Domestic violence is a phenomenon affecting people from all backgrounds, and one that Swiss law addresses with particular attention, both from a criminal and a civil perspective. The Criminal Code (CC), the Civil Code (SCC) and the Federal Act on Assistance to Victims of Offences (VAIA) form a set of provisions aimed at protecting victims, sanctioning perpetrators and supporting families affected by this violence. PBM Avocats assists both victims seeking to obtain protection and compensation, and persons accused who wish to exercise their rights of defence, before the civil and criminal courts of Geneva and Vaud.
Criminal Offences Related to Domestic Violence
Domestic violence may encompass a wide range of criminal offences under the Swiss Criminal Code. Simple assault (art. 123 CC) and grievous bodily harm (art. 122 CC) sanction attacks on a person's physical integrity. Acts of violence (art. 126 CC) punish violent acts without bodily harm, including shoving, blows and minor attacks. Duress (art. 181 CC) represses forcing another person to perform an act, to refrain from one or to tolerate it. Threats (art. 180 CC) punish threatening a person with serious harm. Trespass (art. 186 CC), stalking and sexual offences may also be involved.
Psychological violence — repeated insults, systematic denigration, isolation of the victim, financial control — is more difficult to prove but may constitute acts of violence or duress depending on the circumstances. PBM Avocats assists victims in documenting and presenting the facts so as to establish their reality and gravity, notably by gathering witness statements, producing medical reports and reconstructing a factual history.
Official Prosecution and Criminal Proceedings
Since the revision of the Criminal Code in 2004, violent offences committed within a couple or family — simple assault, repeated acts of violence, duress, threats — are subject to official prosecution when committed between spouses or registered partners (arts. 123 para. 2, 126 para. 2, 180 para. 2, 181 CC). This rule means that the Public Prosecutor opens and conducts the proceedings on their own initiative, even if the victim does not file a complaint or subsequently withdraws it.
The victim may however request suspension of the criminal proceedings if they consider it to be in their interests, provided the perpetrator is not their legal representative and they are not permanently incapable of discernment. The Public Prosecutor is not bound by this request and may refuse suspension if they consider that public interest or the seriousness of the facts so requires. This procedure aims to prevent the perpetrator's pressure from leading the victim to systematically withdraw their complaints.
Civil Protection: Restraining Orders and Removal from the Home
In parallel with criminal proceedings, civil law offers important instruments of protection. Art. 28b SCC allows a victim of violence, threats or harassment to obtain from the civil court injunctions against the perpetrator: prohibition from approaching, accessing certain places or making contact. These measures may be pronounced on an emergency basis (provisional order in summary proceedings) and then confirmed after full examination of the case.
At cantonal level, the Geneva and Vaud police forces also have emergency removal powers based on cantonal police laws. They may expel from the shared home the person responsible for the violence and prohibit them from returning for a period ranging from ten to fourteen days depending on the canton. This period allows the victim to take the necessary steps to obtain longer-term judicial protection. PBM Avocats assists victims in these emergency procedures and prepares applications for civil measures.
VAIA and Victim Assistance
The Federal Act on Assistance to Victims of Offences (VAIA) guarantees domestic violence victims a set of rights and benefits. It gives the right to free and confidential consultation at a VAIA victim assistance centre, emergency and long-term psychological support, and financial assistance covering the costs of therapy, emergency accommodation and legal advice. If the perpetrator is insolvent, VAIA provides for state compensation for the harm suffered, under certain conditions.
Domestic violence victims also have the right to join proceedings as a civil plaintiff, allowing them to assert their civil claims (damages, moral reparation) directly in the criminal proceedings (arts. 122 et seq. CCP). PBM Avocats represents victims as complainant parties, ensures respect for their procedural rights, and assists them in formulating their civil conclusions, coordinating if necessary VAIA procedures and judicial proceedings.
Emergency Removal Procedure and Useful Contacts
In Switzerland, a victim of domestic violence has several complementary avenues of protection. The table below presents the removal procedure and useful contacts in Geneva and the canton of Vaud.
| Measure / Contact | Description | In Geneva | In Vaud |
|---|---|---|---|
| Emergency police removal | Police may expel the perpetrator from the home and prohibit them from returning for 10–14 days without prior court decision | Geneva Cantonal Police — tel. 117 | Vaud Cantonal Police — tel. 117 |
| Civil restraining order (art. 28b SCC) | Provisional order from the civil court — urgent summary proceedings | Tribunal de première instance de Geneva | Justice of the peace of the district |
| Victim assistance (VAIA) | Free consultation, psychological support, financial assistance, legal assistance | LAVI Centre Geneva — tel. 022 715 03 00 | LAVI Centre Vaud — tel. 021 313 25 60 |
| Specialist domestic violence centre | Specialist support for victims of domestic violence | CAVI Geneva — tel. 022 320 01 02 | VIRES (formerly AVVEC) — tel. 021 321 02 02 |
| Emergency accommodation | Shelter for victims forced to leave the home | Foyer de l'Escale — tel. 022 320 01 02 | Maison Flora — tel. 021 321 02 02 |
| Criminal complaint | Filing a complaint with the Public Prosecutor (official prosecution for certain offences) | Geneva Public Prosecutor — tel. 022 327 63 00 | Vaud Public Prosecutor — tel. 021 316 63 30 |
| National emergency number | Assistance in cases of intimate partner and family violence | Victim assistance: tel. 0800 040 040 (free, 24h/24) | |
Frequently Asked Questions about Domestic Violence
Can the police expel a violent spouse from the shared home?
Yes. Under Swiss law, cantonal police forces have emergency powers allowing them to expel from the shared home the person responsible for the violence and to prohibit them from returning for a given period, generally ten to fourteen days depending on the canton. This emergency removal measure is based on cantonal police laws and art. 28b SCC. It may be pronounced without a prior court decision. At the end of this period, the victim may apply to the civil court for a judicial restraining order under art. 28b SCC, or to the Public Prosecutor for coercive measures in the context of criminal proceedings.
What is official prosecution (poursuite d'office) in domestic violence cases?
Since the revision of the Criminal Code in 2004, domestic violence offences committed between spouses or registered partners — simple assault (art. 123 para. 2 CC), repeated acts of violence (art. 126 para. 2 CC), duress (art. 181 CC), threats (art. 180 para. 2 CC) — are subject to official prosecution. This means that criminal proceedings are opened and conducted by the Public Prosecutor even if the victim withdraws their complaint. The victim may however request suspension of the proceedings if they wish and if they are not economically dependent on the perpetrator. The Public Prosecutor may grant this request but is not bound to do so. This rule aims to prevent victims from being pressured into systematically withdrawing their complaints.
What is VAIA and what rights does it give victims?
The Federal Act on Assistance to Victims of Offences (VAIA) guarantees victims of offences affecting their physical, psychological or sexual integrity a set of rights and benefits. VAIA gives the right to free consultation at a victim assistance centre, emergency psychological support, long-term assistance (covering costs of therapy, emergency accommodation, legal measures), and compensation or moral reparation if the perpetrator is insolvent and the victim suffers serious harm. Domestic violence victims have the right to be represented by legal counsel whose fees may be covered by the cantonal victim assistance fund. In Geneva, the LAVI Centre and the Centre d'aide aux victimes de violences conjugales (CAVI) provide these services.
How to obtain a restraining order under art. 28b SCC?
Art. 28b SCC allows a victim of violence, threats or harassment to apply to the civil court for injunctions against the perpetrator: prohibition from approaching the victim within a certain distance, accessing certain places, or contacting them. The application is addressed to the competent civil court (in Geneva, the Tribunal de première instance; in Vaud, the civil district tribunal). The procedure may be summary if urgency requires it, allowing a rapid provisional order to be obtained. The judicial restraining order of art. 28b SCC is distinct from criminal measures and police removal measures: these protections may be combined to offer the victim comprehensive protection.
What risks does a person falsely accused of domestic violence face?
A false accusation of domestic violence is a serious situation whose consequences may be severe for the accused: opening of criminal proceedings, coercive measures (removal, arrest), damage to reputation, impact on child custody proceedings. Any falsely accused person has the right to the presumption of innocence (art. 10 CCP) and to a full defence. They may in particular contest the removal measures pronounced by the police, request dismissal of the criminal proceedings for lack of sufficient evidence, and take legal action against the person making the false accusation on the basis of arts. 303–304 CC (false accusation) or claim civil reparation. PBM Avocats provides the defence of falsely accused persons with the same rigour as for any other criminal charge.