law against domestic violence

advertisement
Centers against Domestic
Violence in Austria
•
Upper Austria
Headoffice and Regional Offices
against Domestic Violence in
Upper Austria
Upper Austria
Freistadt
Ried
Linz
Gmunden
Kirchdorf
DSA Mag.a Maria Schwarz-Schlöglmann
Juristin, Sozialarbeiterin und Psychotherapeutin
(Systemische Familientherapie),
Lawyer, Socialworker and Psychotherapist
Geschäftsführerin des Gewaltschutzzentrums OÖ
CEO of the Violence Protection Center Upper Austria
Gewaltschutzzentrum
Oberösterreich
Violence Protection Center
Upper Austria
Development

May 1997:
The Austrian Gewaltschutzgesetz (law against domestic violence) is
enacted.

October 1998:
The Intervention Center is established in Linz

Spring 2001:
The first branch of the Center opens in Freistadt
•
2005 - 2007:
3 more branches
•
January 2006:
Law for support in criminal justice is enacted.

April 2006:
“Intervention Center” is renamed “Gewaltschutzzentrum” (Violence
Protection Center)

July 2006:
Anti-Stalking law is enacted

June 2009:
The 2nd Gewaltschutzgesetz (law against domestic violence) is enacted,
including several changes of the former law
Organisation Chart
Club
Executive
board
Management
Deputy
management
Office cleaning
Administration
Advice
lawyers
social
workers
psychologist
s
sociologists
Kinds of Violence
• Physical violence
• Sexual violence
• Psychological violence
• Economic violence
• Social violence
• Stalking, including Cyber-Stalking
Tasks
• Providing legal and social counselling to
victims of domestic violence
• Supporting and accompanying them
when taking legal steps
• Support in criminal procedures (due to
victim‘s rights prescribed by the law)
• Counselling of stalking-victims
• Cooperation with different public and
social institutions
• Training of police officers
• Public relations
• Prevention of violence
Our clients
• 88 % are women
• 47 % of them have children
• 93 % of our clients were abused by men of
which 64 % are partners or ex-partners
• 76 % Austrian
• 67 % of them are between 22 and 50 years old
• 60 % are referred to us by the police after a
domestic intervention
(Status: 2011)
Eviction orders
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
315
442
434
493
556
636
704
855
847
840
872
914
Number of Clients
2001
2002
2003
2004
2005
2006
2007
2008
478
633
671
775
865
1067
1245
1488
2009
1567
2010
1568
2011
2012
1718
1777
Team life

Team Meetings:
-

Team Meeting
Case Review
Review of the year/planning
the next year
Counselling
- Team Counselling
- Case Counselling
- Personal Counselling

Team Life in general: time to
discuss and exchange opinions,
experience…

Further education and seminars
Discription of system of protection
against domestic violence in
Austria
Law against domestic violence –
Model of preventing violence
The Austrian „Gewaltschutzgesetz“ –
The success exists on three principles:
• Eviction order from the police
• Restraining order from the court
• Violence Protection Centers /
Intervention Centers
These institutions get information from the
police about eviction orders and Stalking, the
clients are contacted immediately from the
Center against domestic violence; the focus of
work is creating security plans and restraining
orders with the clients and accompanying
them through this steps
 Cooperation between police and Violence
Protection Centers is a legal duty
Process of interventions
Police intervention
Police informs
the Violence Protection Center
Get in touch
with the client
client is interested in taking further steps
client does not want
to take further steps
Close the case with
possible referral
to other social institutions
Counselling:
•Analysing current situation
•Legal and social counselling
•Danger evaluation
•Security plan
Report was made to the police
We inform the client about the
criminal procedure and his/her
rights as a victim
Provide
a lawyer
Go along
to court with
the client
Discuss the possibility of applying for a restraining order and
support the client in obtaining
one
Final review of the
trial and the case
The case is closed
Data 2010: Eviction orders
Law against domestic violence
Data 15 Years: Clients
Law against domestic violence
Celebration „15 years law against
domestic violence“ in parliament
Gewaltschutzgesetz
Law against domestic violence
§§ 382b, 382e EO:
§ 38a SPG:
Enables the police
- to remove a violent offender
from his home
- and to prohibit him from returning for the duration of 2 weeks
Enables victims of domestic violence to apply for a restraining
order in court that prohibits the
offender from
-returning home / order to leave home
- being in certain places
- having any contact with the victim
Psychosocial und lawyer
Support in criminal procedures
Psychosocial und lawyer Support in
criminal procedures
• Information about advertisement and
accompanying to the police
• Making contact to the lawyer
• Accompanying to court hearings
• Psychosocial Councelling and support
• Information about further steps (Crime
Victims Law, Psychotherapy)
Support in criminal procedures
Support is financed by the Ministry of Justice
Legal support:
Social support:
 We provide and pay for a lawyer
who is familiar with domestic
violence and the local court
system.
 We explain the criminal
procedures to the client
 If time allows, we accompany
the client to the first meeting
with the lawyer
 We prepare the client for court
(where is it, who will be there,
what does the courtroom look
like, what does a testimony have
to do etc.)
 The lawyer provides us with a
detailed report of the trial and
outcomes achieved for our
clients
 Inform them about their rights
as victims and testimony at trial
 We go along to court and stay
with the client all through the
trial
 We make a final review of the
outcome
Stalking
Round 10 % of the clients
are affected by Stalking
(most of the offenders are
former relationship
partners)
Anti-Stalking-Gesetz
Anti-Stalking-law
criminal offense with a
range of punishment of
up to one year of imprisonment
Restraining order prohibiting the
stalker
•from personal contact with the victim
•from contact via letters or the
telephone
•from lingering in certain places
•From passing on personal data or pictures of the victim
•from ordering goods or services on behalf of the victim
•From having a third party contact
the victim
Stalking List of Recommendations for Victims
• Abstinence (not call back or answer – 1x and
unmisstakeable declare that no contact is welcome)
• Transparence (to inform the social environment
workplace – forbid giving informations)
• Documentation (for evidence)
• Consequence (recommendations have to be
followed, empowering victims do not make any
contact)
Continued Violence as a new
Criminal law (§ 107b StGB since
1.6.2009)
Who continues a longer time
physical violence acts to another person
can be prosecuted by criminal court
For example:
slap somebody in the face,
to spit at somebody,…
such assaults have not been a crime
before!
Cooperation partners
 Police
 Court
 Youth welfare office
 Lawyers
 Other social
institutions
Thank you for your
Attention!
www.gewaltschutzzentrum.at
Download