4. Protection for domestic violence victims and relief granted | Austria | Fighting Domestic Violence

4.1 Civil protection orders

4.1.1 Are there civil protection orders available to victims of domestic abuse?

Yes. The main forms of protection orders available in Austria are as follows:

emergency barring orders
civil (law) protection orders
protection orders issued by the criminal justice system

Austrian legislation authorizes a member of the police to impose an emergency barring order against an abuser and to evict the abuser from the residence in the event that the abuser poses a threat and refuses to leave. The underlying principle is "whoever hits must leave," which allows the victim to remain in the residence. The emergency barring orders are issued for a term of two weeks and compliance is monitored by members of the police within the first three days. If the victim applies to the court for a civil protection order (see below), the duration of the emergency barring order can be prolonged to four weeks, which gives the court time to decide on the victim's application and enables continued protection to the victim.^[30] Emergency barring orders are limited to the home (residence), excluding protection at the workplace.^[31]

In addition, upon the application of the victim, a civil protection order can be issued by the court for up to 12 months. A civil protection order can include different provisions — depending on the situation — such as: (i) a prohibition from entering the premises/apartments; (ii) a prohibition from staying in certain places and contacting the victim; and (iii) a prohibition from evading privacy. An application for a civil protection order can be submitted regardless of whether an emergency barring order has been imposed; filing the application is free of charge.

Based upon the reviewed information, the protection orders are issued by the criminal justice system, but they are not commonly used and do not form a part of a set of standard measures protecting women against violence. In addition, they cannot be applied immediately because there are no special or fast-track courts.^[32]

4.1.2 Who can petition for civil protection orders?

Both civil protection orders and emergency barring orders can be petitioned for directly by the victim of domestic violence. As mentioned above, the victim can apply for a civil protection order regardless of whether an emergency barring order has been imposed by members of the police. With respect to minors under the age of majority (18 years old), a nonviolent parent (or the youth welfare officer) can apply for a civil protection order on their behalf.^[33]

Emergency barring orders protect every person at risk, without discrimination on any ground. It is not necessary for the relevant person/victim to be related to the abuser in any way or that they live together. The law also protects old people from violence by caretakers, as well as young people who are threatened at home by their peers. Migrants, as well as undocumented women migrants, have equal rights in terms of protection against domestic violence.^[34]

4.1.3 Are there temporary custody of a child or child support orders?

Based upon the reviewed information, the Protection Against Violence Act does not appear to include provisions relating to the temporary custody of a child. However, if a child under 14 years old is endangered, then the abuser may be prohibited from entering an institutional child care facility, the school or school day care center visited by the child and an area of 50 meters around any such premises.^[35]

4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

Yes. See the answer under "Are there civil protection orders available to victims of domestic abuse?" above.

4.1.5 Are there any other types of emergency, preventive and civil protection orders?

No other types of orders were identified in the course of our review.

4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

Yes. Both emergency barring orders and civil protection orders can be requested directly by the victim of domestic abuse. With respect to minors under the age of majority (18 years old), a civil protection order can be requested by a nonviolent parent (or the youth welfare officer) on their behalf. See the answer under "Who can petition for civil protection orders?" above.

4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?

Yes. As mentioned above, an emergency barring order is a short-term protection order applied by members of the police for a duration not exceeding two weeks (subject to a possible extension to an additional four-week period). See the answer under "Are there civil protection orders available to victims of domestic abuse?"

4.1.8 Are ex parte orders permitted without the aggressor being present?

Yes. Based upon the reviewed information, the emergency barring orders, in case of urgency, can be granted in an ex parte manner without notice to or the presence of the respondent/aggressor, provided that adequate safeguards are in place allowing the subsequent review of the order, notification of the respondent and providing them an opportunity to challenge the order.^[36]

4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?

Yes. Emergency barring orders (imposed by the police) extend protection to all persons living in the apartment/residence, such as a wife, partner, children, family members, cohabitants, etc.^[37] This applies to civil protection orders as well.^[38]

4.1.10 How long do the orders last?

The duration of the emergency barring order is two weeks, subject to a possible extension to an additional four-week period. Civil protection orders can be issued for a longer term (up to 12 months). See the answer under "Are there civil protection orders available to victims of domestic abuse?" above.

4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.

We were unable to find any resources (in English) including most recent information on how often civil protection orders are issued and any police reports, convictions, etc.

4.2 Steps for receiving a protective order

4.2.1 What documentation is needed to obtain a civil protection order?

To obtain a civil protection order, an application must be filed with the district court of the victim's place of residence. The application can be made in writing or verbally during the office hours of the court. In urgent cases, the court is obligated to accept the application outside of regular office hours. There is no fee for filing the application with the court. Evidence of violence must be presented to the court, e.g., police reports, statements by the victim, forensic findings, etc.^[39]

Regarding emergency barring orders, there is no specific set of documentation that is needed to obtain the emergency barring order. The basic step for obtaining the emergency barring order is for the victim to contact the police as soon as possible after the incident occurs. Members of the police are obligated to intervene promptly in cases of violence. The police officer must evict the abuser from the residence/apartment immediately so that the victim can be safe.^[40]

4.2.2 Does the victim need to attend a hearing?

Reviewed materials and information do not appear to address this question. However, as noted above, evidence of violence must be presented to the court, such as statements by the victim, forensic findings, etc. Active involvement from the victim is presumably needed.

4.2.3 Can you request remedies?

The Protection Against Violence Act does not appear to include any provisions relating to remedies, except for those already discussed in Sections 4.3 and 4.4.

4.2.4 Are there time limits?

It does not appear that there are any time limits imposed by the legislation, although emergency barring orders and civil protection orders last for a certain, limited time period, as described above. See the answer under "Are there civil protection orders available to victims of domestic violence?" above.

4.2.5 Are there different rules in emergencies?

It does not appear that there are different rules in emergencies, based upon the reviewed information and materials. The exceptions to this statement are: (i) in urgent cases, the court must accept the victim's application for the civil protection order outside of regular office hours (see the answer under "What documentation is needed to obtain a civil protection order?" above); and (ii) in urgent or dangerous cases, the civil protection order can be enforced through the police, as opposed to the court bailiff.^[41]

4.3 Judicial discretion

4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

Based upon the reviewed materials, we understand that the factors that are considered when deciding whether to grant a civil protection order are as follows:

whether physical abuse or the threat of abuse is in place and whether it makes life with the abuser intolerable
whether there is psychological violence that seriously affects the victim's mental health^[42]

The reviewed materials do not appear to indicate that the judge must grant a civil protection order upon the satisfaction of the above criteria. Therefore, it is not excluded that judicial discretion might be involved in granting a civil protection order and determining the term for which the civil protection order will run.

An order for a civil protection order can be made by the court whether or not the respondent/abuser is present at the proceedings (or whether the abuser has been notified of the proceedings), although the courts usually provide the opportunity for the abuser to be present and heard at the proceedings.^[43] There appears to be leeway in that respect, i.e., courts may provide an abuser, at their discretion, with an opportunity to be heard at the proceedings.

4.3.2 Are there age limits on who can obtain orders?

It does not appear that there are any age limits, except that, with respect to minors under the age of majority (18 years old), a civil protection order must be requested by a nonviolent parent (or the youth welfare officer) on their behalf. See the answer under "Who can petition for civil protection orders?" above.

4.4 Restitution and remedies available to victims

4.4.1 Can victims obtain reimbursement for costs and restitution paid?

Yes. The courts have the ability to award compensation costs for loss of income, financial support for any long-term care, medical aid, psychotherapy or psychosocial crisis intervention of up to 10 counseling sessions. In addition, there may be lump-sum compensation ranging from EUR 2,000 to EUR 12,000 where injuries causing harm to life or health are involved.

Compensation may be sought from the abuser as part of criminal proceedings or separately through civil law remedies. If compensation cannot be obtained from the abuser directly, the Law on Victims of Crimes provides that compensation is payable by the state for any criminal behavior that led to bodily injury or death, provided that any such crime carries a prison term of a minimum of six months.

Compensation resulting from criminal proceedings is dependent on a guilty verdict.

Certain reviewed materials indicate that the criteria for the state compensation set forth in the Law on Victims of Crimes may exclude certain classes of women/victims from eligibility. First, the law excludes migrant women if they were unlawfully resident in Austria at the time of the offense or if their respective country offers a comparable compensation scheme. Second, if a woman waives her right to seek compensation from the abuser, she will cease to be eligible for the state compensation. Third, where a recourse action is taken by the state against the abuser for any compensation paid to the victim, this may lead to financial burden on the victim and her family/children because the abuser may no longer be able to pay certain payments to his family, e.g., alimony.^[44]

4.4.2 Can they recover wages and profits lost?

Yes. Compensation includes loss of income.

4.4.3 Is a separate civil process required?

Compensation may be sought as part of either criminal proceedings or separately through civil law remedies. See "Can victims obtain reimbursement for costs and restitution paid?" above.

Fighting Domestic Violence

Austria

Select a Topic

Quick Links

Quick Links