I am Sabine Schmutz, and I work as a lawyer in Bern. I have been doing this work for about 25 years and I enjoy it very much. I see many people in difficult situations, and it is rewarding to accompany them on their way out of these challenges. It is truly moving to see how people manage to break the cycle of violence and step by step build a new life with the help of various organizations that support them.

Legal Options for Victims of Domestic Violence

Victims of domestic violence can take action. They can initiate legal steps to protect themselves. For instance, they can separate: married individuals can initiate a separation process or marriage protection proceedings in court. Even those who are not married, but have minor children, can initiate proceedings with the Child and Adult Protection Authority (KESB) or the court to address issues concerning the children.

Individuals affected by domestic violence, whether married or not, can also apply to the court for protective measures. These measures can protect against violence, threats, or harassment.

Victims also have the option of initiating criminal proceedings. In criminal proceedings, victims of domestic violence have certain rights. For example, every victim has the right to be accompanied by a trusted person during the proceedings and to request the presence of an interpreter.

What Evidence is Necessary?

What type of evidence is needed to legally proceed against a perpetrator? There is a wide range of possible evidence, and it varies depending on the case. It is important that the victim can provide clear and detailed statements. Domestic violence often involves incidents that happen behind closed doors, meaning it is frequently one person’s word against another’s. Therefore, it is crucial to collect evidence as early as possible after experiencing violence.

For instance, medical reports: it is essential to visit a doctor immediately after an incident and explain exactly what happened. One can also take photographs of injuries, preferably with a timestamp, to document when they occurred.

Text messages, voice messages, and emails should also be saved, ensuring that dates and times are clearly documented. Screenshots of missed calls, for example, in cases of phone harassment, can also be helpful. Involving neighbors who may have witnessed something or confiding in someone, whether it be a trusted friend or a counselor from a victim support service, can provide additional evidence. Keeping a journal can also be beneficial. The key is to gather as much evidence as possible. 

What to Do About Financial Concerns?

When deciding to separate due to domestic violence, financial worries can arise. Initiating legal proceedings can also be costly. Seek advice from a victim support center, as there are options available. Depending on the case, one can apply for legal aid or receive cost approvals through victim assistance programs. Therefore, if you are affected by domestic violence, do not let financial concerns hold you back. Visit a victim support center and get advice. There are truly effective support options available.

On average, we respond to four cases of domestic violence per day in the canton of Bern. My name is André Weber, and I work in the Prevention Department of the Bern Cantonal Police. 

What happens when the police are alerted to a case of domestic violence?

We are dispatched to the scene by our operations center. Upon arrival, we establish contact with those involved and assess the situation. The first few minutes on-site are always filled with uncertainty. Was it a simple argument? Are there dangerous items such as knives, glasses, or weapons present? Are children involved? If so, we strive to ensure their safety and remove them from the situation. 

If anyone is injured, providing care becomes our top priority.

We then separate the involved parties into different rooms, if possible, to hear both sides of the story and understand what they experienced or may have done. Simultaneously, we secure any evidence and trace materials at the scene. After initial assessments, we decide how to proceed. We determine whether the case involves a «complaint-based offense» (requiring the victim to file charges) or an «official offense» (where the police must act ex officio).

Based on these findings, we decide on the next steps for both the victim and the perpetrator. How should the situation be handled moving forward? We aim to answer this question as effectively as possible. It’s crucial that victims are not left alone but receive the help they need. To this end, we involve additional partners, such as women’s shelters or the Child and Adult Protection Authority. If the victim agrees, we also contact victim support services. 

If you are personally affected by domestic violence or witness an incident, please don’t hesitate to reach out to us. Even if you are unsure, it’s better to contact us once too often than too late. There are no costs for you. Call us anytime—we are available 24/7 at 112 or 117. 

My name is Nick Hostettler, and I work as a violence counselor at the Fachstelle Gewalt in Bern. What interests me most about my work is trying to understand people. I try to understand why they behave the way they do and work with them in counseling to explore what exactly they do and why they do it. This always has a lot to do with emotions.

In addition to my work as a violence counselor, I am interested in the phenomenon of violence on various levels. I am also a safety specialist and run my own security company « Taktvoll Sicherheitskultur ». Beyond that, I enjoy martial arts and offer self-defense courses for everyone.

At the Fachstelle Gewalt, people contact us who have either become violent or are afraid that they might become violent. We are a non-profit organization funded by donations. This means that a counseling session costs only as much as the client can afford to pay.

We support people in changing their violent behavior. This is a process and takes time. We can only provide support if there is a willingness to change. Especially in relationships, violent behavior is not purely out of malice but is often a means to an end to resolve a situation.

The first step is working on taking responsibility. It is essential that the perpetrator fully takes responsibility for the actions they have committed. Second, we provide education: how does violence occur? What is violence? And why do people who have become violent often become violent again?

Next, we work on perception: how do I perceive things? How do I feel? How can I control and regulate myself? We encourage self-reflection and explore what can be done to ensure that they no longer act violently. Often, perpetrators feel helpless. They don’t see themselves as capable of changing or controlling their behavior but want to do so. We try to support them in regulating themselves and controlling their behavior.

Protective measures are actions taken to ensure the safety and protection of vulnerable individuals, especially in cases of violence or threats. These measures can be ordered by the court or even by the police, independently of a criminal procedure.

Common protective measures include:

• Eviction: The police can evict the person committing violence from the home or residence for 14 days.

• Detention: The police can detain the person committing violence for up to 24 hours to ensure the safety of the affected individual.

• Contact ban: Perpetrators are prohibited from contacting the affected person, either directly or through third parties.

• Exclusion zone: Perpetrators are prohibited from entering specific areas, such as the home or workplace of the affected person.

• Restraint order: A minimum distance is set, which the perpetrator must maintain from the affected person.

• Assignment of the family home: The court can assign the family home to the affected person, requiring the perpetrator to leave the property.

• Programs for offenders: The court can order the offender to attend a rehabilitation program to prevent further violence.

• Electronic ankle bracelet: In severe cases, the court can order the perpetrator to be monitored with an electronic ankle bracelet to ensure compliance with the exclusion zone or restraint order.

A request for legal aid can be made if someone is financially unable to cover the costs of a court case. If the request is granted, the state will cover all or part of the attorney and court fees.

The requirements are that:

• The financial resources are insufficient.
• The case is not hopeless.

Legal aid ensures that everyone, regardless of their financial situation, has access to justice.

A criminal procedure is initiated when a crime is reported or discovered. It serves to clarify the crime, gather evidence, and determine whether the perpetrator should be punished. It also aims to protect the rights of the affected individuals and ensure justice.

In cases of domestic violence or threats, the police or prosecutor's office investigates the situation, questions witnesses, and secures evidence. Afterward, the prosecutor's office decides whether to press charges.

There are two types of crimes:

• Complaint-based offenses (Antragsdelikte): For these crimes, the victim must first file a report (submit a criminal complaint) in order for the case to be prosecuted. Examples include minor threats or light bodily harm.

• Officially prosecuted offenses (Offizialdelikte): These crimes are automatically pursued by the police or prosecutor's office, even if the victim does not file a report. This includes serious cases such as severe bodily harm, rape, or severe forms of domestic violence.