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Chlup Legal Services

Chlup Legal Services

Lucerne, Switzerland

Free Consultation: 15 mins


Founded in 2015
10 people in their team
Here to HelpGoing through a divorce is difficult even without having to face critical life decisions regarding child custody and support, and asset...
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German
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About Domestic Violence Law in Lucerne, Switzerland

Domestic violence is a significant issue that affects many individuals and families in Lucerne, Switzerland. It encompasses various forms of abuse, including physical, emotional, sexual, and financial abuse, often perpetrated by someone close to the victim. Lucerne, like the rest of Switzerland, has stringent laws and a supportive legal framework designed to protect victims and address the perpetrators of domestic violence. The Swiss legal system treats domestic violence as a serious crime and provides mechanisms to ensure the safety and well-being of victims.

Why You May Need a Lawyer

There are multiple situations where an individual may require legal assistance regarding domestic violence:

  • Protection Orders: To obtain legal protective measures such as restraining orders against an abuser.

  • Divorce and Custody: Guidance during separation or divorce proceedings, particularly when children are involved.

  • Criminal Charges: Understanding and navigating through criminal charges against the perpetrator.

  • Support and Compensation: Assistance in claiming financial support, medical expenses, or other compensation.

  • Court Representation: Legal representation in court to ensure that the victim’s voice is heard and their rights protected.

  • Legal Advice: General legal counseling to understand the victim’s rights and available remedies under Swiss law.

Local Laws Overview

In Lucerne, domestic violence is governed by both federal and cantonal laws. Key aspects include:

  • Swiss Criminal Code (SCC) Article 123 and 126: These articles criminalize physical assault and threats, including domestic violence.

  • Protection from Violence Act: This law allows for the issuance of protective measures such as restraining orders and emergency barring orders when immediate risk is posed.

  • Family Law: Relevant provisions in the Swiss Civil Code (ZGB) cover issues like divorce, child custody, and maintenance, especially necessary in cases of domestic violence.

  • Canton-Specific Regulations: Lucerne has its own regulations and support services aligned with federal laws to assist victims.

Frequently Asked Questions

What constitutes domestic violence under Swiss law?

Domestic violence includes physical, emotional, sexual, or financial abuse by a partner, family member, or cohabitant.

Can I get a restraining order in Lucerne?

Yes, victims can apply for a restraining order through civil court or request emergency barring orders from the police.

How do I report domestic violence?

You can report domestic violence to the local police in Lucerne. They are trained to handle such cases sensitively and effectively.

What should I do if I fear immediate danger?

If in immediate danger, call the emergency number 112. Seek a safe location if possible.

Are there shelters available in Lucerne?

Yes, there are women’s shelters and safe houses in Lucerne that provide temporary accommodation and support.

Can I get legal aid if I can’t afford a lawyer?

Yes, legal aid is available to those who cannot afford a lawyer, ensuring access to legal representation and advice.

How does domestic violence affect child custody decisions?

Court decisions prioritize the best interests of the child, often granting custody to the non-violent parent and implementing visitation restrictions.

What support services are available for victims of domestic violence in Lucerne?

Support services include counseling, legal assistance, safe shelters, and financial aid programs for victims.

Can I seek compensation for injuries and damages from the perpetrator?

Yes, victims can claim compensation for medical expenses, emotional distress, property damage, and other related costs.

What rights do I have as a migrant experiencing domestic violence in Lucerne?

Migrant victims have the same legal protections and access to support services as Swiss nationals.

Additional Resources

Several organizations and government agencies offer support for those affected by domestic violence in Lucerne, including:

  • Victim Support Services (Opferhilfe Luzern): Offers counseling, legal advice, and practical support.

  • Women’s Shelter (Frauenhaus Luzern): Provides safe accommodation and support for women and children.

  • Family Counseling Centers: Offer psychological and legal counseling for families experiencing violence.

  • Children and Youth Services: Provide support and protection for children affected by domestic violence.

Next Steps

If you or someone you know is experiencing domestic violence in Lucerne, here are the steps to take:

  • Contact the Police: In any emergency or immediate danger, call 112.

  • Seek Legal Advice: Contact a lawyer specializing in domestic violence to understand your rights and options.

  • Reach Out to Support Services: Utilize the resources and organizations available for counseling, shelter, and assistance.

  • Document Evidence: Keep records of any incidents, including photos, messages, and medical reports.

  • Apply for Protection Orders: Work with a lawyer to secure restraining orders and other protective measures.

Taking these steps can provide safety, clarity, and support during a difficult time. Remember, help is available, and you are not alone.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.