Best Domestic Violence Lawyers in Chur
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List of the best lawyers in Chur, Switzerland
About Domestic Violence Law in Chur, Switzerland
Domestic violence in Chur is addressed under both federal Swiss law and cantonal systems in the Canton of Graubunden. The Swiss criminal law covers physical assault, sexual violence, threats, stalking, harassment, and other forms of abuse. Police and public prosecutors respond to criminal complaints. At the same time, civil and family law can provide protective measures such as restraining orders, emergency barring from the shared home, divorce and custody proceedings, and financial support measures. Cantonal authorities - including the Kantonspolizei Graubunden, social services in the city of Chur, and local victim support organizations - carry out many of the immediate practical responses and long-term support for victims.
Why You May Need a Lawyer
A lawyer can help you understand your rights, navigate criminal procedures, and secure civil protection. Common situations where legal help is important include:
- You or a family member has been physically assaulted, threatened, sexually assaulted, stalked, or harassed and you want to report the incident or follow up with the prosecutor.
- You need a legal protection order or emergency measures to keep the alleged abuser away from you or your home.
- You are starting separation or divorce proceedings and need help with custody, visitation, maintenance, and dividing assets in the context of violence.
- You must gather and present evidence, obtain medical or police reports, and prepare statements for criminal or civil court.
- You or the alleged perpetrator is a foreign national and there are immigration consequences that you do not understand.
- You need advice about criminal charges - whether you are the victim, the accused, or a witness - including how prosecutions proceed and potential outcomes.
- You need help applying for legal aid or finding specialized victim-support services and shelters.
Local Laws Overview
Key legal aspects relevant to domestic violence in Chur include the following general points:
- Criminal law - Violence, sexual offences, threats, coercion, stalking, and related acts are prosecuted under federal criminal statutes. Police may intervene immediately when there is danger, collect evidence, and refer cases to the public prosecutor.
- Immediate police measures - When a threat to safety exists, police in Graubunden can take rapid protective steps. These may include removing the alleged perpetrator from the residence, imposing a temporary ban on returning to the home, and prohibiting contact - measures intended to protect the victim while further legal action is arranged.
- Protection orders and civil measures - Courts can issue civil restraining orders or other protective measures to prohibit contact or proximity. Family courts handle emergency orders connected to family law - for example, decisions on custody, residence, and contact in urgent situations.
- Family law remedies - Divorce, custody, visitation, and maintenance are handled under Swiss family law. Allegations of domestic violence strongly affect decisions on child custody and residence and can lead to supervised visitation or suspension of contact.
- Child protection - If children are affected, child protection services will assess risk and can take immediate steps to safeguard the child, including placing the child temporarily with relatives or state care when necessary.
- Victim rights - Victims have rights to protection, information, and support. Prosecutors may bring charges even if a victim does not want to press charges, because many violent offences are prosecuted by the state. Victims can also join criminal proceedings as a civil party to claim compensation.
- Legal aid and support - Low-income victims may be eligible for cantonal legal aid for representation. Specialized victim support services provide counseling, practical assistance, and referrals to shelters and legal counsel.
Frequently Asked Questions
What exactly counts as domestic violence?
Domestic violence includes physical assault, sexual abuse, threats, stalking, psychological or emotional abuse, economic control or deprivation, and digital harassment such as monitoring or sharing intimate images. Abuse between current or former partners, family members, or household members typically falls within domestic violence.
What should I do right now if I am in immediate danger?
If you are in immediate danger call the police - in Switzerland use 117. If medical help is needed call 144. Try to get to a safe place, preserve evidence if you can, and tell the responding authorities about any injuries and threats. If possible, contact a trusted person or a local victim support service for immediate help and shelter options.
Can the police make the alleged abuser leave the home?
Yes. Police in Graubunden can take emergency measures to secure your safety. That can include removing the alleged perpetrator from the home and imposing a temporary ban on returning or contacting you. These measures are generally temporary and can be followed by court-ordered protection.
How do I get a protection or restraining order in Chur?
Protection orders can be obtained through police emergency measures and by applying to the competent court. You can ask the police or public prosecutor to initiate urgent steps, or apply for civil protective measures through the family or civil courts. A lawyer or victim support officer can help you file the request, prepare evidence, and explain the local procedure in the Canton of Graubunden.
Do I have to press charges for the state to act?
Not always. Many violent offences are prosecuted by the public prosecutor even if the victim does not want to press charges. However, your cooperation affects evidence gathering and the case. For civil protection or family law actions you generally need to initiate legal steps, or your lawyer can act on your behalf.
What happens to child custody and visitation when there is violence?
Allegations of violence strongly influence custody and visitation decisions. Courts prioritize the safety and best interests of the child. This can lead to supervised visitation, restrictions on contact, temporary relocation of the child, or changes to custody arrangements. Child protection services may become involved for risk assessment and immediate protection.
If I am not a Swiss national - will seeking help affect my residency status?
Immigration consequences can be complex. In many cases victims of domestic violence are treated as such and can access protection and services. However, immigration status may be affected in some circumstances, especially if the victim’s residence permit depends on the partner. Seek specialist legal advice and contact victim support organizations that assist foreign nationals to understand options for protection and residency.
How should I document abuse and collect evidence?
Document injuries with dated photographs, keep medical records and hospital reports, preserve threatening messages or emails, write a detailed account of incidents including dates, times and witnesses, and keep copies of any police reports. Secure backup copies of digital evidence away from the alleged perpetrator. A lawyer or victim support service can advise on evidence preservation.
Can the abuser be arrested and prosecuted quickly?
If the police find sufficient grounds for a criminal offence, the abuser can be detained and the case forwarded to the public prosecutor. The prosecutor will decide whether to charge and pursue criminal proceedings. Emergency protective measures operate faster than full criminal prosecutions, which may take longer to resolve.
Are there free or low-cost legal services and support in Chur?
Yes. Cantonal legal aid may be available if you meet financial eligibility requirements. Local victim support services, shelters, and social services often provide free counseling and practical assistance. Contact the cantonal legal aid office or victim support organizations to learn about eligibility and how to apply.
Additional Resources
People seeking help in Chur can contact a mix of emergency services, public authorities, and specialized support organizations. Recommended types of resources include:
- Kantonspolizei Graubunden for emergencies and immediate protection.
- Cantonal victim support services - Opferhilfe Graubunden or equivalent local victim counseling centers for emotional support, practical help and guidance.
- Local women s shelters - Frauenhaus or shelter services in Graubunden for temporary safe housing.
- City of Chur social services and child protection services for family welfare and child safety interventions.
- Cantonal legal aid office for information about low-cost or free legal representation.
- National or regional victim support organizations for information on rights, compensation procedures and counselling.
- Emergency and crisis hotlines - for immediate help in Switzerland call 117 for police, 144 for ambulance, and crisis hotlines such as 143 for emotional support. Local helplines may also exist for children and teens.
Next Steps
If you need legal assistance for domestic violence in Chur, consider these practical next steps:
- Ensure immediate safety - move to a safe place or call police if you are in immediate danger. Use emergency numbers when needed.
- Seek medical attention and ask for a medical report documenting injuries.
- Report the incident to the Kantonspolizei Graubunden if you wish to involve criminal authorities and request urgent protective measures.
- Contact local victim support services for counselling, shelter options and help with paperwork and referrals.
- Consult a lawyer who specialises in domestic violence, criminal law or family law to discuss protection orders, criminal reporting, custody issues and civil remedies. Ask about legal aid if cost is a concern.
- Preserve evidence - secure medical records, photos, messages and witness details and keep copies in a safe place.
- Create a safety plan - consider finance, housing, important documents, and trusted contacts. If children are involved plan for their immediate safety and documentation needs.
- If you are a foreign national, get immigration-specific advice early - a lawyer or victim service can help you understand residence rights and protections.
This guide provides general information and is not a substitute for legal advice. For case-specific guidance contact a qualified lawyer in the Canton of Graubunden or your preferred local victim support organisation to discuss your options and rights.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.