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.)
The law does not name battered woman syndrome or domestic violence as an affirmative defense, but it appears possible for a victim of domestic violence to avail himself/herself of the defense of insanity, detailed above (Article 27 of the PC).
6.2.1 Can courts issue orders to protect employees suffering from domestic violence?
Yes, protection orders can be imposed to prevent the aggressor from visiting the victim's permanent or temporary place of residence, or their place of work or study (Article 7(j) of the LADV).
6.2.2 Can departure be deemed "for good cause" if related to domestic violence?
Yes, absence from work and lack of punctuality to work are justified if motivated by the physical situation or psychological issues derived from any type of violence (Article 24 of the SCVW).
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
6.3.1 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
6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?
N/A
6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?
N/A
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
6.6.3 Can an order exclude the abuser from the residence?
Yes, as mentioned above, protection orders can be imposed to prevent the aggressor from visiting the victim's permanent or temporary place of residence, or their place of work or study (Article 7(j) of the LADV).
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 law grants the exclusive use and management of the home to the victim for a specified period. Family housing/property should be especially safeguarded (Article 7(l) of the LADV).