Domestic violence encompasses all acts of physical, sexual, psychological, economic, cultural or religious violence that occur within the family and affects all people regardless of gender or age. It occurs in all types of relationships and can continue after a relationship has ended.

Conjugal violence can be either violence known as symmetrical or aggression violence (violence where conflicts escalate, or each spouse wishes to maintain equivalent power over the other) or complementary or punishment violence (violence where one spouse systematically dominates the other, or the needs of the perpetrator take precedence over the needs of the whole family). See also ‘dynamics of violence’ below.

The violence may be regular, with a gradual reduction in the number of violence-free moments. It can also be one-off, in which case it tends to occur when the perpetrator and victim are experiencing major stress (related to money, work, health, etc.).

Most acts of violence are perpetrated in the victim’s home. However, it can also take place in public places (particularly verbal, psychological or economic violence). In the case of complementary violence or punishment, violent pressure and control are gradually exerted everywhere.

The consequences of domestic violence depend essentially on the severity, frequency and duration of the acts of violence.

The impact of domestic violence on children is multifaceted (see ‘ Violences et traumatismes intrafamiliaux ’ by A Duc Marwood and V Regamey):

• Basic care
• safety
• Learning to communicate
• Cognitive
• Affective
• Social
• Place in the family

Children and teenagers who are victims of domestic violence may express their suffering through a wide range of symptoms, including self-mutilation and disinvestment in adult life (interrupted education, withdrawal, deviant behaviour). However, particularly in the case of complementary violence or punishment, child and adolescent victims may also do everything in their power to remain silent and then become totally independent as quickly as possible. They sometimes undertake training or study in very precarious conditions in order to become independent and thus escape the perpetrator’s violence.

Violent and traumatic behaviour can be passed on to future generations. Although violence suffered in childhood does not necessarily lead to the same violence being reproduced in adulthood, a third of victims are at risk of reproducing violence.

See also the FOGE document ‘Violence domestique : définition, formes et conséquences’ (PDF). Only available in French, German and Italian.

As mentioned above, there are two dynamics of conjugal and domestic violence:

• So-called symmetrical violence or coupleaggression: both protagonists are active and tend to want to maintain equal power over the other. Beginning with a conflict due to each party’s need to maintain their power, the blows (verbal, psychological, etc.) are increasingly violent and finally the violence becomes physical.
• Complementary or punitive violence: this type of violence is characterised by the fact that one member of the couple wants to keep power over the other. This power is always exercised using three strategies:

1. victimisation
2. putting the victim on a pedestal and joint denigration of the victim,
3. threats.

It is linked to a number of factors, either a psychiatric disorder in the perpetrator or a narcissistic perverse personality. In the second case, the victim is put under a hold in several phases

1. The chameleon phase: the future perpetrator makes the future victim believe that he or she likes the same things as the victim and looks like him or her.
2. Intermittent random conditional love: the perpetrator gives signs of love, which can be on an extreme scale, and then nothing, for no explicit reason.
3. Taking power over the other person by disqualifying them moderately and then more and more.
4. Social isolation (by competing with other people around the victim, arguing that others are harmful, for example).

Symmetrical violence or aggression may be occasional and linked to phases of life. It can become chronic if the stresses that give rise to it persist: insecurity of life, social rejection, major professional stresses such as keeping a high-level job despite pressure, chronic illness, stress linked to the family of origin, etc.

Complementary or punitive violence in couples is chronic and tends to worsen over the years. A cycle of violence is always present, with 4 phases: the honeymoon phase, the tension growth phase, violence, regrets and the honeymoon phase again. It should be noted that the regrets only serve to keep the victim and make her feel sorry (like the honeymoon phase) and that the perpetrator does not recognise the victims’ suffering. Over time, the regret and honeymoon phases tend to disappear unless the victim decides to leave: the perpetrator then resorts to all the strategies mentioned above and to regret in order to keep the victim.

Victims of complementary violence or punishment can be in real danger of death, with a peak in danger when the separation or divorce is announced. It is important to bear this risk in mind when adult victims or children request that the perpetrator not be informed of their allegations. Informing the perpetrator without taking measures to protect the victim(s) puts them at risk.

It should be noted that serious violence and homicide can occur suddenly without there having been any prior ‘acts’ of violence.

Female victims of domestic violence can be classified according to four different types of reaction: ‘rapid separation [1]’, ‘advanced separation [2]’, ‘new chance [3]’ and ‘ambivalent attachment [4]’. Victims of violence may need long-term help to detach themselves from this violent relationship. However, separation is not enough to protect the victim from the risk of being in a violent relationship and, above all, from the violence.

[1] Victims of the ‘rapid separation’ type have very often only been in a relationship with their violent partner for a relatively short time. They have a clear idea of what a non-violent relationship means. They will only maintain the relationship under well-defined conditions.

[2] Victims of the ‘advanced separation ’ type have generally been married for many years and have children. The intention to separate has been reinforced by repeated acts of violence and, by the time the police intervene, the victims are determined to separate.

[3] The majority of ‘new chance’ victims are already elderly, have generally been married for a long time and have children. Recurrent violence by the partner is excused by certain circumstances (alcohol consumption, stress, mental illness, etc.). The main aim of eviction is not separation but the hope that it will bring the violent partner to change his behaviour.

[4] Victims of the ‘ambivalent attachment’ type, devastated by chronic violence perpetrated by their partner over many years and by other factors hindering the relationship, have few personal resources. They are highly dependent on their violent partner and are characterised by low self-esteem and poor self-efficacy.

See also the FOGE document ‘Dynamique de la violence et approches’ (PDF). Only available in French, German and Italian.

Separation may seem like a solution in violent relationships, and it can be. However, particularly in the case of punitive or complementary violence, it may have no impact on the severity of the violence, or even make it worse, with an increased risk of feminicide or homicide. These can occur in a relationship of complementary violence without any prior physical violence. It is essential to always bear in mind the risks associated with separation and to take particular care to ensure the safety of the victims. Other risks relate to financial repression and stalking, which will be discussed below.

In situations of symmetrical violence or aggression, separation is usually a good way of reducing conflict. Mediation or therapy can help the situation to improve more rapidly.

Violence can also occur as a spontaneous reaction to separation.

Women are more often the victims of violence and stalking in separation situations than men. In Switzerland, a quarter of the acts of domestic violence prosecuted by the police were committed by the victim’s ex-partner.

Where there are children, they are always victims of such violence, and they need protection and support. If a child is in danger, the competent authority can intervene and take appropriate measures. Depending on the situation, the competent authority can prevent the child from being put at risk by ordering various measures, the ultimate measure being the withdrawal of the right to contact. Children aged six and over may be heard in cases involving parental authority or access rights.

See also the FOGE document ‘La violence dans les situations de séparation’ (PDF).

Taken from ‘Stalking (harcèlement obsessionnel’ (PDF) from the BFEG. Only available in French, German and Italian.

Stalking is the act of persecuting, harassing or threatening a person in such a way as to endanger their integrity. Acts of stalking range from seemingly harmless behaviour to serious physical assaults. Most of the time, victims are exposed to a combination of several stalking methods. When stalking is carried out using electronic means of communication, it is known as cyberstalking.

The reasons that motivate the perpetrators of stalking are very diverse – relational stalking and vengeful stalking are the most common motivations. Stalking is often trivialised which is particularly serious because an effective fight against it requires intervention as quickly as possible.

Victims of stalking usually suffer from long-term chronic stress. Children are frequently exposed to stalking on several occasions and need support.

Stalking is more widespread than you might think – One in 6 women and one in 20 men are victims of stalking at least once in their lives.

Stalking is generally perpetrated by people in the immediate social environment, most often by an ex-partner. In the field of stalking, the proportion of repeat offenders is high.

Effective action against stalking depends primarily on effective legal conditions, good cooperation between institutions and high-quality information.

BUT

In Switzerland, certain acts of stalking can be prosecuted under criminal law, but there is no specific offence of stalking[1]. The Federal Court accepts that several acts of ‘light’ stalking may together constitute an offence. Preventive bail, which is still rarely applied, is considered to be an appropriate measure for combating stalking.

Responses to stalking vary from case to case. There is no standard response. In some cantons, the police can order preventive measures against the perpetrators of stalking.

From January 2022, geographical or contact bans may be subject to electronic monitoring.

Victims have various options for taking action against the perpetrator of stalking. LAVI centres offer help and advice to victims of stalking.

[1] The Federal Council has chosen not to draw up a criminal law provision against stalking. As it has already mentioned, stalking can be prosecuted and punished on the basis of various criminal provisions in force (Message concerning the Federal Act on improving the protection of victims of violence 17.062 of 11 October 2017).

Currently being drafted.

In the meantime, see the BFEG’s ‘Violence domestique à l’encontre des enfants et des adolescents.e.s’ (PDF).

BUT

The right to interpersonal relations (art. 273 para. 1 of the Civil Code) states that the father or mother who does not have parental authority or custody and the minor child have a reciprocal right to maintain the interpersonal relations appropriate to the circumstances. The right to interpersonal relations is conceived both as a right and a duty of the parents (art. 273 para. 2 CC), but also as a right of the child’s personality. It must primarily serve the child’s interests (ATF 131 III 209, para. 5 and references; TF 5a_318/2017 of 2 February 2018, para. 4.2).

The lawyer for a perpetrator of additional violence can only use the TF’s argument to ensure that his or her client can both reach the adult victim-partner by this means and use the child(ren) for this purpose, thereby preventing the victim’s reconstruction in the long term and not encouraging the development/construction of children, thereby spreading domestic violence to the next generation.

In this respect, this decree states that it is unanimously recognised that the child’s relationship with both parents is essential and that it can play a decisive role in the child’s search for identity (ATF 130 III 585 recital 2.2.2; 127 III 295 recital 4a; TF 5A_887/2017 of 18 February 2018 recital 5.3 and references).

Civil justice, especially if the judge is convinced, not to say adept, of conciliation at all costs, is based on another decision of the Federal Court (ATF 130 III 585 recital 2.2.2; 127 III 295 recital 4a; TF 5A_887/2017 of 18 February 2018 recital 5. 3 and references) (include a link to a specific page listing the Federal Court rulings that may be misused), which states that it is unanimously recognised that the child’s relationship with both parents is essential and that it can play a decisive role in the process of establishing the child’s identity in order to impose visiting rights and/or shared custody in favour of the parent who is the perpetrator of domestic violence, even though this ‘unanimity’ is, to say the least, called into question.