Austria. Domestic violence and intimate partner sexual violence - Labirint
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Austria. Domestic violence and intimate partner sexual violence

    Austria. Domestic violence and intimate partner sexual violence

    We have collected instructions, recommendations and contacts, which can help you in the chosen country and situation

    If you are in danger now, assess whether you need emergency help.

    01. Call the Police

    — What should I do if I am in danger and need emergency help?

    Call 133 or 112. The call is free and functions even if you have zero balance on your phone, or even without sim-card

    — Do I need documents/being registered in the country to call the police?

    No, but police can later ask for them, so it is safer to ask NGOs for help first.

    — When I call the police, what language should I speak?

    You can use English or German languages.

    — Do authorities have to provide me with a translator if I do not speak the local language? If yes, where is it stipulated and how can I ask for a translator?

    Yes police should provide interpreter if you don’t speak German (Strafprozessordnung, Paragraf 56).

    — If I have any migration issues (e.g., visa overstay), is it safe for me to call to the police? Can an administrative case be initiated against me?

    Police can start the case, so it is safer to ask NGOs for help first.

    — Can I say that I am a victim of domestic violence? Authorities’ formal and informal attitudes towards victims of domestic violence.

    Yes, domestic violence is an offense in Austria and police takes allegations seriously.

    — How long will it take for the police to come? What should I do if they do not come?

    It depends on the location – from several minutes to several hours. If police does not arrive, call again. 

    — What should I say when they come?

    Describe the situation and provide details on the perpetrator.

    — Will the police remove the perpetrator from the house? For how long?

    Yes, police will remove the perpetrator from the house (even if he/she is the owner). Police has the right to apply force if the perpetrator does not leave the house. Police can make a decision to prohibit perpetrators from approaching the house for two weeks. This decision can be prolonged for a month.

    — Are there any restraining orders/ no contact orders etc.? How do they work?

    The no-entry order is valid for 2 weeks. If you need further protection after that, you can apply for a temporary injunction at the district court of your place of residence. This will extend the no-entry order to 4 weeks. After that, you can obtain longer-term protection through the temporary restraining order.

    A restraining order must be applied for at the district court and offers a possibility for longer-term protection from the perpetrator of violence. This restraining order must be applied for within 2 weeks of the police prohibition of entry, so that the prohibition of entry is extended without any gaps. An application for a restraining order can also be filed without prior intervention by the police. It is then valid from the moment it is granted by the court. It is important that you seek advice before applying for a restraining order. Intervention centers/violence protection centers offer advice, help with the application and accompany you to court as a person of trust. Women’s shelters and women’s counseling centers can also help you with the application process.

    A restraining order can be applied for in cases of physical violence or threats of violence, which make it unacceptable for the person to live with or meet the perpetrator of the violence. A restraining order can also be applied for in the case of psychological violence if this significantly impairs mental health.

    The barring order is issued for a period of 2 weeks, with the police supervising compliance with the order within the first 3 days. 

    In such cases, the police will confiscate the endangering person’s keys to the apartment and request him to give an address for the delivery of judicial writs.

    The barring order extends to the apartment (house) and its immediate surroundings (e.g. stairway, drive, garden, underground car park). The police will define the protection zone in such a way as to ensure effective protection, and will inform the endangering person about the details.

    For the validity period of the barring order, the endangering person is prohibited from entering the apartment (house) and the defined protection zone, not even with the permission of the endangered person. 

    The barring order can be prolonged, if the victim applies for prolongation in court.

    When the police have imposed a barring order, they will forthwith notify the local Violence Protection Center/Intervention Center. The Violence Protection Center/ Intervention Center will then contact the endangered person, offering active help.

    — What can i do if the order is violated?

    Call the police. The disregard of the restraining order is punishable  (up to € 500,- per violation). In case of repetition, the perpetrator can even be taken into custody

    The same regulations apply if the endangering person violates an order to keep away from specified areas, to avoid an encounter with the endangered person and/or violates an order to refrain from getting into personal contact with that person or to stalk it. In case of persistent violation he can also be arrested.

     If I want to withdraw a complaint, can I do this?

    Yes, you should inform the court about it.

    — What evidence is needed to bring a case against the abuser and prosecute? Do there have to be physical evidence?

    For the initial barring order, threats and insults are enough. For the court, the following types of evidence are accepted:

    • witness statements
    • doctor’s reports
    • photos of injuries
    • broken clothes or items 
    • information from police
    • information about current and previous crimes
    • information from the victim-helping facilities (shelter, counseling center, etc)

    02. Get medical help

    — How to get medical help?

    Call 141 or 112 (general emergency number, you will be redirected to ambulance if required).

    1450 (Austrian health line) – if you’re not sure that your case is an emergency.

    Those who have temporary residence permits receive the right to medical assistance. Exception is made for Ukrainians (and the third country nationals who left Ukraine after February 24) – they can receive medical assistance just based on their ID documents even before registration. For this category of people medical assistance is provided in the following medical centers:

    • Humanitäres Ankunftszentrum der Stadt Wien, Engerthstraße 267-269, 1020 Wien
    • Amber-Med, Oberlaaer Straße 300 -306, 1230 Wien
    • Gesundheitszentrum neunerhaus, Margaretenstraße 166/EG, 1050 Wien  
    • Krankenhaus der Barmherzigen Brüder Wien, Johannes-von-Gott-Platz 1, 1020 Wien

    In the regions

    Wien: 

    • Niederösterreich: Ärztekammer Niederösterreich – (arztnoe.at
    • Oberösterreich: Ärztekammer Oberösterreich und Salzburg – (aekooe.at
    • Burgenland: Ärztekammer Burgenland – (aekbgld.at
    • Kärnten: Arztsuche – Ärztekammer für Kärnten – (aekktn.at
    • Salzburg: Ärztekammer Salzburg – (aeksbg.at

    — When I call the ambulance, what language should I speak?

    You can use English and German languages.

    — Do I need money/documents/being registered in the country to get medical help?

    Yes, except Ukrainians and third country nationals who left the country after February 24, 2022 – they can get medical help even before registering. You can receive emergency medical assistance while not being registered, but in most cases you will have to pay for the services.

    If you have insurance (e-card, you almost definitely have it if you work in Austria), you can visit doctors who are covered by your insurance free of charge. Otherwise you can pay by yourself.

    An ambulance is usually covered by insurance, but there are certain exceptions: when there is no “medical emergency”, in cases of alcohol or drug abuse, and in case the person is found dead when the emergency services arrive. In these cases, insurance company may refuse to refund. 

    It means that if it’s not an emergency and you can go to the doctor by yourself, you shouldn’t call the ambulance, otherwise you’ll need to pay more than 700 euros.

    If you don’t have insurance, you’ll also have to pay by yourself (even if it’s really an emergency). 

    If you’re not sure if you should call emergency, you can call the Austrian health line at 1450. They’ll call an ambulance for you if they decide it’s really an emergency. Otherwise, they can give some medical advice.

    Ukrainian refugees can get medical help free of charge. If they stay in Austria for a long time, they get an e-card (insurance that gives them the same rights that all Austrian citizens have). For some doctors (and also for emergencies) for Ukrainians e-card is not required.

    Usually, no documents are required except e-card. If you don’t have it and plan to pay for doctors by yourself, it’s better to take your passport.

    — If I have migration issues (e.g., visa overstay), is it safe for me to ask for medical help? Can an administrative case be initiated against me?

    Red Cross Austria runs special medical service which provides help anonimously. In case you have migration issues, it is the safest to ask them for help – Ambermed Oberlaaer Straße 300 – 306 , 1230 Wien  (GoogleMaps).

    • Tel.: 01/589 00 – 847
    • Fax: 01/253 303 330 23
    • E-mail: amber@diakonie.at

    — What rights do I have?

    Listed here.

    — If medical staff suspect that I am a victim of crime, do they have to report to the police?

    Yes. In the case of reasonable suspicion of a judicially punishable act, all health care professionals are obliged to report to the criminal police or the public prosecutor’s office if:

    • death and serious bodily injury have been caused;
    • rape is suspected;
    • children or adolescents are being or have been abused, tortured, neglected or sexually abused, or;
    • adults who are incapable of acting or making decisions or who are defenseless due to infirmity, illness or a mental disability are or have been abused, tortured, neglected or sexually abused.

    On the other hand, the obligation to report does not apply if the report would contradict the will of the adult patient who is capable of acting or making decisions, provided that there is no immediate danger to him/her or to another person and the clinical forensic evidence has been medically verified, or the report in the specific case would interfere with the professional activity, the effectiveness of which requires a personal relationship of trust, unless there is an immediate danger to that person or to another person, or the professional exercising his/her professional activity in the employment relationship has made a corresponding report to the employer and a report has been made by the employer to the criminal investigation department or the public prosecutor’s office.

    In the case of children and adolescents, the report can be omitted if the suspicion is directed against a relative (§ 72 StGB), provided that this is in the best interests of the child or adolescent and a report is made to the child and youth welfare authorities and, if necessary, a child protection facility at a hospital is involved.

    Legal base: Protection Against Violence Act 2019

    03. List of local (N)GOs who can help victims of domestic and sexual violence

    — Which organizations can help?

    • 01 71 719 Women’s emergency helpline Vienna
    • 01 406 95 95 Crisis Intervention Center
    • 0800 222 555 Women helpline. Availability: Monday-Sunday, 24/7. Languages: Please ask for help in Ukrainian or Russian
    • Helpchat for women. Availability: Monday-Sunday, 16:00 – 22:00. Languages: Ukrainian, Russian
    • Domestic Abuse Intervention Center:

    Interventionsstelle gegen Gewalt Information is available in German, English, Ukrainian, Russian.

    German, English, Ukrainian, Russian  – (links in German, English, Ukrainian, Russian) 

    • Centres for protection against violence/domestic abuse Intervention Centre Vienna

    Counseling for people affected by domestic violence or stalking – especially after the imposition of a restraining order (for premises in the case of domestic violence).

    www.gewaltschutzzentrum.at  

    • Women’s Counselling Centers for Sexual Violence against women and girls.

    Counseling for women and girls affected by sexual violence.

    www.sexuellegewalt.at , www.frauennotruf.wien.at

    • Women’s shelters

    Safe and guarded accommodation and counseling for women affected by violence and their children. 

    children. www.aoef.at , www.frauenhaeuser-zoef.at/en_uber.htm

    • Counseling institutions for women and girls

    A well-developed network of counseling centers provides support for women and girls in need and offers help and advice in the case of violence.

    www.bundeskanzleramt.gv.at/service/frauenservice-beratung undgewaltschutzeinrichtungen/beratungseinrichtung.html

    Did our instructions help?

    When compiling the instructions, we relied on the help of volunteers and lawyers from different countries. If something went wrong – the organization didn’t respond to you, you found a bug or the instructions weren’t precise enough – tell us about it. Email us at: help@labirint.online

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