Protection against Violence Act
Gewaltschutzgesetz (GewSchG)
 
Act on Civil-Law Protection against Acts of Violence and Stalking (Protection against Violence Act – GewSchG) vom 11. Dezember 2001

This Act protects the victims of domestic violence especially by giving them an opportunity to use the family home without having to share it with the perpetrator. Such restraining orders are handed down by the Civil Law Courts upon a motion by the victim. Violence as defined by the Protection against Violence Act includes all intentional and unlawful injuries to the physical well-being, health or freedom of an-other person irrespective of the fact that such acts are committed in or outside the joint household.

Proceedings before the Family Court under the Protection against Violence Act do not legally require representation by counsel. The required motions may be filed in writing by the applicant or filed for the record at the office responsible for legal motions of the Family Court which has jurisdiction.

The Court (Local Court/Family Court) may grant restraining orders against the perpetrator to protect the victim. Such protection orders may include the following prohibitions, for example:
 

• entering the apartment of the injured person;
• approaching the apartment of the victim up to a distance defined by the Court;
• frequenting places which are regularly frequented by the victim (these include the victim’s workplace, the kindergarten or the school of the victim’s children as well as leisure facilities used by the victim);
• attempting to establish contacts with the injured person (this applies to all types of contacts by telephone, fax, letter or e-mail);
• arranging encounters with the victim (if such encounters occur unplanned, the perpetrator has to leave immediately).

Like any ruling by a civil-law court, the assignment of the apartment or the restraining order may be subject to compulsory execution.
The Protection against Violence Act does not apply to children who have been abused by their parents. In such cases, the special provisions of the Acts Governing Relations Between Parents and Children or the Guardianship Act apply, which provide for actions taken by the Family Court with the involvement of the Youth Office.