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 explicitly mentioned in the laws reviewed. It is not clear whether presenting evidence of battered woman syndrome or other domestic abuse can be considered an affirmative defense to crimes the battered woman has committed.
6.2.1 Can courts issue orders to protect employees suffering from domestic violence?
There are no specific orders in relation to protecting employees suffering from domestic violence in the laws reviewed. However, the public prosecution may grant a protection order forbidding the abuser from approaching the locations specified in the order, which at the discretion of the public prosecution may include the workplace.[49]
6.2.2 Can departure be deemed "for good cause" if related to domestic violence?
The laws reviewed do not specify the instances and repercussions of departure in the context of domestic violence.
6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?
Labor Law No. 36 of 2012 in the private sector does not specify instances where paid leave is granted to help family members seeking treatment or help.
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?
In the event that immigrants are treated the same way as citizens of the Kingdom of Bahrain, then the remedies and penalties set out above would apply equally to all individuals. However, the laws that have been reviewed do not explicitly refer to provisions that are intended to prevent abusers who are citizens or permanent residents of the Kingdom of Bahrain from using immigration laws to perpetrate domestic violence against their spouse.
Please note that the definition of "family" in the Domestic Violence Law does not specify the nationality of the wife or any family member as long as the marriage contract is a valid contract.6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?
The laws that have been reviewed do not explicitly refer to provisions under which battered immigrants may obtain immigration remedies in the event of cooperation with law enforcement in domestic violence cases.
6.3.3 Does domestic violence law discuss asylum accessibility?
The Domestic Violence Law does not discuss asylum accessibility.
6.4.1 Can a victim seek a military protective order if the abuser is in active military?
The following laws that have been reviewed do not explicitly refer to a military protective order that can be obtained by a victim:
- the Domestic Violence Law
- the Penal Code
- the Family Law
- the Criminal Procedure Law
- the Civil Code
- the Bahrain Citizenship Act 1963
6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?
We believe that the determination of these child custody decisions would be on a case-by-case basis and pursuant to Family Law and Sharia principles; therefore, there is no specific laws determining the same for cases of domestic violence.
6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?
Yes. Please refer to our answers above.
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 laws reviewed do not explicitly refer to any barriers that may prevent landlords from forcing tenants to move out because they are victims of domestic abuse.
6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?
The laws reviewed do not explore the right to terminate a lease due to domestic violence.
6.6.3 Can an order exclude the abuser from the residence?
No specific order excludes the abuser from the residence; however, there are protection orders that safeguard the victim in a shelter or a safe place. When a domestic violence report is received, the police station transfers the victim to the nearest hospital or health center if necessary. Based on an order from the public prosecution, the victim is transferred to one of the Ministry of Social Development's shelters. The public prosecution can grant a protection order forbidding the abuser from approaching the locations specified in the order; however, there is no express mention of excluding the abuser from his place of residence.[50]
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?
The laws reviewed do not expressly state any provisions by which a court may forbid abusers from alienating mortgaging the property in his/her name if it is the family domicile.