What are my rights?

You have the right to counseling and support from a counseling center. This includes women’s shelters.

In Österreich gibt es viele verschiedene Hilfseinrichtungen. Eine Übersicht über die wichtigsten Gewaltschutz-Einrichtungen und Themen finden Sie in unserer Übersicht.

For longer-term protection, you can apply to the court for a Restraining Order. A Restraining Order is a document that regulates contact prohibitions for the perpetrator. There are different types of Restraining Orders. For example:

• The perpetrator is not allowed to enter your home
• He is not allowed to contact you
• The perpetrator is banned from several places (home, kindergarten, …)
• The perpetrator is not allowed to share any personal data or photos of you

When you file an application for a Restraining Order, it is advisable to provide the court with evidence. This can be, for example:

• A Barring and Non-Moletation Order
• A criminal complaint
• A statement to the police
• Evidence of injuries (for example, photos)
• Evidence of digital violence (chat messages, emails, voice messages, etc.)

We recommend that you seek support when filing the application. If you do not yet have a counselor, call our counseling center.

If you experience violence, you can report the perpetrator to the police. This means that you report the criminal acts.

Criminal acts include, for example:

• Continuing violence
• Bodily harm
• Stalking
• Rape
• Dangerous threat

The police must investigate after a report. This means they examine your case and collect evidence. This is sent to the public prosecutor’s office.

The public prosecutor’s office decides whether charges will be brought against the perpetrator. If charges are brought, there will be a court hearing.

This is important:

• You have the right to court assistance during proceedings. This means: you can receive counseling before filing a report and do not have to go to the police alone.
• If you have filed a report alone, take the protocol with you. This is called a “Zeugenvernehmungs-Protokoll.” You have the right to take it with you.
• If you have filed a report alone, you can still receive court assistance afterward. Call us.
• You cannot withdraw a report.
• When the police learn of criminal offenses, they must file a report. This is called the official principle.

You have the right to court assistance during proceedings for the entire process. This means: you receive counselors who accompany you. Your court assistance counselors are a psychosocial counselor (for example, a social worker or psychologist) and a lawyer. Your court assistance counselors accompany and advise you from the beginning to the conclusion of the court proceedings.

• Advise you on your rights and obligations and explain the process to you.
• Prepare appointments with you. For example: with the police or in court
• Accompany you to court appointments
• Support you throughout the entire process

Under certain circumstances, you can also receive court assistance in civil proceedings. For example, in cases of:

• Divorce
• Custody

You can receive court assistance at our counseling center.