Criminal
law aspects
Specialized legal advice on divorce, child matters, asset protection, and modern family law.
Some family law disputes cross over into criminal law: domestic violence, the abduction of a child abroad, and persistent failure to pay child support. In such cases, protection and speed are the top priorities. In Switzerland, specific legal tools are available for these situations—contact, restraining, and exclusion orders under Art. 28b of the Swiss Civil Code (ZGB), the Hague Convention on Child Abduction, and the criminal offense of neglecting child support obligations (Art. 217 of the Swiss Criminal Code (StGB)). In an emergency, we act immediately; in the event of imminent danger, call the police first (117).
In family criminal law, the initial response is crucial. We have always focused exclusively on family law and are highly specialized—even at its most delicate intersection with criminal law. For you, this means: no anonymous firm with changing staff and a heavy reliance on delegation, but rather personal, close support—especially when speed and discretion are essential.
Crises are rarely purely legal. That is why, when your case requires it, we work alongside private investigators, financial planners, psychologists, and communications specialists—to locate a child, secure evidence, stabilize those involved, and to keep the public at bay. Our discretion is the foundation of your trust.
Every case begins with a strategy: protection first, then legal steps taken in the correct order. Where negotiation is possible, we negotiate. Where necessary, we fight—by your side,together. And when danger is imminent, we act immediately.
The firm operates in German- and French-speaking Switzerland and collaborates with partner firms in more than 80 countries worldwide on cross-border cases—a crucial factor as soon as a child or assets are taken across the border.
What is your current
situation?
Immediate protection. anyone experiencing violence or threats needs safety first and foremost. The police can immediately remove a violent person from your home; under civil law and in criminal proceedings, it is possible to obtain a contact, approach, and area restriction order pursuant to Art. 28b of the Swiss Civil Code. At the same time, we assess the possibility of filing a criminal complaint.
When payments are overdue: Persistent failure to pay child support is not only a debt collection issue but may also be a criminal offense (Art. 217 of the Swiss Criminal Code). In addition, cantonal debt collection assistance and child support advances are available. We will enforce your claims—both in civil and criminal courts.
When a child is taken abroad. If a child is taken abroad without consent, every hour counts. The Hague Convention on Child Abduction facilitates the orderly return of the child; in Switzerland, the Federal Office of Justice serves as the Central Authority. With partner law firms in over 80 countries, we take immediate action.
In the event of immediate danger, call the police (117) first—they can immediately order the violent person to leave the shared residence. Afterwards, you can obtain a contact, approach, and area restriction order under Article 28b of the Swiss Civil Code through civil and criminal proceedings; in urgent cases, this can be done within a few days. Victim assistance centers provide free and confidential counseling. We will guide you through both processes—seeking protection and filing a criminal complaint.
By filing a petition with the civil court, based on Art. 28b of the Swiss Civil Code, or as part of criminal proceedings. The court can order the other person not to approach you, contact you, or visit certain locations. In urgent cases, a super-provisional order is possible, which takes effect immediately. It is crucial to have clear documentation of the incidents—we can help you with that.
That is possible. Anyone who persistently fails to fulfil their child support obligation, even though they are able to pay, is liable to prosecution under Art. 217 of the Swiss Criminal Code. Regardless of this, you can collect outstanding amounts through the cantonal debt collection assistance program, apply for an advance payment, and initiate debt enforcement proceedings.
Act immediately. The 1980 Hague Convention on Child Abduction provides for the prompt return of children who have been wrongfully removed; the point of contact in Switzerland is the Federal Office of Justice, which serves as the Central Authority. The sooner the application is processed, the better the chances. With partner law firms in over 80 countries, we coordinate the proceedings across borders—immediately in emergencies. This applies even in countries that are not parties to the Hague Convention.
In cases of joint parental custody, generally not. Moving abroad requires the consent of the other parent or court approval. If the move takes place without such consent, it may constitute the offense of abduction of a minor (Art. 220 of the Swiss Criminal Code) and trigger return proceedings—even if the parent moving abroad is the one with sole physical custody.