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Free Guide to Hiring a Family Lawyer
Domestic violence covers physical, sexual, psychological, emotional, and economic abuse between persons who have a close relationship - for example spouses, partners, former partners, parents and children, or other family members. In Delémont, which is in the Canton of Jura, domestic violence is addressed under Swiss federal criminal law, cantonal public safety rules, and civil family law. Criminal offences such as assault, threats, coercion, sexual violence, stalking and property damage may be charged under the Swiss Penal Code. Police, the public prosecutor and the courts can apply immediate protective measures and pursue criminal prosecution. Civil authorities and family courts handle related matters such as protection orders, emergency custody decisions, divorce, child protection and financial support.
A lawyer can help you navigate criminal procedures, obtain protective measures, and protect your civil and family law rights. Common situations where legal help is useful include:
- When you or your children have been physically harmed or threatened and you want to press criminal charges or need representation during police interviews.
- If you need a protection order or an injunction to keep an abuser away from you, your home or your workplace.
- When domestic violence affects divorce, child custody, visitation rights, or spousal and child support.
- If you need to seek compensation for medical costs, property loss or pain and suffering.
- When immigration status, residence permits or right to remain are tied to a violent partner, and you need legal advice on protecting your status.
- If you require advice on reporting procedures, evidence preservation and how best to present your case to prosecutors or family courts.
- If you qualify for legal aid and need assistance applying for free or reduced-cost legal representation.
Key legal aspects to understand in Delémont and the Canton of Jura:
- Criminal law: Acts such as bodily injury, sexual assault, coercion, threats, stalking and property damage may be criminally prosecuted under the Swiss Penal Code. Victims can file a criminal complaint and the public prosecutor decides whether to open formal charges.
- Police powers and emergency measures: Swiss police have powers to intervene immediately to protect victims. This can include temporary removal or expulsion of the alleged aggressor from the shared home, a temporary ban on entering certain places and immediate reporting to the public prosecutor. Emergency measures are typically short-term - for example 24 hours - and can be followed by longer measures from the prosecutor or court.
- Protection orders and non-contact orders: Prosecutors or courts can seek protective measures such as contact bans, stay-away orders, or residence restrictions. Civil courts can grant emergency injunctions to protect victims and children. The form, duration and enforcement of these orders depend on the facts and legal basis presented to authorities.
- Family law consequences: Domestic violence is highly relevant in divorce, custody and maintenance proceedings. Courts consider violence when deciding custody and visitation to protect the best interests of the child. Violence can also affect division of assets and spousal support decisions.
- Victim compensation and support: Victims may pursue compensation from the offender during criminal proceedings or seek state support where available. Cantonal victim services and national victim compensation schemes can help with medical and psychological assistance and possibly financial relief in some situations.
- Legal aid: If you have limited financial means, you may be eligible for legal aid - unentgeltliche Rechtspflege - for representation in civil and, in some cases, criminal proceedings. Eligibility and procedures are handled on a cantonal basis.
Domestic violence includes any pattern or single act of physical harm, sexual assault, threats, harassment, psychological abuse, controlling behaviour or economic coercion between people in an intimate or family relationship. It can be physical violence, but also intimidation, isolation, repeated insulting, withholding money, controlling movement and stalking.
If you are in immediate danger call the emergency number for police. In Switzerland the police emergency number is 117. If you need urgent medical help, call 144. If possible, get to a safe place, seek medical attention, and contact trusted people or local victim support services for immediate assistance.
Yes. Police in Switzerland have powers to take immediate steps to protect victims. This can include removing or expelling the alleged aggressor from the shared residence for a short time and imposing temporary bans on approaching the victim. These emergency measures are typically limited in duration and can lead to further action by the public prosecutor or a court for longer term protection.
Protection orders or non-contact orders can be requested from the public prosecutor or sought from civil courts. Emergency protection can often be granted very quickly by police or prosecutors. For longer lasting injunctions, you or your lawyer can apply to the competent court. Timing depends on the seriousness of the case, available evidence and court schedules, but immediate emergency measures are available when danger is imminent.
Prosecution is not automatic. If you file a complaint or the police open an investigation, the public prosecutor evaluates the evidence and decides whether to pursue charges. In certain serious cases prosecutors can act even without a private complaint. A lawyer or victim support service can help you understand the likely outcome and assist during the investigation.
Yes. As a victim you can file a criminal complaint with the police or directly with the public prosecutor. You can also seek advice from a lawyer or victim counsel before filing. In some offences, the decision to prosecute rests with the public prosecutor even if you do not press charges, but your testimony is often critical to the case.
Useful evidence includes medical reports, photographs of injuries and damaged property, text messages, emails, voice messages, call logs, witness names and statements, and any police reports. Keep copies of documents and save originals in a safe place. If safe to do so, write a detailed account of incidents with dates and times. Do not put yourself at risk to collect evidence.
Courts prioritize the best interests and safety of the child. Domestic violence can strongly influence decisions on custody, residence and visitation. Courts may limit or supervise contact with a parent who has been violent or abusive. It is important to present evidence of violence and any professional reports when arguing for protective arrangements.
Victims may claim compensation for medical costs, lost earnings and other damages from the offender in criminal or civil proceedings. There are also cantonal and national victim assistance programs that can help with immediate needs such as housing, medical care and counselling. If you have low income, you may be entitled to legal aid for pursuing claims.
Ask local victim support services or shelters for referrals to lawyers experienced in domestic violence, criminal law and family law. Contact the cantonal court or bar association for lists of lawyers. If you cannot afford a lawyer, apply for legal aid - unentgeltliche Rechtspflege - through the cantonal authorities. A lawyer can also advise you whether your situation warrants urgent protective steps or criminal complaints.
If you need help, consider these types of resources in Delémont and the Canton of Jura:
- Local police - for immediate danger and to file a criminal complaint.
- Public prosecutor office - for reporting crimes and information on protective measures and prosecution.
- Cantonal victim support services - for emotional support, guidance, and help navigating criminal and civil procedures.
- Women and men shelters and crisis centers - for safe accommodation and case management.
- Family and social services - for child protection, social assistance and housing support.
- Medical services - for treatment and documentation of injuries.
- Legal aid office - for information on eligibility for free or reduced-cost legal representation.
- Nonprofit counselling centres - for psychological counselling, safety planning and practical assistance.
If you are dealing with domestic violence and need legal help, follow these practical steps:
1. Ensure immediate safety - get to a safe place and call the police if you are in danger.
2. Seek medical care - document injuries and obtain medical reports that can be used as evidence.
3. Preserve evidence - save messages, photos, call logs and any witnesses information in a secure place.
4. Contact victim support services - they provide practical assistance, emotional support and referrals to lawyers and shelters.
5. Report the incident - file a complaint with the police or prosecutor if you wish to initiate criminal proceedings.
6. Consider legal representation - consult a lawyer experienced in domestic violence, family law or criminal law. Ask about legal aid if you have limited financial resources.
7. Explore protective measures - discuss emergency options such as temporary expulsion of the alleged abuser, contact bans and court injunctions to protect you and your children.
8. Keep records - maintain a detailed log of incidents, communications and any actions taken by authorities.
9. Plan for the long term - a lawyer and social services can help with housing, financial support, custody and divorce issues.
10. Take care of your emotional and physical health - access counselling and support groups to help you recover and make informed decisions.
If you are unsure where to start, contact local victim support services or the police in Delémont for immediate guidance. You do not have to manage this alone - there are professionals and organizations that can help you stay safe and assert your rights.
