Domestic Violence in Switzerland: Protection Measures

Legal Framework

Since 1 April 2004, domestic offences are largely prosecuted ex officio: police and public prosecutor act without the victim's complaint.

Offences Prosecuted Ex Officio (between spouses, partners, cohabitants)

1. Minor bodily harm (art. 123 ch. 2 al. 6 CP)
2. Repeated simple assault (art. 126 para. 2 let. b CP)
3. Threats (art. 180 para. 2 CP)
4. Coercion (art. 181 CP, always ex officio)
5. Sexual coercion and rape (art. 189-190 CP, always ex officio)

Marital rape has been ex officio since 2004. The 2024 sexual criminal law revision further strengthened protection.

Civil Protection (art. 28b CC)

The victim may request: restraining order (art. 28b para. 1 ch. 1 CC), prohibition on certain places (ch. 2), contact prohibition (ch. 3). If cohabiting, the court may evict the perpetrator (art. 28b para. 2 CC). Non-compliance is punishable (art. 292 CP).

Since 1 January 2022, electronic monitoring via GPS bracelet is available (art. 28c CC).

Cantonal Police Measures

Cantonal laws allow: immediate eviction from the home (10-14 days), restraining and contact prohibition, automatic referral to civil court for extension.

Victim Assistance (VACA)

Guarantees: emergency shelter, free legal advice, financial assistance, compensation and moral damages (art. 19 et seq. VACA). Cantonal centres available in every canton.

Criminal Procedure

Art. 55a CP: for certain offences, the public prosecutor may suspend proceedings with the victim's consent if the perpetrator does not reoffend within six months.