security measures at the woman's home; and (vi) order all other measures necessary to guarantee the safety of the woman who suffers violence, stop the situation of violence and avoid the repetition of any act of disturbance or intimidation, aggression and mistreatment of the aggressor toward the woman.
6.2.2 Can departure be deemed "for good cause" if related to domestic violence?
The law does not establish anything in this regard. Consequently, departure related to domestic violence is not consider "for good cause."
6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?
No, the law does not establish anything in this regard.
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?
The law does not establish anything specific in this regard. Nevertheless, if a foreign person with permanent residency is involved in a criminal process — including a process regarding injuries caused by domestic violence — he can be expelled from the country and his permanent residence or citizenship denied.
6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?
No, the law does not establish anything in this regard.
6.3.3 Does domestic violence law discuss asylum accessibility?
Women and children can individually request protection and asylum in Argentina due to sexual-based and gender-based violence.
6.4.1 Can a victim seek a military protective order if the abuser is in active military?
The law does not establish anything in this regard. Nevertheless, if the victim and the aggressor are both in the military, the aggressor may be removed from his military unit, but the victim cannot seek a military protective order.
6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?
There is no special rule to determine the custody or visitation of children in domestic cases. Nevertheless, if the minor is a victim of domestic violence, as a precautionary measure, the judge can: (i) grant custody to a member of their group family, by consanguinity or affinity, or with other members of the extended family or community; (ii) order a provisional suspension of the visitation regime; and (iii) order the alleged aggressor to refrain from interfering, in any way, in the exercise of the care, upbringing and education of the children.
6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?
Yes. To determine custody, the judge must listen to the children and both spouses.
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?
Housing rental agreements must be governed by the Argentine Housing Rental Law, which does not establish any barrier preventing landlords from forcing a tenant to move out because they are a victim of domestic violence.
6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?
The Argentine Housing Rental Law does not establish anything in this regard.