Persistent Domestic Violence
- Persistent Domestic Violence
- objective elements of the offence
- Distinction from other offences
- Burden of proof and evaluation of evidence
- Practical example
- subjective elements of the offence
- Culpability and mistakes
- Extinction of punishment and diversion
- Sentencing and consequences
- Penalty Range
- Monetary Penalty – Day-fine System
- Imprisonment and (partially) suspended sentence
- Jurisdiction of the courts
- Civil claims in criminal proceedings
- Overview of criminal proceedings
- Rights of the accused
- Practical guidance and behavioural advice
- Your Benefits with Legal Assistance
- FAQ – Frequently Asked Questions
Persistent Domestic Violence
Persistent Domestic Violence according to § 107b StGB covers long-lasting violent relationships in which a person is repeatedly physically abused over a certain period of time or attacked through other punishable acts against life and limb or against freedom. The physical and psychological integrity as well as the autonomous conduct of life of the affected person are protected. The focus is on situations where violence occurs not as an isolated incident, but as a recurring pattern that creates control, fear, and dependency.
The norm specifically closes protection gaps where individual bodily injuries or offenses against freedom would be insufficient on their own, because the actual injustice arises from the duration, intensity, and systematic nature of the violence. Cases are particularly serious when the violence leads to comprehensive behavioral control, massive restriction of self-determination, or severe long-term consequences, including death.
An act of persistent domestic violence means that a person repeatedly exercises violence, injures the body, or restricts freedom over a longer period, thereby gradually taking control over the affected person’s life.
objective elements of the offence
The objective elements of § 107b StGB Persistent Domestic Violence cover any outwardly recognizable behavior that extends over a longer period, occurs repeatedly, and is objectively suitable to significantly impair a person’s physical or psychological integrity as well as their freedom. The right to lead one’s own life without ongoing abuse, threats, or controlling interventions is protected. Decisive is the overall picture of persistent violence, not the subjective motivation of the perpetrator. The victim does not have to actively resist or feel fear; it is sufficient that the actions are objectively suitable to cause a significant burden or restriction of the conduct of life.
Steps of legal assessment
Perpetrator:
The perpetrator can be any person who repeatedly commits acts of violence against another person over a certain period or has them committed by third parties. A special position is not required. It is crucial that the repeated acts of violence remain objectively attributable to the perpetrator and form a uniform pattern of violence. test
Object of the Offense:
The object of the offense is any person whose physical and psychological integrity, as well as their freedom and autonomous conduct of life, are impaired by persistent violence. The norm particularly protects individuals who find themselves in a violent relationship where the assaults are so frequent, intense, or systematic that a normal, self-determined life is barely possible. Special importance is given to vulnerable persons, such as children, the elderly, or persons with disabilities, who are less able to escape violence or defend themselves.
Act:
The criminal act forms the central point of connection for the offense. Persistent domestic violence requires repeated, systematic, and burdensome behavior over a certain duration. The actions must form an overall picture that, according to general life experience, is suitable to physically harm, psychologically pressure, or perceptibly restrict the freedom of the affected person.
Legal Definition
According to § 107b para. 1 StGB is liable to prosecution if they persistently exercise violence against another person over a longer period of time. Para. 2 specifies the concept of violence by referring to physical abuse and intentional punishable acts against life and limb or against freedom, whereby punishable acts under § 107a StGB, § 108 StGB, and § 110 StGB are explicitly excluded. Paras. 3 and 3a increase the penalty framework if, through persistent domestic violence, comprehensive control over the victim’s behavior is established, their autonomous conduct of life is significantly restricted, or particularly vulnerable persons are affected, the violence occurs in a torturous manner, or repeated sexual offenses are added. Para. 4 defines particularly serious cases with severe long-term consequences or fatal outcome as felony offenses with significantly increased penalties.
1. Repeated Physical Abuse
Typical are recurring physical assaults such as blows, shoves, strangulation, kicks, or other forms of abuse that extend over weeks or months. Taken individually, single incidents might appear as bodily injury, but viewed in context, they form a pattern of violence that puts the victim in constant fear, undermines self-esteem, and severely restricts freedom of action. It is crucial that the perpetrator knows that with each further act of abuse, they are continuing an existing spiral of violence.
2. Repeated Attacks Against Life and Limb
In addition to physical abuse, the offense also covers other punishable acts against life and limb, such as dangerous threats of physical violence, pushing around in dangerous places, or forcible detention, as long as these actions are part of an ongoing violent relationship. The line to a mere isolated incident is crossed when daily life is characterized by repeated threats of violence, physical attacks, or the constant fear of the next assault.
3. Persistent Restrictions of Freedom
Persistent domestic violence also includes repeated interventions in the freedom of the affected person, such as imprisonment, systematic surveillance, confiscation of keys, mobile phone, or identification documents, or permanently preventing them from leaving the home. Such actions are treated as offenses against freedom under criminal law but gain particular significance within the framework of § 107b StGB if they are part of a comprehensive system of violence and control that effectively overrides self-determined conduct of life.test
4. Violence in Close Social Environments and Relationships of Dependency
Typical are violent relationships within partnerships, families, care relationships, or other dependencies. The perpetrator uses their proximity, economic superiority, or emotional ties to repeatedly employ violence, thereby enforcing obedience, fear, and subordination. Individual incidents often appear outwardly as private conflicts; only the overall view of the recurring assaults makes it clear that a punishable persistent domestic violence is present.
5. Control of Conduct of Life
In qualified cases according to § 107b para. 3 StGB, persistent domestic violence leads to the affected person being comprehensively controlled in their behavior or their autonomous conduct of life being significantly restricted. This refers to situations where, for example, the victim may only leave the house with the perpetrator’s consent, social contacts are prevented, their own financial management is withdrawn, or constant threats of violence effectively prevent any independent decision. The violence then serves not merely to punish individual behaviors, but to achieve the permanent subordination of the entire conduct of life to the perpetrator’s will.
Result of the Offense:
A separate criminal outcome is not required. It is sufficient that the violence is persistent over a certain period and is objectively suitable to significantly impair the victim’s physical or psychological integrity or freedom. Actual injury consequences are not a prerequisite but can influence the assessment of intensity.
Causality:
Causal is any behavior without which the pattern of violence would not have arisen. In cases of severe consequences, the cause must lie in the repeated violence. It must be ruled out that other circumstances caused the severe consequences. In qualified outcomes, the damage must clearly be attributable to the ongoing violence.
Objective Attribution:
Behavior is objectively attributable if the perpetrator, through the persistent acts of violence, creates or significantly increases a legally disapproved danger to the physical and psychological integrity as well as the freedom of the affected person, and this danger materializes in the specific impairment or qualified outcome. Isolated, situational disputes without a recognizable repetitive structure are not covered. The offense is specifically intended to cover those situations in which violence is deliberately used as a permanent means of exercising power.
Qualifying circumstances
§ 107b para. 3 StGB concerns situations in which persistent domestic violence leads to the affected person being perceptibly restricted in their daily life or the perpetrator establishes comprehensive control over their behavior. Para. 3a focuses on particularly vulnerable victims, such as minors or persons defenseless due to health conditions, on torturous methods of commission, and on cases where repeated offenses against sexual self-determination and integrity are committed within the violent relationship. Para. 4 covers the most severe courses of events, in which persistent domestic violence leads to permanent severe damage or death. In these cases, the law evaluates persistent domestic violence as a massively aggravated injustice with correspondingly increased weight.
Sebastian RiedlmairHarlander & Partner Attorneys „The overall picture of repeated assaults is decisive, not the isolated consideration of individual acts of violence.“
Distinction from other offences
The objective elements of persistent domestic violence according to § 107b StGB covers not a single act of violence, but a permanent violent relationship composed of several punishable acts. Decisive factors are repetition, duration, and the systematic use of violence to establish control or subordination. The injustice arises from violence being used not as a one-off event, but as a permanent means of exercising power. The distinction from other offenses is primarily made through the time factor and the overall picture of a persistent pattern of violence.
- § 83 et seq. StGB – Bodily Injury: Bodily injuries cover individual acts of injury. § 107b StGB goes beyond this and concerns cases where many individual acts coalesce into a recurring system of abuse. Both offenses can exist concurrently, as each individual injury and the overarching violent relationship constitute distinct wrongs.
- § 107 StGB – Dangerous Threat: A dangerous threat concerns the announcement of violence. Persistent domestic violence requires the actual, repeated exercise of violence. In practice, both offenses often occur together, for example, when repeated abuse is reinforced or secured by threats.
- Offenses against Freedom and Persistent Stalking: Repeated imprisonment or systematic restrictions of freedom constitute offenses against freedom and can simultaneously be part of persistent domestic violence. Persistent stalking under § 107a StGB, in contrast, protects one’s conduct of life from ongoing harassment, without necessarily requiring physical violence. § 107b StGB, however, focuses on ongoing physical or freedom-related violence within a violent relationship.
Concurrences:
Genuine Concurrence:
True concurrence exists when additional independent offenses are committed alongside persistent domestic violence, such as bodily injury, grievous bodily harm, dangerous threat, coercion, deprivation of liberty, abuse of persons under care, sexual offenses, or property damage. Persistent domestic violence generally does not supersede these offenses but regularly stands independently alongside them.
When determining the sentence, it must be noted that the individual acts are simultaneously part of an overarching violent relationship.
Spurious Concurrence:
Persistent domestic violence is subsidiary if the behavior simultaneously fulfills a more serious offense, such as grievous bodily harm, severe coercion, rape, or extortionate kidnapping. In these cases, punishment is exclusively based on the more serious offense, even if the repeated acts of violence would, on their own, constitute persistent domestic violence.
Important note: Aggravating circumstances must not be counted twice during sentencing.
Repetition, duration, and control must not be considered aggravating again if they are already included in the more serious offense.
Multiple Offenses:
Plurality of offenses exists when the perpetrator maintains several violent relationships that are separate from each other, for example, if they repeatedly abuse different persons independently. Plurality of offenses also exists if there is a clear temporal break between two violent relationships, so that the actions can no longer be considered a single event. In these cases, each violent relationship is evaluated as a separate offense and punished separately.
Continued Action:
A single offense is assumed if the violent relationship persists uninterrupted and the same purpose is pursued, such as control, intimidation, or the permanent subordination of the victim.
The offense only ends when the violent relationship is actually terminated. Short periods of calm, during which no assaults occur without the perpetrator abandoning their behavior, do not interrupt the criminal activity. In these cases, persistent domestic violence remains a single unit of action.
Burden of proof and evaluation of evidence
Public Prosecutor’s Office:
The public prosecutor’s office must prove that repeated violence was exercised against the same person over a longer period. Individual incidents are not sufficient; decisive is an overall picture that shows it is a permanent violent relationship.
In particular, it must be demonstrated,
- that there have been repeated physical assaults or other punishable acts against the health or freedom of the affected person,
- that these incidents are temporally connected and form a recognizable pattern,
- that the behavior was objektiv geeignet to significantly impair the physical and psychological integrity as well as the self-determined conduct of life of the affected person.
For more serious cases, additional circumstances must also be proven, such as
- that there have been repeated sexual assaults, severe long-term consequences, or even death.
- that the behavior led to control over the victim’s daily life,
- that the affected person’s conduct of life was perceptibly restricted,
- that there was particular vulnerability (e.g., in children or defenseless persons),
- that the violence was particularly torturous or
Court:
The court evaluates all evidence in its overall context. It examines whether the behavior is objectively to be considered persistent domestic violence. This involves the question of whether a pattern of violence can be recognized over a longer period that has significantly burdened the affected person physically, psychologically, and in daily life.
The court pays particular attention to
- type, frequency, and duration of the assaults,
- the internal connection between the individual incidents,
- the intensity of the physical or freedom-related interventions,
- the actual consequences in everyday life, such as withdrawal, isolation, adjustment of the daily routine, loss of contacts or inability to work,
- and on whether an average person would perceive such a situation as massively stressful and unbearable.
The court clearly distinguishes between
- as well as situations that do not last for a longer period of time.
- One-time disputes,
- Mutual family conflicts without a clear excess of violence,
Accused Person:
The accused person bears no burden of proof. However, they can point out reasonable doubts, for example, regarding
- the alleged duration and frequency of the violence,
- the classification of individual incidents into an alleged pattern of violence,
- the cause of injuries or psychological impairments,
- or the question of whether it was in reality a matter of one-time escalations in mutually stressful situations.
They can also point out contradictions or exaggerations in the statements of the person concerned. The decisive factor is whether, in the end, justified doubts remain that a lasting relationship of violence actually existed.
Typical Assessment
In the case of § 107b StGB, the following evidence is particularly relevant in practice:
- medical and psychological findings documenting recurring injuries, consequences of trauma or longer-term stress disorders,
- photos of injuries with dates, possibly X-ray or CT findings,
- messages, diary entries or other documentation of violent incidents,
- witness statements from neighbors, relatives, work colleagues or medical personnel,
- documents that indicate isolation, control and restriction of lifestyle, such as school or work absences, financial dependencies or termination of contacts.
Peter HarlanderHarlander & Partner Rechtsanwälte „The challenge lies in documenting a pattern of violence that has grown over months in a clean manner and proving it convincingly.“
Practical example
- Continued violence in a partnership: Over several months, one partner regularly hits the other person, insults them, destroys objects and threatens to injure or kill them if they separate. The victim begins to change working hours, break off contacts and completely align their own behavior with the will of the perpetrator in order to avoid further attacks. This is no longer about individual physical injuries, but about a lasting relationship of violence that massively impairs the self-determined way of life.
- Violence in a relationship of dependency: A person in need of care is regularly slapped, treated roughly, forced into painful movements or locked up when dissatisfied by a caregiver over a longer period of time. Due to their state of health, the victim can neither defend themselves nor seek help. The recurring violence and the constant fear of further attacks lead to the fact that the person concerned can no longer freely organize their everyday life and is factually under the permanent influence of the caregiver. In such constellations, it becomes particularly clear how violence is used for complete control and subjugation.
These examples show that continued violence exists where a perpetrator consciously uses violence over a longer period of time to exert power, control or humiliate and thereby severely impairs a person’s physical integrity, freedom and autonomous way of life. Decisive factors are repetition, duration and the recognizable structure of a relationship of violence.
subjective elements of the offence
The subjective element of the offense requires intent. The perpetrator must recognize that they repeatedly use violence over a longer period of time and that this behavior is suitable to significantly impair the physical integrity, freedom and lifestyle of the person concerned. It is sufficient if they know or at least seriously expect that their actions are not merely one-time slips, but part of an ongoing series of violence and typically create fear, subordination and loss of control.
A targeted intention to completely dominate or control the victim’s lifestyle is not required. Regularly, conditional intent is sufficient, i.e. the conscious acceptance that a permanently stressful and restrictive environment is created by the repeated violent behavior.
There is no intent if the perpetrator seriously and comprehensibly assumes that their behavior does not appear as continued violence, for example because it is objectively a one-time incident or because they believably imagined themselves in a situation of self-defense. However, anyone who continuously uses violence and accepts that this creates a climate of constant fear and subordination regularly fulfills the subjective element of the offense of continued violence.
Peter HarlanderHarlander & Partner Rechtsanwälte „Anyone who consciously uses violence over a longer period of time regularly also accepts the resulting fear and subordination of the victim.“
Culpability and mistakes
A prohibition error only excuses if it was unavoidable. Anyone who engages in behavior that recognizably interferes with the rights of others and violates their physical integrity, freedom or psychological integrity cannot regularly invoke the fact that they did not recognize the illegality. Everyone is obliged to inform themselves about the legal limits of their actions. Mere ignorance or a negligent error does not release from responsibility.
Principle of culpability:
Only those who act culpably are punishable. Intentional offenses require that the perpetrator recognizes the essential events and at least tacitly accepts them. If this intent is missing, for example because the perpetrator mistakenly assumes that their behavior is permitted or is voluntarily supported, there is at most negligence. This is not sufficient for intentional offenses.
Incapacity to be held accountable:
No guilt is attributed to someone who, at the time of the act, was not able to recognize the injustice of their actions or to act according to this insight due to a severe mental disorder, a pathological mental impairment or a significant inability to control. In case of corresponding doubts, a psychiatric report will be obtained.
An excusable emergency situation may exist if the perpetrator acts in an extreme situation of duress in order to avert an acute danger to their own life or the life of others. The behavior remains illegal, but can have a mitigating or excusing effect on guilt if there was no other way out. In cases of continued violence, such an emergency situation will only be seriously considered in exceptional cases.
Anyone who mistakenly believes that they are entitled to a defensive action acts without intent if the error was serious and comprehensible. Such an error can reduce or exclude guilt. However, if a violation of due diligence remains, a negligent or mitigating assessment comes into consideration, but not a justification. In practice, such an error will rarely prevail in a longer-term relationship of violence.
Extinction of punishment and diversion
Diversion:
A diversion is generally possible in the case of continued violence, but practically only in rare, very minor cases. The offense typically requires repetition, duration and a significant burden, which regularly speaks against minor guilt. The more pronounced the pattern of violence, the longer the period and the clearer the control or restriction of lifestyle, the more unrealistic a diversionary solution is.
In severe variants, a diversion is practically no longer considered.
A diversion can only be examined if
- the guilt is in the lower range despite repeated violence,
- the duration of the relationship of violence was relatively short and the intensity was limited,
- no significant physical or psychological long-term consequences have occurred,
- no systematic pattern of control and suppression is recognizable,
- the facts are clear, manageable and unambiguous,
- and the perpetrator is immediately insightful, cooperative and willing to make serious amends.
If diversion is considered, the court can order monetary payments, community service, supervisory instructions, or victim-offender mediation. Diversion leads to no conviction and no criminal record entry.
Exclusion of Diversion:
A diversion is regularly excluded if
- the violence was exercised over a longer period of time with considerable intensity,
- a comprehensive control of the lifestyle was achieved or the victim was significantly restricted in their autonomy,
- there is a particular need for protection of the victim, for example in the case of children, frail or mentally impaired persons,
- sexual offenses were committed in the context of the relationship of violence,
- severe long-term consequences or a fatal outcome have occurred,
- or the overall picture reveals a particularly serious violation of human dignity and personal freedom.
The clearer a systematic pattern of violence and control emerges, the more likely a court will reject a diversionary settlement and consider a formal conviction with a noticeable prison sentence to be necessary.
Sebastian RiedlmairHarlander & Partner Attorneys „The sentencing for continued violence reflects how deeply the relationship of violence interferes with everyday life and how destructive it was for the self-determination of the victim.“
Sentencing and consequences
The court assesses the penalty according to the duration, frequency and intensity of the acts of violence, as well as the extent to which the behavior has actually impaired the victim’s lifestyle. The decisive factor is whether the perpetrator has used violence repeatedly, purposefully or deliberately over a longer period of time and whether this has created a climate of fear, subordination and dependence. The longer the violence lasts, the more massive the interventions are and the stronger the control over the victim, the higher the expected penalties will be. Significant physical or psychological consequences increase the weight additionally.
Aggravating Factors Exist in Particular If
- the violence was maintained over a long period of time,
- particularly massive or cruel attacks were present,
- the victim was significantly restricted in their lifestyle or factually controlled,
- there was a particular need for protection of the victim, especially in the case of children or defenseless persons,
- violence continued to be exercised despite clear calls for help, protective measures or judicial orders,
- significant psychological disorders, severe long-term consequences or a fatal outcome have occurred,
- or relevant previous convictions and a continuation of violence despite ongoing proceedings are present
Mitigating Factors Include
- Impeccability,
- a full confession and recognizable insight,
- a credible and lasting termination of the relationship of violence,
- serious efforts at reparation, insofar as they are reasonable for the victim,
- particular psychological burdens on the perpetrator, without these completely eliminating responsibility.
- or an excessively long duration of proceedings.
- Integrity
- a full confession and recognizable insight
- a credible and lasting termination of the relationship of violence
- serious efforts at reparation, insofar as they are reasonable for the victim
- particular psychological burdens on the perpetrator, without these completely eliminating responsibility
- or an excessively long duration of proceedings
The court can conditionally suspend a prison sentence if the legal requirements are met and a positive social prognosis exists. In the case of continued violence, this possibility is applied more cautiously with increasing severity of the violence, with a clear control effect and with significant consequences of injury. In minor cases of the basic offense, a conditionally or partially conditionally suspended prison sentence may nevertheless be considered.
Penalty Range
The continued violence is threatened in the basic offense with imprisonment of up to three years. With this, the legislator makes it clear that long-lasting relationships of violence represent a significant interference with physical and psychological integrity as well as with autonomous lifestyle. The basic offense forms the basis from which the further penalty frameworks build.
For more serious forms of continued violence, the law significantly increases the penalty framework. If the violence leads to a comprehensive control of the behavior of the person concerned or their autonomous lifestyle is significantly restricted, there is a qualified form. In these cases, the threatened penalty is six months to five years.
The penalty framework is even higher if particularly burdensome circumstances are added. This applies in particular to cases in which the violence is directed against particularly vulnerable persons, the acts of violence are carried out in a torturous manner or sexual offenses are repeatedly committed within the same relationship of violence. In such qualified constellations, the penalty framework ranges from one to ten years of imprisonment.
The most serious consequences lead to a felony offense. If the continued violence causes severe long-term consequences or is exercised in the particularly burdensome form for longer than one year, the penalty framework is five to fifteen years. If it comes in connection with the continued violence to the death of the person concerned, the threatened penalty increases again and lies between ten and twenty years of imprisonment.
A later apology, distancing or termination of the relationship of violence does not change the legally prescribed penalty frameworks. Such circumstances can only be taken into account in the context of the concrete sentencing; they have no influence on the classification of the act as a basic offense, qualification or crime.
Monetary Penalty – Day-fine System
Austrian criminal law calculates monetary penalties according to the day-fine system. The number of day-fines depends on the guilt, the amount per day depends on the financial capacity. In this way, the penalty is adapted to the personal circumstances and yet remains noticeable. Even in the case of offenses such as continued violence, a fine can be imposed instead of a short prison sentence in less serious cases of the basic offense if the legal requirements are met.
- Range: up to 720 daily rates, at least 4 euros, at most 5,000 euros per day.
- Practical formula: Approximately six months of imprisonment correspond to around 360 daily rates. This conversion serves only as a guide and is not a rigid scheme.
- In case of non-payment: The court can impose a substitute prison sentence. As a rule, one day of substitute imprisonment corresponds to two daily rates.
Note:
In the case of continued violence, a fine is primarily considered if it concerns less intensive and temporally limited constellations within the framework of the basic offense, no significant injuries or psychological long-term consequences have occurred and the perpetrator is immediately insightful. The clearer a lasting relationship of violence, a comprehensive control effect or severe consequences show, the more a noticeable prison sentence moves into the foreground.
Peter HarlanderHarlander & Partner Rechtsanwälte „The daily rate system combines a noticeable sanction with a penalty that is adapted to the economic capacity.“
Imprisonment and (partially) suspended sentence
§ 37 StGB makes it possible in certain cases to impose a fine instead of a prison sentence of at most one year if this appears sufficient taking into account the guilt and the perpetrator’s personality. This possibility exists in principle also for offenses such as continued violence, but is to be applied cautiously due to the typically increased burdening effect.
§ 43 StGB allows the conditional suspension of a prison sentence of up to two years if a positive social prognosis exists. Also in the case of continued violence, a conditionally suspended penalty can be considered, especially in borderline cases of the basic offense, short duration of the violence, clear distancing and stable social integration of the perpetrator. The more severe the violence, the clearer the control structure and the more serious the consequences, the more restrictive the conditional suspension is handled.
§ 43a StGB opens the possibility of partial conditional suspension. A part of the penalty is unconditional imprisonment, the rest is conditionally suspended. Especially in cases of continued violence with a considerable content of injustice, a court can choose this mixed form in order to impose a noticeable sanction on the one hand, and to promote resocialization on the other hand and to set clear limits for the perpetrator through probationary conditions.
Sections 50 to 52 of the Criminal Code: The court may additionally issue instructions and order probation assistance. Possible measures include contact bans, entry bans, mandatory therapy programs, compensation for damages, or participation in violence protection programs. The goal is stable legal probation, protection of the victim, and the binding prevention of further acts of violence.
Sebastian RiedlmairHarlander & Partner Attorneys „Conditional or partially conditional remission requires that a sustainable social prognosis exists despite serious accusations.“
Jurisdiction of the courts
Subject-matter Jurisdiction
The Regional Court is generally responsible for continued acts of violence. The basic offense already provides for a prison sentence of up to three years and thus falls under the jurisdiction of the Regional Court as a single judge. In the case of qualified variants of the offense with higher penalties, especially in the case of crimes according to Section 107b Para. 4 of the Criminal Code , the Regional Court decides as a lay judge court. The composition of the court depends on the amount of the applicable penalty range and the classification as a misdemeanor or felony.
A jury court is not provided for because no variant of continued violence is threatened with life imprisonment and the legal requirements for the jurisdiction of a jury court are therefore not met.
Peter HarlanderHarlander & Partner Rechtsanwälte „The material jurisdiction already signals that continued violence is regularly negotiated before the Regional Court.“
Local Jurisdiction
The court of the place of the offense is responsible. The following is particularly relevant
- where the acts of violence were committed,
- where the person concerned perceived the effects,
- where the burden or impairment effect occurred,
- or where accompanying actions were taken that are part of the violent relationship.
If the place of the offense cannot be clearly determined, the jurisdiction is based on the residence of the accused person, the place of arrest, or the location of the materially competent public prosecutor’s office. The proceedings are conducted where a practical and orderly implementation is best guaranteed.
Hierarchy of Courts
An appeal to the Higher Regional Court is possible against judgments of the Regional Court. Decisions of the Higher Regional Court can then be challenged by means of a plea of nullity or further appeal to the Supreme Court. The specific legal remedies depend on the type of judgment, the amount of the penalty, and the grounds of nullity asserted.
Civil claims in criminal proceedings
In the case of continued violence, the victim themselves or close relatives can assert civil law claims directly in the criminal proceedings as private parties. Due to the repeated acts of violence, claims for pain and suffering, costs of psychological or medical care, loss of earnings, and compensation for further emotional or health consequences are often at stake.
The private party’s joinder suspends the statute of limitations for all claims asserted as long as the criminal proceedings are pending. Only after a legally binding conclusion does the limitation period begin to run again, insofar as the claim has not been fully awarded.
Voluntary compensation for damages, such as a sincere apology, financial compensation, or active support for the person concerned, can have a mitigating effect on the sentence, provided that it is timely, credible, and complete. In many cases, it makes sense to bundle civil law claims in a structured manner in the criminal proceedings.
However, if the perpetrator has shown persistent, systematic violent behavior over a longer period of time, massively burdened the person concerned, or created a particularly incisive psychological and physical stress situation, a later compensation will generally largely lose its mitigating effect. In such cases, a subsequent settlement cannot decisively relativize the injustice committed.
Choose your prefered dateBook free initial consultationOverview of criminal proceedings
- Start of investigation: Accused status in case of concrete suspicion, from then on full rights of the accused.
- Police/Public Prosecutor’s Office: Public Prosecutor’s Office directs, criminal police investigates, the goal is dismissal, diversion or indictment.
- Interrogation of the accused: Instruction in advance, involvement of a defense lawyer leads to postponement, right to remain silent remains.
- Inspection of files: at the police, public prosecutor’s office or court, also includes evidence, insofar as the purpose of the investigation is not endangered.
- Main hearing: oral taking of evidence, judgment and decision on private party claims.
Rights of the accused
- Information and defense: Right to notification, procedural assistance, free choice of defense lawyer, translation assistance and motions for evidence.
- Silence and lawyer: Right to remain silent at any time, the interrogation must be postponed if a defense lawyer is involved.
- Duty to instruct: timely information about suspicion and rights, exceptions only to secure the purpose of the investigation.
- File inspection in practice: Inspection of investigation and main trial files, inspection by third parties is limited in favor of the accused.
Sebastian RiedlmairHarlander & Partner Attorneys „The right steps in the first 48 hours often determine whether a procedure escalates or remains controllable.“
Practical guidance and behavioural advice
- Maintain silence. A short explanation is sufficient: “I am exercising my right to remain silent and will speak to my defense counsel first.” This right applies from the first interrogation by the police or public prosecutor’s office.
- Contact defense immediately. No statement should be made without inspecting the investigation files. Only after inspecting the files can the defense assess which strategy and which securing of evidence are useful.
- Secure evidence immediately.Obtain medical reports; take photographs with date and scale and, where appropriate, X-ray or CT images. Store clothing, objects, and digital records separately. Prepare a witness list and contemporaneous recollection notes within two days at the latest.
- Do not contact the opposing party. Your own messages, calls or posts can be used as evidence against you. All communication should take place exclusively through the defense.
- Secure video and data recordings in time.Surveillance videos from public transport, venues, or property management systems are often automatically deleted after only a few days. Requests for data preservation must therefore be submitted immediately to the operators, the police, or the public prosecutor’s office.
- Document searches and seizures. In the case of house searches or seizures, you should request a copy of the order or record. Note the date, time, persons involved and all items taken.
- In case of arrest: no statements on the matter. Insist on immediate notification of your defense. Pre-trial detention may only be imposed in the event of urgent suspicion and additional grounds for detention. Less severe measures such as a pledge, reporting obligation or contact ban take precedence.
- Prepare compensation for damages in a targeted manner. Payments or offers of compensation should be processed and documented exclusively through the defense. A structured compensation for damages can have a positive effect on diversion and sentencing, without automatically preventing a conviction in serious cases.
Your Benefits with Legal Assistance
Cases of continued violence involve profound intrusions into the physical and psychological integrity, into the personal freedom and into the autonomous way of life of a person. The crucial question is whether the behavior can be qualified as a violent relationship over a longer period of time and whether it creates a sustained burden, control or subordination. Even small differences in duration, intensity, type of assault or in the personal situation of those involved can significantly change the legal assessment.
Early legal representation ensures that all acts of violence are correctly documented, statements are correctly classified, and both incriminating and exculpatory circumstances are carefully examined. Only a structured analysis shows whether there is really continued violence within the meaning of the law or whether individual incidents have been exaggerated, misunderstood or incorrectly combined to form an alleged violent relationship.
Our law firm
- examines whether the behavior actually reaches the legal threshold of continued violence,
- analyzes injuries, processes and communication patterns for contradictions or ambiguities,
- protects you from hasty assessments and one-sided evaluations,
- and develops a clear defense strategy that comprehensibly presents the actual course of events.
As a law firm specializing in criminal law, we ensure that the accusation of continued violence is examined with legal precision and that the proceedings are conducted on a complete and balanced factual basis.
Peter HarlanderHarlander & Partner Rechtsanwälte „A structured criminal law consultation separates verifiable accusations from exaggerations and protects against hasty conclusions.“
