Couple life can sometimes turn into a nightmare for some people. They endure physical, sexual, psychological, and/or emotional abuse from their partner.
Every two weeks, someone dies as a result of domestic violence. In 2021, a total of 19,341 offenses were recorded in this context, with the majority being assaults, threats, and bodily harm.
Criminal Law
Domestic violence should not remain private and unpunished. Indeed, offenses such as assaults (Art. 126 CP), bodily harm (Art. 122 and 123 CP), threats (Art. 180 CP), sexual coercion (Art. 189 CP), rape (Art. 190 CP), violation of domicile (Art. 186 CP), and abusive use of telecommunications equipment (Art. 179septies CP) are criminal offenses punishable under Swiss law. The legislator is even stricter when certain offenses are committed between spouses or registered partners, as prosecution will be carried out ex officio by the criminal authorities, meaning there is no need for the victim to file a complaint.
Civil Law
Penal sanctions alone are sometimes insufficient; preventive measures must also be put in place to ensure maximum safety for the victim.
Under Art. 28b CC, the judge can, for example, prohibit the perpetrator from approaching the victim (Art. 28b para. 1 ch. 1 CC), from frequenting certain places where the victim regularly goes (Art. 28b para. 1 ch. 2 CC), from contacting the victim (Art. 28b para. 1 ch. 3 CC), or even expel the perpetrator from the victim's home if they live together (Art. 28b para. 2 CC).
The Federal Office for Gender Equality is also involved in the prevention and fight against domestic violence by providing information, organizing events, and participating in legislative and parliamentary processes.
In 2017, the Canton of Vaud adopted a law on the organization of the prevention and fight against domestic violence (LOVD), which aims to coordinate preventive measures, protect victims, and implement support measures for perpetrators.
Ladies and gentlemen, stop suffering! Many measures can be put in place to stop and punish domestic violence. Do not hesitate to contact the Valentin Legal Consultation (021 351 30 00 or www.cjdv.ch) so that we can assist you in your efforts.
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