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.)
Evidence of battered women syndrome or other domestic abuse can be presented as evidence to mitigate a crime that the battered woman has committed.
6.2 Domestic violence in the workplace

6.2.1 Can courts issue orders to protect employees suffering from domestic violence?
N/A
6.2.2 Can departure be deemed "for good cause" if related to domestic violence?
N/A
6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?
N/A
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?
N/A
6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?
N/A
6.3.3 Does domestic violence law discuss asylum accessibility?
N/A
6.4 Armed forces

6.4.1 Can a victim seek a military protective order if the abuser is in active military?
N/A
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?
The default position is that the mother of the child is deemed the custodian unless she is otherwise shown to be unfit. Child custody does not follow a ruling on domestic abuse. The matters are considered separate and would be causes of action subject to separate hearings. However, evidence of domestic abuse can be presented as evidence in a child custody matter.
6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?
Yes.
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?
N/A
6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?
This would be considered a legally separate issue; however, evidence of domestic violence can be presented at a tenancy termination hearing.
6.6.3 Can an order exclude the abuser from the residence?
Yes.
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, this would be considered a legally separate matter, dependent on the factual circumstances and the judge's discretion.