Go Back   English Forum Switzerland > Help & tips > Family matters/health  
Reply
 
Thread Tools Display Modes
  #1  
Old 14.04.2015, 10:25
Newbie
 
Join Date: Apr 2015
Location: zuerich
Posts: 1
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
faithope has no particular reputation at present
domestic abuse and divorce

Hello. I am thinking about divorcing my husband. Has anybody any idea how audio records of physical abuse are seen by the Swiss Court and if they are enough to get a sole custody of a child and divorce without separation period? I will be contacting a lawyer soon just wondering....also any thoughts on what proof would I need to prove psychological abuse? I think I need to protect myself from my abusive husband.sadly. 💔 'feeling alone' thanks for any thoughts.
Reply With Quote
  #2  
Old 14.04.2015, 10:37
Sbrinz's Avatar
RIP
 
Join Date: Oct 2011
Location: Murten - Morat
Posts: 11,866
Groaned at 563 Times in 354 Posts
Thanked 11,548 Times in 5,941 Posts
Sbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond repute
Re: domestic abuse and divorce

I think you should ask these questions after you have been to the lawyer.

There are tough Swiss laws, you might be surprised after your visit. For instance, why should your child be deprived of a father because of your poor relationship?
Reply With Quote
The following 2 users would like to thank Sbrinz for this useful post:
  #3  
Old 14.04.2015, 10:53
Nil's Avatar
Nil Nil is offline
Forum Legend
 
Join Date: Sep 2007
Location: Basel
Posts: 10,356
Groaned at 428 Times in 333 Posts
Thanked 16,045 Times in 6,322 Posts
Nil has a reputation beyond reputeNil has a reputation beyond reputeNil has a reputation beyond reputeNil has a reputation beyond reputeNil has a reputation beyond reputeNil has a reputation beyond repute
Re: domestic abuse and divorce

If you are physically abused, you should get out of the home and seek help and refuge immediately.

You can think of the next steps once you are in a safe place.
Reply With Quote
The following 8 users would like to thank Nil for this useful post:
  #4  
Old 14.04.2015, 12:00
NotAllThere's Avatar
Forum Legend
 
Join Date: Oct 2008
Location: Baselland
Posts: 13,648
Groaned at 237 Times in 208 Posts
Thanked 20,052 Times in 8,145 Posts
NotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond repute
Re: domestic abuse and divorce

Physical abuse is best backed up by doctor's reports. Once you've got to a safe place.
Reply With Quote
This user would like to thank NotAllThere for this useful post:
  #5  
Old 15.04.2015, 22:03
swissmama's Avatar
Senior Member
 
Join Date: May 2009
Location: Zurich
Posts: 437
Groaned at 0 Times in 0 Posts
Thanked 203 Times in 126 Posts
swissmama is considered knowledgeableswissmama is considered knowledgeableswissmama is considered knowledgeable
Re: domestic abuse and divorce

If you're being abused, keep a record and take pictures. Get yourself a good lawyer and you can user article 115 to divorce without waiting the 2 years.
Reply With Quote
  #6  
Old 15.04.2015, 23:43
Guest
 
Posts: n/a
Re: domestic abuse and divorce

Quote:
View Post
If you're being abused, keep a record and take pictures. Get yourself a good lawyer and you can user article 115 to divorce without waiting the 2 years.
Article 115 CC can only be used as basis for a divorce if maintaining the legal relationship between partners is deemed unreasonable for OP by the judge.

If only living together is the problem, OP can apply for separation (Eheschutz) and move out. Then, after 2 years of living in separation, OP can file for divorce (Art. 114). Filing for divorce without waiting for 2 years is only possible if either the parties file jointly or if (as I outlined above) maintaining the legal relationship is deemed unreasonable.

More detailed info on achieving separation here
It isn't necessary for you to have a lawyer for a separation procedure, but in your case, OP, I would recommend it. You can find lawyers in your region by searching for "Anwaltsregister" + [your district/city]
Also, for any injuries you suffer, go to the doctor and get them documented. Give all documentation to your lawyer.
Reply With Quote
This user would like to thank for this useful post:
  #7  
Old 16.04.2015, 13:16
Newbie 1st class
 
Join Date: Apr 2015
Location: 08023
Posts: 18
Groaned at 14 Times in 5 Posts
Thanked 18 Times in 9 Posts
jims has made some interesting contributions
Re: domestic abuse and divorce

Quote:
View Post
why should your child be deprived of a father because of your poor relationship?
you mean a physically abusive relationships?

half the comments on this forum blow my mind sometimes
Reply With Quote
The following 6 users would like to thank jims for this useful post:
  #8  
Old 16.04.2015, 13:24
Sbrinz's Avatar
RIP
 
Join Date: Oct 2011
Location: Murten - Morat
Posts: 11,866
Groaned at 563 Times in 354 Posts
Thanked 11,548 Times in 5,941 Posts
Sbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond reputeSbrinz has a reputation beyond repute
Re: domestic abuse and divorce

Quote:
View Post
you mean a physically abusive relationships?

half the comments on this forum blow my mind sometimes
Maybe you should start at post 1 and read the thread completely?
Reply With Quote
  #9  
Old 16.04.2015, 13:43
Senior Member
 
Join Date: Jan 2011
Location: Zurich
Posts: 254
Groaned at 0 Times in 0 Posts
Thanked 109 Times in 80 Posts
kanga is considered knowledgeablekanga is considered knowledgeablekanga is considered knowledgeable
Re: domestic abuse and divorce

reach out for professional help immediately and ask here www.frauenberatung.ch . They speak english, too and are very helpful. All the best!
Reply With Quote
The following 3 users would like to thank kanga for this useful post:
  #10  
Old 16.04.2015, 13:51
MusicChick's Avatar
Forum Legend
 
Join Date: Feb 2008
Location: La Cote
Posts: 17,489
Groaned at 414 Times in 275 Posts
Thanked 20,428 Times in 10,577 Posts
MusicChick has a reputation beyond reputeMusicChick has a reputation beyond reputeMusicChick has a reputation beyond reputeMusicChick has a reputation beyond reputeMusicChick has a reputation beyond reputeMusicChick has a reputation beyond repute
Re: domestic abuse and divorce

Quote:
View Post
The point I made is that a sole custody will deny the child a father. A joint custody is today the norm here.
It is not the norm here, but the access to joint custody is the norm, that is very true. Whether the father can get it or not, depends on the judge. Joint custody should be the starting point, the judge will see to assure the best conditions for the child, ie financial and being provided for, security, where the child is used to go to school, social integration, etc.

Quote:
View Post
Violent fathers have supervised visits, sometimes in a secure place, but they could also still have joint custody.
That sentence makes zero sense. Violent fathers have supervised visits but could still have joint custody? If the father is dangerous to the child and mother contests the joint custody, or, reports and the system will report to the judge, the joint custody will not happen. I think you are talking about parental rights, not the actual joint custody (ie with whom the child will stay).

I am with you on the legal support OP needs to see, but first of all, she needs to make sure her place is secure. Next step, if she does not have a lawyer already, is the dept. of social affairs, they can assign a lawyer to her, or, she can have a cheap, subsidized, short term legal help and take it from there.
__________________
"L'homme ne peut pas remplacer son coeur avec sa tete, ni sa tete avec ses mains." J.H. Pestalozzi

“The only difference between a rut and a grave is a matter of depth.” S.P. Cadman

"Imagination is more important than knowledge." A. Einstein

Last edited by MusicChick; 16.04.2015 at 14:10.
Reply With Quote
The following 2 users would like to thank MusicChick for this useful post:
  #11  
Old 16.04.2015, 15:21
Taty99's Avatar
Member
 
Join Date: Jun 2012
Location: Zollikerberg
Posts: 141
Groaned at 3 Times in 3 Posts
Thanked 55 Times in 33 Posts
Taty99 has no particular reputation at present
Re: domestic abuse and divorce

Quote:
View Post
Hello. I am thinking about divorcing my husband. Has anybody any idea how audio records of physical abuse are seen by the Swiss Court and if they are enough to get a sole custody of a child and divorce without separation period? I will be contacting a lawyer soon just wondering....also any thoughts on what proof would I need to prove psychological abuse? I think I need to protect myself from my abusive husband.sadly. 💔 'feeling alone' thanks for any thoughts.
Hello, I've been through this... I also got recordings but my lawyer told me that they are not valid in the courts.

I have spent thousands on lawyers, and still not over, no phisical abuse, just psicological abuse... it's quite hard to prove the psicological one... if you want to call me you can, send me a personal message.
all the best.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Domestic Issues and Domestic Violence valais001 Family matters/health 43 29.10.2013 12:33
Domestic Abuse - Victim Mentality - Advice? magic General off-topic 13 01.09.2011 08:03
Domestic abuse in CH mrscourageous Family matters/health 58 27.07.2009 14:44
Foxes and domestic cats Etienne Botes Pet corner 13 18.01.2009 17:39
domestic partnership and taxation? tgpt Finance/banking/taxation 2 03.05.2007 17:53


All times are GMT +2. The time now is 11:53.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0