Yes, lawyers can present evidence of battered woman syndrome or other domestic abuse as a self-defense argument.
Colombian law does not state the specific situations where the self-defense argument can be used. However, the Criminal Code does establish that there is absence of criminal responsibility when "it is acted on by the need to defend a right of one's own or that of others against unjust current or imminent aggression" (Article 32 Section 6, Criminal Code). To this extent, there is no reason to dismiss evidence of battered woman syndrome or other domestic abuse as an affirmative defense to crimes the battered woman has committed. Please note that his theory has not yet been developed by the courts.The protection for employees suffering from domestic violence is not expressed in the law. However, Law 1257 states that the statement of the rights and guarantees contained in the legal system does not prevent a broader interpretation of the law and of the rights that are inherent to women but not expressly included in the text (Article 5).
To this extent, if a court decides to issue protective orders to employees suffering from domestic violence, the measures in Article 17 of Law 1257 could be extended to employees as well. These protective measures include, without limitation, requiring the aggressor not to approach the victim (physically or through electronic means), removal of firearms, police protection, etc.
Likewise, it must be noted that Law 575 of 2000 transferred the authority to issue orders of protection from judges to family commissioners, who thereby were given judicial administrative powers. In this regard, both judges and family commissioners have the ability to issue orders of protection when women are victims of violence.No, departure cannot be deemed "for good cause" if related to domestic violence.
Article 62 of the Labor Code establishes an exhaustive list of serious misconduct or situations that give the employer the ability to terminate an employment agreement unilaterally. However, domestic violence is not included in the list.
The list does include preventive detention of the worker for more than 30 days, unless they are later acquitted, and a correctional arrest that exceeds eight days, or even for a shorter time, when the cause of the sanction is sufficient by itself to justify the termination of the contract. Therefore, if the abuser is arrested due to domestic violence or any other crime, the employer could release them.No, reasonable (paid) leave to help domestic violence victims to seek treatment or obtain help and services is not considered by labor law. However, parties can seek agreements over an unpaid leave of absence.
In Colombia, the most common types of employee leave are:
- annual leave — paid time off (PTO)
- a serious health condition that makes the employee unable to do the essential functions of their job
- maternity/paternity
- bereavement
- domestic calamity
No, Colombian Law does not include specific provisions that are intended to prevent abusers who are citizens or permanent residents of Colombia from using immigration laws to perpetrate domestic violence against their spouse.
On the other hand, if a non-Colombian citizen commits acts of violence in Colombia or is the subject of constant complaints that affect public coexistence, they could be deported, as per Decree 4000 of 2004.Yes, judges must follow special rules to determine custody or visitation of children in domestic violence cases.
The Constitutional Court has stated that the protection of children's rights cannot override the right of women to live without violence. The competent authorities must always weigh whether a person who commits violent acts against their former partner can be a good role model for raising minors. Consequently, the right of custody and visitation must be analyzed in light of women and children's rights.Yes, the judge can consider the testimonies of the other spouse and the children when determining custody.
In Colombia, testimonies are not limited to the spouse and the children when determining custody. All kinds of testimonies can be requested as proof.Yes, an order can exclude the abuser from the residence.
One of the orders that judges can adopt as per Law 1257 is to remove and exclude the abuser from the residence of the domestic violence victim, regardless of ownership of the residence.Yes, abusers can be forbidden by court orders from alienating or mortgaging the property in their name if it is the family domicile.
According to Article 17 of Law 1257, a wide variety of measures can be included in orders of protection in addition to ordering the aggressor to stop the acts of violence, including:
Prohibit the abuser from carrying out any act of alienation or encumbrance of property owned by them, subject to registration, if they are subject to a conjugal community. To this extent, the Judge will request competent authorities and the measure will be decreed by a Judicial Authority.