The rights of survivors of domestic violence in relation to safety, protection, support and couselling are essential for the future. The Victims' Directive (2012/29/EU) guarantees, that everyone has the same rights in the criminal process, regardless of nationality or right of residence (including the undocumented). These rights include, for example, the right to interpretation, translations and access to crime victim support services.
Initiating child protection procedures, risk assessment, providing information about shelters, assisting with financial issues, protecting personal data, and offering immediate crisis help and psychosocial support are essential aspects of ending domestic violence.
The police are responsible for ensuring public order and safety and preventing and investigating crime.
Tasks and responsibilities:
- They are obliged to come immediately upon receiving an emergency call (110).
- Questioning by same-sex police officers.
- Provision of language mediation.
- Investigating and documenting what happened.
- Preserving evidence and arranging for medical documentation of physical injuries and securing evidence after rape.
- File a complaint or prosecution of an official offence.
- Written confirmation of the complaint for the victim (information about the place, time and offence reported).
- Enquire about the victim's need for protection and risk assessment; if there is a high risk of further offences, case conferences can be convened with all the professionals involved and those affected.
- If necessary, security planning and acute protective measures such as removal, prohibition of approach and contact, securing digital devices, approaching dangerous persons, detention of offenders.
- Informing about the release of the perpetrator from custody.
- Informing the youth welfare office if there are children in the household.
- With your consent, the police will inform a counselling centre, which will call you.
- Providing information about measures to protect against violence, counselling centres and shelters.
- Accompaniment to a women's refuge, if necessary.
- Informing you about your rights in criminal proceedings: Interrogation as a witness, accessory prosecution, legal aid, lawyer, compensation or damages for pain and suffering.
- Informing you about the possibility of victim-offender mediation and psychosocial court support.
- Protection of personal data, e.g. new address.
Please feel free to ask any questions you may have to the police.
There are numerous advice centres, hotlines and protection facilities available in case of domestic violence. The staff are on your side and are bound to confidentiality. You can also make use of the services anonymously. When seeking counselling, it is important to know what your concerns are. The main services are:
- Information on domestic violence, protection options, the legal situation (including residence permit), financial matters etc.
- Support with applications
- Support in coping with the experience
- Support in deciding and implementing the next steps
- Support to protect the children
- Referral to further offers of help
- Joint development of a risk assessment, if necessary involving the police with your consent
You decide what happens next for you. The shelters will provide a safe place for you and your children and will also offer counselling if you wish.
Mandate of the youth welfare office: Protection of children and risk assessment in the case of child endangerment. Legal guardians and children have the right to be included in the risk assessment.
- The youth welfare office can offer help to protect the children and relieve the family.
- To avert danger, the youth welfare office can involve the police, the family court, health facilities or other support organisations.
You have a right to treatment. Fundamental patient rights are:
- the right to inspect treatment records,
- the right to information and health education,
- the right to self-determination, which means that a medical procedure may only be carried out with the patient's consent.
- Obligation to document in the patient file.
- Ask for the victim’s consent before letting in any visitors.
Doctors can involve the youth welfare office if there is a risk to the child's welfare.
All healthcare professionals are subject to a duty of confidentiality, including towards partners and family. Have the confidence to tell the doctor if you have been injured in your relationship. You have the right to be examined and treated without the presence of accompanying persons.
- You can obtain court-proof documentation following domestic and/or sexual violence from many central emergency rooms/rescue centres, violence protection outpatient clinics or forensic medicine institutes