Best Domestic Violence Lawyers in Arlesheim

About Domestic Violence Law in Arlesheim, Switzerland

Domestic violence in Switzerland covers physical, psychological, sexual, and economic abuse occurring within family or intimate relationships, including spouses, registered partners, cohabitants, former partners, and other household members. Arlesheim is part of the Canton of Basel-Landschaft, so cases are handled under Swiss federal law with important procedures carried out by cantonal authorities such as the Kantonspolizei Basel-Landschaft, the public prosecutor, civil courts, and child and adult protection services.

Swiss law provides both immediate protection and longer term legal remedies. Police can intervene quickly if there is imminent danger. Civil courts can issue protective orders such as no-contact and exclusion from the family home. Criminal authorities can investigate and prosecute offenses, many of which are pursued ex officio in a domestic context. Victim support services in the Basel region offer confidential advice, emergency assistance, and help covering certain costs.

Why You May Need a Lawyer

Many people benefit from legal help to navigate urgent safety measures and longer term consequences. A lawyer can help you assess risk and obtain quick protection orders, communicate with police and prosecutors, and ensure evidence is preserved.

Legal representation is especially useful when protective measures are disputed, when you need the court to order the abusive person to leave the shared home, or if you face countersuits or accusations. Domestic violence often intersects with separation, divorce, parental responsibility, and visitation, so a lawyer can coordinate a strategy that protects children and secures financial support.

If you have a residence permit linked to your relationship, a lawyer can advise on your rights to remain in Switzerland due to domestic violence. If criminal charges are filed against you arising from a domestic incident, defense counsel is vital to protect your rights and to pursue diversion or counseling options where appropriate.

Local Laws Overview

Criminal law and prosecution. The Swiss Criminal Code punishes offenses commonly arising in domestic cases, including bodily harm, assault, threats, coercion, sexual coercion, and rape. In many domestic contexts, authorities prosecute ex officio, meaning a victim does not need to file a formal criminal complaint for the case to proceed. The Staatsanwaltschaft Basel-Landschaft leads investigations with the Kantonspolizei.

Civil protective measures. Under Article 28b of the Swiss Civil Code, courts can quickly order protective measures such as no-contact, prohibitions on approaching specific places, eviction from the shared home, and orders to surrender keys. In the Arlesheim area, applications are handled by the competent civil district court in Basel-Landschaft. These orders can be issued on an urgent basis and later reviewed at a hearing.

Police removal and bans. Cantonal police can issue short term removal orders from the home and impose contact or area bans when there is a threat. These emergency measures are time limited and can be extended or converted into court orders by the civil court.

Victim support. The Federal Victim Assistance Act provides free, confidential support to victims of violent crimes. In the Basel region, victim support centers offer crisis counseling, safety planning, legal information, help with applications for protective orders, referrals to shelters, and potential financial assistance for urgent needs and certain legal costs.

Child protection. If children are affected or at risk, the Child and Adult Protection Authority in Basel-Landschaft can take measures to safeguard them, including supervised contact orders, interim custody arrangements, or protective directives.

Immigration status. The Foreign Nationals and Integration Act allows certain victims to keep or extend a residence permit after separation if there are important personal reasons, including domestic violence. Evidence and early legal advice are critical for these applications with the cantonal migration office.

Procedural and cost issues. Protective measures are typically sought in summary proceedings for speed. If you cannot afford a lawyer, you may qualify for legal aid in civil or criminal matters. Victim support can also contribute to legal fees in defined situations. Interpreters are available for police and court proceedings when needed.

Frequently Asked Questions

What counts as domestic violence under Swiss law

Domestic violence includes physical assaults, threats, coercion, sexual violence, stalking like persistent unwanted contact or following, and psychological or economic abuse when it harms your freedom, dignity, or safety. It applies to current or former partners and other household members. You do not need to be married for protection to apply.

How do I get immediate protection in Arlesheim

If you are in danger, call the police at 117. Police can remove the perpetrator from the home and impose temporary bans. For fast civil protection, you can apply to the competent civil court in Basel-Landschaft for an urgent order under Article 28b Civil Code. Victim support can help you file quickly and safely.

Can the police order the abusive person to leave our home

Yes. The Kantonspolizei can issue a short term removal and contact ban when there is a risk. The civil court can then extend this by ordering an eviction from the home and a longer no-contact order after a brief court process.

How long do protective orders last

Emergency police measures typically last days or a few weeks. Court issued protective orders can last several months and may be extended if risk persists. The exact duration depends on the facts and ongoing risk assessment presented to the court.

Do I need evidence before I can get protection

You should provide any available evidence like photos of injuries, threatening messages, call logs, witness names, or medical reports, but you can still seek urgent protection based on your credible account. The court can act quickly and then review more evidence at a follow up hearing.

Will the prosecutor proceed even if I do not file a complaint

In many domestic cases, yes. Certain offenses in a domestic setting are prosecuted ex officio. However, some minor offenses still require a complaint, usually within three months. Police or a lawyer can tell you whether your situation requires a formal complaint.

What happens with children and parental contact

The court focuses on the child’s best interests. Protective orders can include supervised exchanges or contact restrictions. In serious cases, the child protection authority can order supervised visitation or temporarily adjust custody and care arrangements to keep children safe.

I am not a Swiss citizen. Can I stay in Switzerland if I leave my abusive partner

Possibly. If your residence permit depended on family reunification, you may keep or extend it when important personal reasons exist, including documented domestic violence and integration in Switzerland. Get legal advice early and collect evidence for the migration authorities.

How much does it cost to take legal action

Costs vary based on urgency, complexity, and whether criminal or civil proceedings are involved. You may qualify for legal aid if you have limited means and your case has merit. Victim support services can advise on cost coverage and may contribute to certain expenses.

Will my employer or school be told

Authorities generally keep your case confidential. Information is shared on a need to know basis, for example to enforce a no-contact order or to protect a child. If safety planning requires workplace or school measures, you choose what to disclose with support from your advisor or lawyer.

Additional Resources

Kantonspolizei Basel-Landschaft - emergency response and immediate protection. Police emergency number is 117.

Staatsanwaltschaft Basel-Landschaft - criminal investigations and prosecution in domestic violence cases.

Zivilkreisgericht Basel-Landschaft West in Arlesheim - civil protective orders under Article 28b Civil Code for the Arlesheim district.

Opferhilfe beider Basel - confidential victim support, safety planning, counseling, and help with costs for victims of violence in the Basel region.

Frauenhaus beider Basel - safe shelter and specialized support for women and children escaping domestic violence.

Kinder- und Erwachsenenschutzbehörde Basel-Landschaft - child and adult protection measures.

Migrationsamt Basel-Landschaft - residence permit issues where domestic violence affects family reunification status.

Medical and psychological services in the Basel region - documentation of injuries, trauma care, and therapeutic support.

Helplines - police 117, medical emergency 144, emotional support line 143, youth help 147.

Next Steps

Prioritize safety. If you feel threatened, call 117. Consider going to a safe place or a shelter. Seek medical care for any injuries and ask for documentation, which can support both protection and compensation.

Document the abuse. Save messages, take photos, keep a timeline of incidents, and note witnesses. Store copies in a safe location. This information helps police, courts, and migration authorities.

Contact victim support. Speak confidentially with a victim support center in the Basel region for safety planning, practical help, and guidance on protective orders and financial assistance.

Consult a local lawyer. A lawyer in Basel-Landschaft can file for urgent civil protection, liaise with the police and prosecutor, address child custody and support, and advise on residence permit implications. Ask about legal aid if you have limited means.

Apply for protective measures. If needed, file an urgent application to the civil court for a no-contact order and eviction from the home. If children are involved, request appropriate safeguards for contact or exchanges.

Follow up and adjust the plan. Reassess risk regularly with your advisor or lawyer. Renew or modify protective orders as needed, and coordinate with schools or employers to implement safety steps.

This guide provides general information for Arlesheim and the wider Basel-Landschaft area. Laws and procedures can change, and every situation is unique. Personalized legal advice is the best way to protect your rights and safety.