Domestic violence, what can you do?

written by Joy Rauchenstein

Domestic violence is not a private matter. Swiss law provides victims with both criminal and civil law remedies.

What counts as domestic violence?

Domestic violence is not limited to physical assaults. Systematic psychological abuse (constant insults, humiliation, intimidation and aggressive behaviour) is also recognised in law and can form the basis for protective measures. It is particularly serious if children are also exposed to this stressful environment.

Criminal law options

Domestic violence often constitutes several criminal offences: assault (Art. 123 of the Swiss Criminal Code), battery (Art. 126 of the Swiss Criminal Code), threats (Art. 180 of the Swiss Criminal Code), coercion (Art. 181 of the Swiss Criminal Code), as well as verbal abuse and defamation (Art. 177 and Art. 173 of the Swiss Criminal Code respectively).

In cases of domestic violence, the principle of ex officio prosecution applies. Prosecution is initiated automatically as soon as the police become aware of the matter. However, those affected can file a complaint themselves at any time, which may speed up the process and trigger the preservation of additional evidence.

Anyone experiencing domestic violence should contact the police or victim support services as soon as possible.

Civil law remedies

Immediate protection: Super-provisional measures

In urgent cases, the court may order super-provisional measures without hearing the other party – that is, immediately, even before the other spouse has had the opportunity to respond. The court acts solely on the application of the person concerned.

Pursuant to Article 265 of the Civil Procedure Code (ZPO) and Articles 28b and 172(3) of the Civil Code (ZGB), an order may be made requiring the perpetrator of violence to leave the shared home immediately, usually within 24 to 48 hours of service of the order. In addition, a ban on entering the home and a restraining order prohibiting contact with the affected person and any children they have in common may be imposed.

Anyone applying for super-provisional measures should expressly request the court to involve the police in the enforcement of the order, particularly if there is a fear that the service of the decision could cause the situation to escalate further.

Long-term protection: Precautionary measures

In parallel, precautionary measures under Article 175 et seq. of the Swiss Civil Code (ZGB) may be applied for for the duration of the separation. The court may declare the separation justified if continued cohabitation is unreasonable. Further measures include the allocation of the marital home for sole use and the ordering of separation of property under Article 176(1)(3) of the Swiss Civil Code (ZGB).

What specific steps should be taken?

Document any incidents, obtain medical certificates and reports from specialist organisations, and seek legal advice at an early stage. Pursue criminal charges and civil protection measures in parallel.

Please contact us for further information: info@lextec.ch