Domestic violence
In cases of domestic violence, we take immediate steps to protect you: We file for a restraining order and a no-contact order under Art. 28b of the Swiss Civil Code (ZGB), assist you in filing a police report, and simultaneously address urgent issues regarding the marital home and parental custody. Depending on the canton, a police eviction order may also apply, which we will pursue through legal channels. We coordinate civil, criminal, and—in the case of international families—cross-border aspects all under one roof. Our goal: to provide swift, discreet protection for you and your children, combined with a clear strategy for the next steps.
Contact: contact@alkatout-legal.ch | +41 22 512 04 05
Domestic violence encompasses more than just visible physical assaults. It also includes threats, repeated humiliation, control over finances or social contacts, and cyberstalking. Swiss law addresses this primarily through Article 28b of the Swiss Civil Code (ZGB): Anyone whose personal integrity has been violated through violence, threats, or stalking may apply to the court for a contact ban, a no-go zone order, or a residential exclusion order—regardless of whether criminal proceedings are underway. We will assess for you which form of protection applies in your specific case and how civil, criminal, and police measures can be effectively combined.
In urgent situations, every hour counts. We file the petition for a restraining order or exclusion order in such a way that the court can issue a super-provisional order—that is, without first hearing the other party. In addition, police law in many cantons provides for the immediate removal of the violent person from the shared residence. We ensure that this initial measure is legally sound and prepare the subsequent legal steps so that protection continues beyond the first few days.
In addition to civil law protections, we thoroughly examine the criminal law aspects. Certain crimes committed within the family are prosecuted ex officio in Switzerland; since the 2020 revision of the law, the possibility of suspending proceedings at the request of the affected person has been strictly limited. We assist you in filing a criminal complaint, during interrogations, and—where necessary—as a joint plaintiff in the proceedings. This information does not replace an assessment of your individual case; we will discuss the specific legal situation in a personal consultation.
CHILDREN'S INTERESTS AND
PROTECTION OF THE FAMILY
Domestic violence has a direct impact on children’s interests: parental authority, custody, and visitation rights. We assess whether an adjustment to parental custody, a restriction on visitation rights, or supervised contact is appropriate, and coordinate with the competent Child and Adult Protection Authority as needed. The protection of children is always at the center of our strategy.
INTERNATIONAL CASES
If the offender or the victim are abroad, the application of Swiss law and Swiss jurisdiction are challenged. We assess together with you whether initiating proceedings in Switzerland is still in your favor or if we recommend you one of our partner firms in the respective country.
We specialize in family law and respond immediately in emergency situations—discreetly, strategically, and by your side. When necessary, we draw on our network of private investigators, financial planners, and psychologists to comprehensively protect your interests. You never fight alone: we are by your side, all along.
In urgent cases, the court may issue a superprovisional order, usually within 48 hours; in cases of immediate danger, the police may also issue an immediate expulsion order.
No. The restraining order under Article 28b of the Swiss Civil Code is a civil law instrument and is independent of any criminal proceedings.
Parental custody, guardianship, and visitation rights are addressed separately and promptly as needed; we coordinate this closely with the child protection authority.
Not automatically. Through our international partner network, we determine the enforcement and recognition in each country.