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Centers against Domestic Violence in Austria
•
Upper Austria
Headoffice and Regional Offices against Domestic Violence in Upper Austria
Upper Austria
Linz
Kirchdorf
Gmunden
Ried
Freistadt
DSA Mag.a Maria Schwarz-Schlöglmann
Juristin, Sozialarbeiterin und Psychotherapeutin (Systemische Familientherapie),Lawyer, Socialworker and Psychotherapist
Geschäftsführerin des Gewaltschutzzentrums OÖCEO 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
ClubExecutive
boardManagement
Administration
Office cleaning
Advice
lawyerssocial
workerspsychologist
ssociologists
Deputy management
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
914
872
840
847
855
704
636
556
493
434
442
315
2012
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
2001
Number of Clients
1777
1718
1568
1567
1488
1245
1067
865
775
671
633
478
2012
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
2001
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 protectionagainst 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 CentersThese 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 informsthe Violence Protection Center
client is interested in taking further steps
client does not wantto take further steps
Get in touch with the client
Police intervention
Counselling:• Analysing current situation• Legal and social counselling• Danger evaluation• Security plan
Close the case with possible referralto other social institutions
Report was made to the police
Discuss the possibility of apply-ing for a restraining order and support the client in obtainingone
We inform the client about thecriminal procedure and his/her rights as a victim
Provide a lawyer
Go alongto court with the client
The case is closed
Final review of thetrial and the case
Data 2010: Eviction ordersLaw against domestic violence
Data 15 Years: ClientsLaw against domestic violence
Celebration „15 years law against domestic violence“ in parliament
Gewaltschutzgesetz
Law against domestic violence
§ 38a SPG:
Enables the police- to remove a violent offender from his home- and to prohibit him from return- ing for the duration of 2 weeks
§§ 382b, 382e EO:
Enables victims of domestic vio-lence to apply for a restrainingorder in court that prohibits theoffender 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
Legal support:
We provide and pay for a lawyer who is familiar with domestic violence and the local court system.
If time allows, we accompany the client to the first meeting with the lawyer
The lawyer provides us with a detailed report of the trial and outcomes achieved for our clients
Social support:
We explain the criminal procedures to the client
Inform them about their rights as victims and testimony at trial
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.)
We go along to court and stay with the client all through the trial
We make a final review of the outcome
Support is financed by the Ministry of Justice
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 arange of punishment ofup to one year of impri-sonment
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 pic- tures of the victim• from ordering goods or services on be- half 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 timephysical violence acts to another personcan be prosecuted by criminal court
For example:slap somebody in the face,to spit at somebody,… such assaults have not been a crimebefore!
Cooperation partners
Police
Court
Youth welfare office
Lawyers
Other social institutions
