Ban on entry and removal to protect against violence

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Entry bans and evictions to protect against violence are measures that the Austrian police can take to evict the perpetrator of violent acts in private homes . The aim of these security police measures is to protect the victims of violence from further attacks. The two measures are closely linked and were introduced in 1997 under the Federal Law on Protection against Violence in the Family . In 2013, 7,810 evictions or entry bans were issued across Austria as a result of these measures.

How the measures work

If the police in Austria are called to suspect an act of violence in a private apartment, the intervening officers can issue a ban on entering the alleged perpetrator , i.e. the person who caused the violence. This entry prohibition forbids the endangered person to enter the apartment and its immediate surroundings, such as stairways, driveways, gardens or garages, for two weeks. For this purpose, the police officers must also remove the person's apartment keys from the perpetrator and immediately expel him from the apartment (which, if necessary, can also be enforced by force). The aim of this measure is to protect endangered people in the home (spouses, partners, children and other relatives as well as roommates and sub-tenants) from further acts of violence.

If a preliminary injunction is requested from the responsible district court in accordance with Section 382b (Protection against violence in apartments) or Section 382e EO (General Protection against Violence), the police entry ban is extended to four weeks. This order is intended to ensure that the alleged violent perpetrator cannot return to the apartment before the court has decided on the application for an injunction.

Compliance with the entry ban is also checked by the police. During the first three days of the entry ban, this must check compliance ex officio at least once on a random basis. If the troublemaker contrary to the requirement of Betretungsverbots enter the scope, he commits so one administrative offense and can work with up to 500 Euro administrative penalty be punished. If he repeatedly enters the protected area, there is also the possibility of arrest by the police.

Special regulation for minors at risk

If the person at risk, i.e. the alleged victim of violence, is an underage minor (up to the age of 14), the intervening police officers can also extend the entry ban to the school, an institutional childcare facility or a day care center . The endangered person is then also prohibited from entering these locations or approaching them within a radius of 50 meters.

In this case, it is imperative that the police officers also inform the local youth welfare service and the head of the facility for which an entry ban has been issued.

The expanded options for protecting underage minors within the scope of the entry ban were created with the amendment to the Security Police Act in 2013. A corresponding bill was passed unanimously by all parliamentary parties in the Austrian National Council.

Legal regulation

The possibility of pronouncing a ban on entry and enforcing this by means of a removal order was introduced with the Federal Law on Protection against Violence in the Family in 1997. These are acts of direct administrative authority and coercive violence by the intervening Organs of the public security service (police officers) can be pronounced at their own discretion. These measures are regulated in Section 38a of the Security Police Act , a violation of the conditions of the entry ban is an administrative offense in accordance with Section 84 (1) 2 SPG and can be punished with a fine of up to 500 euros.

literature

Web links

Individual evidence

  1. ↑ Answer to Federal Minister Johanna Mikl-Leitner on the subject of anti-violence training as a perpetrator program .
  2. ^ Parliamentary documents on the 2013 amendment to the SPG on the website of the Austrian Parliament.