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Free Guide to Hiring a Family Lawyer
Domestic violence refers to patterns of abusive behavior between people who are or were in an intimate, family or household relationship. In Waidhofen an der Ybbs, as in the rest of Austria, domestic violence can include physical assault, sexual violence, psychological abuse, stalking, threats, economic control and coercion. The legal system treats many types of domestic violence as criminal offences and offers a range of immediate protective measures and longer-term civil and criminal remedies.
Local authorities - police, courts and social services - work with victim support organisations and shelters to provide immediate safety, legal protection and social assistance. If you or someone you know is affected by domestic violence in Waidhofen an der Ybbs, help is available from the police, local victim support services and specialised counselling centres in Lower Austria.
A lawyer can help you navigate criminal procedures, obtain protective orders, manage family-law consequences and access benefits and compensation. Common situations where legal assistance is important include:
- You wish to file a criminal complaint for assault, sexual violence, threats, stalking or other abusive behaviour.
- You need a court-issued restraining order, contact ban or an order removing the alleged perpetrator from the shared home.
- You are facing urgent family-law matters such as custody, access, relocation with children or separation and want to protect your and your children’s rights.
- You need help collecting and preserving evidence for criminal or civil proceedings - for example medical reports, police records, messages or witness statements.
- You need advice on how a criminal prosecution may affect divorce, maintenance and property division.
- You require assistance applying for legal aid, emergency housing, victim compensation or other social benefits.
- You are a foreign national and need guidance about residence status, interpreters and specialised protections for migrants or asylum seekers.
Domestic violence cases in Austria can involve both criminal law and civil law remedies. Key elements to understand locally include:
- Criminal offences: Physical assault, grievous bodily harm, sexual offences, coercion and threats are prosecuted under the Austrian Penal Code. Victims can file reports that may lead to police investigation and prosecution by the public prosecutor's office.
- Immediate police measures: Police can respond to emergency calls and impose immediate protective measures. This can include ordering the alleged perpetrator to leave the shared residence and issuing a ban on approaching the victim - often referred to in practice as a 'Wegweisung' and an accompanying approach ban.
- Court protective orders: Victims can request civil protection orders from a court - for example orders that prohibit the abuser from contacting, approaching or entering certain premises. Courts can also order removal from the shared home and regulate temporary custody or contact arrangements for children.
- Family law consequences: Abuse can influence divorce, separation, maintenance and custody cases. Courts consider the best interests of the child and may impose supervised contact, supervised handovers or temporary custody arrangements to protect children.
- Victim support and compensation: Victims may be eligible for state victim compensation and can obtain counselling and shelter services. Public agencies and NGOs provide social, medical and psychological assistance.
- Legal aid: People with limited means can apply for Verfahrenshilfe or other forms of legal aid to cover court costs and lawyer fees in civil proceedings. Criminal defendants and victims have procedural rights and may receive assistance if they cannot afford representation.
Domestic violence includes physical assault, sexual violence, threats, harassment, stalking, psychological abuse and coercive control when these behaviours occur within family, intimate or household relationships. Many of these acts are criminal offences under the Penal Code. Emotional and economic abuse can also be relevant in civil proceedings and when deciding protective measures.
Yes. If you are in immediate danger call the police. Local police can intervene, separate the parties, provide first-line protection and, where necessary, order the alleged perpetrator to leave the shared home and stay away. Police reports and medical records are important evidence for later criminal or civil proceedings.
Police can detain a person if there is an immediate danger or if a criminal offence is evident. Whether an arrest is made depends on the circumstances, evidence and ongoing danger. Even if there is no immediate arrest, police can take measures to protect you and forward the case to the public prosecutor for investigation.
You can ask the police for immediate protective measures and apply to the court for a civil protection order that prohibits contact or approach and may remove the abuser from the home. A lawyer or victim support service can help prepare the court application and explain what evidence and statements are needed.
Yes. Police may order the alleged perpetrator to leave the home in urgent situations. Courts can also order removal from the shared dwelling as part of protective measures in civil proceedings. The exact procedure depends on the case facts and whether urgent danger can be shown.
Courts prioritise the best interests and safety of the child. If violence or risk to a child is present, courts may limit or supervise contact, award temporary custody, or impose specific handover arrangements. You should inform the court and provide evidence of any danger so the judge can make protection-focused decisions.
Keep medical reports, photographs of injuries, police reports, messages, emails, recordings and witness contact details. Write dated notes describing incidents and save any threatening communications. Do so safely - consider the risk of the abuser finding the materials - and discuss secure storage with your lawyer or a support agency.
Yes. Emergency protection, medical care and police assistance are available regardless of immigration status. Victim support organisations can advise on residence issues and link you to specialised legal help. In some situations victims may be able to regularise residence based on the abuse and cooperation with authorities; seek legal advice promptly.
Lawyer fees vary. If you have limited means you may be eligible for legal aid - Verfahrenshilfe - to cover court costs and lawyer representation in civil cases. In criminal proceedings victims have specific rights and may receive support from prosecutors and victim services. Ask the local court, the Bar association or a victim support centre about eligibility for legal aid.
Look for lawyers specialising in criminal law or family law with experience in domestic violence. You can get referrals from the local Bar association, victim support organisations, or shelters. When you contact a lawyer, ask about their experience with protection orders, criminal cases and family law, fees, and whether they can assist with legal aid applications.
Local and regional organisations that can help include:
- The local police station - for immediate protection and to file a report.
- Bezirksgericht Waidhofen an der Ybbs - the local district court for civil protection orders and family-law matters.
- Staatsanwaltschaft or public prosecutor office in the relevant jurisdiction - for criminal investigations and prosecutions.
- Gewaltschutzzentrum Niederösterreich or other regional violence protection centres - provide counselling, legal information and support coordination.
- Frauenhaus and emergency shelters in Lower Austria - safe accommodation for people fleeing violence.
- Opferhilfe and Weisser Ring - victim support organisations providing counselling, information and assistance with victim compensation claims.
- Municipal social services and the Lower Austria provincial government social departments - for social benefits, housing assistance and child protection coordination.
- Rechtsanwaltskammer Niederösterreich or the Austrian Bar association - for referrals to specialised lawyers and information about legal aid.
If you are in immediate danger - call emergency services straight away. If it is safe to do so - consider the following steps:
- Ensure immediate safety - move to a safe location, contact trusted friends or family, or go to a shelter.
- Contact the police to report the incident and request immediate protective measures.
- Seek medical attention and keep any medical records as evidence.
- Preserve evidence carefully - photographs, messages, medical reports, police documents and witness details. Store them securely or give copies to a trusted person or lawyer.
- Contact a victim support organisation in Lower Austria for counselling, shelter information and practical support.
- Find a lawyer experienced in domestic violence, criminal law or family law. Ask about legal aid if you cannot afford fees.
- If children are involved, inform child protection services and the court so protective arrangements can be considered quickly.
- Keep a detailed, dated account of incidents and communications. Follow the guidance of your lawyer and support workers about safety planning and court procedures.
Getting the right legal and social support early can protect you and your children and help you navigate criminal and family-law processes. You do not have to handle domestic violence alone - local authorities and specialised organisations in Waidhofen an der Ybbs and Lower Austria are there to help.
