Can You Get a Restraining Order in Switzerland? Art. 28b SCC, Police 14‑day Bans and How to Apply

If you are asking whether you can get a restraining order in Switzerland, the short answer is yes, Swiss law provides two distinct routes to protection. Article 28b of the Swiss Civil Code (SCC) empowers civil courts to order protective measures against violence, threats and stalking, while cantonal police forces can impose immediate emergency bans that typically remove a perpetrator from the shared home for up to 14 days. This guide explains both mechanisms in plain language, walks through the step-by-step application process, provides an evidence checklist, and signposts the help contacts every victim should know.

If you are in immediate danger, call the police on 117. You do not need a lawyer or a court order to receive emergency help.

Can you get a restraining order in Switzerland? The short answer

Yes. Any person who faces violence, threats or stalking from another individual, whether a partner, former partner, family member or stranger, can apply for a civil restraining order under Article 28b of the Swiss Civil Code. The federal government has confirmed that protection against domestic violence is guaranteed through both police emergency measures and civil court orders.

There are two primary pathways to protection:

1. Police emergency ban (cantonal). Police can intervene immediately and order the alleged perpetrator to leave the home and stay away, typically for up to 14 days.
2. Civil restraining order (Art. 28b SCC). A civil court can issue a longer-term order prohibiting contact, imposing a stay-away perimeter, or evicting the perpetrator from the shared home.

These routes are not mutually exclusive. In practice, a police emergency ban often serves as the first step, giving the victim time to apply to a civil court for a more lasting protective order.

What legal basis covers restraining orders in Switzerland? Article 28b Swiss Civil Code

The principal statute governing protective orders in Switzerland is Article 28b of the Swiss Civil Code (Zivilgesetzbuch, ZGB). This provision was introduced specifically to protect victims of violence, threats and stalking and gives civil courts broad power to impose tailored measures.

What Article 28b SCC provides

Article 28b SCC allows a court to take the protective measures necessary to prevent unlawful infringement of a person’s rights. In cases involving violence, threats, or stalking, the court may in particular:

• Prohibit the perpetrator from approaching the victim, including setting a specific distance perimeter around the victim’s home, workplace or children’s school.
• Ban all contact, including by telephone, letter, email or other electronic means.
• Order eviction from the shared home, requiring the perpetrator to vacate the dwelling and, where appropriate, surrender keys.

These measures apply regardless of whether the parties are married, cohabiting, separated or unrelated. As a leading Swiss law firm has noted, Article 28b is deliberately broad so that courts can adapt orders to the specific risks faced by each victim.

When Art. 28b applies: violence, threats and stalking

The provision covers a wide range of harmful conduct. Physical violence is the most obvious trigger, but psychological abuse, repeated threats and stalking under Swiss law also qualify. According to a specialist analysis of stalking and Swiss law, Art. 28b is one of the main civil remedies available to stalking victims, providing a mechanism to enforce stay-away and no-contact rules without needing to wait for a criminal conviction.

Industry observers note that courts tend to interpret the threshold generously where the applicant can demonstrate a credible risk of future harm. You do not need to have suffered serious physical injury; a pattern of threatening behaviour or persistent unwanted contact can be sufficient.

Police emergency measures: 14‑day bans and immediate protection

Before a civil court order can be obtained, victims of domestic violence in Switzerland have access to an immediate intervention: the police emergency ban. Cantonal police forces across Switzerland are authorised to impose short-term protective measures on the spot, without waiting for a court hearing.

How the police ban works

When police are called to an incident of domestic violence, they assess the situation and can impose an emergency ban on the alleged perpetrator. According to the BIF advisory centre factsheet on protective measures, these bans typically include:

• Eviction from the shared home, the perpetrator must leave immediately and is not permitted to return for the duration of the ban.
• Stay-away order, the perpetrator must keep a defined distance from the victim and, in some cantons, from the victim’s workplace and children’s school.
• Contact ban, the perpetrator is prohibited from contacting the victim by any means.

The decision is made by the attending police officers based on the circumstances at the scene. No prior court application is required. The Kantonspolizei Bern prevention brochure explains that the aim is to defuse the immediate threat, protect the victim and any children, and create space for further legal steps.

The typical duration of a police emergency ban is up to 14 days, though the exact length and scope can vary from canton to canton. During this window, the victim is encouraged to contact a victim support centre and, where necessary, apply to the civil court for a longer-lasting protective order.

Can police bans be renewed or converted to court orders?

A police ban is, by design, a temporary measure. It cannot simply be “renewed” by the police once the initial period expires. However, the victim can, and should, use the 14-day window to file an application with the civil court for provisional measures under Art. 28b SCC. If the court grants provisional measures, protection continues without interruption. The likely practical effect is that the police ban acts as a bridge: it provides immediate safety while the judicial process begins.

If no court application is made, the ban lapses at the end of the prescribed period and the perpetrator is legally free to return. This makes prompt follow-up essential.

Civil restraining orders under Art. 28b: types, scope and duration

A civil restraining order issued by a court under Article 28b Swiss Civil Code offers more comprehensive and longer-lasting protection than a police ban. The court has broad discretion to tailor the order to the victim’s circumstances.

Most common protective measures

According to the Frauenhäuser Schweiz rights overview and the BIF factsheet, the most commonly ordered measures include:

• Stay-away perimeter. The perpetrator must keep a specified distance from the victim’s home, workplace, children’s school or other locations the victim regularly visits.
• Non-contact order. All forms of communication are prohibited, telephone calls, text messages, emails, social media contact and contact through third parties.
• Eviction from the shared home. Where the parties live together, the court can order the perpetrator to vacate the dwelling and surrender keys.
• Protection covering children. The order can extend to protect children who live with the victim, including banning the perpetrator from the children’s school or day-care.

Courts may impose these measures individually or in combination. The duration is set by the judge and depends on the severity of the threat. Provisional (temporary) orders can be issued within days; a full order is typically made after a hearing at which both parties can present evidence.

What happens if the order is broken?

Breaching a civil restraining order is not without consequences. The victim can report the breach to police, who may intervene immediately. Depending on the circumstances, a breach can result in criminal prosecution, particularly where the conduct also amounts to trespass, harassment, threats or assault under the Swiss Criminal Code. Early indications suggest that courts take enforcement seriously, and repeat breaches can lead to escalated penalties. Victims should document every breach carefully and report it without delay.

Step-by-step: how to apply for a restraining order in Switzerland

Knowing your rights is essential, but knowing how to act can make the difference between continued danger and genuine safety. Below is a practical guide to applying for protective orders in Switzerland, covering both the police route and the civil court route.

Immediate steps if you are in danger

1. Call the police (117). If you are in immediate danger, call the police emergency number. Officers can attend the scene, remove the perpetrator and impose an emergency ban.
2. Get to safety. If you need to leave your home, contact a women’s shelter (Frauenhäuser Schweiz) or call Victim Support Switzerland for immediate referral.
3. Seek medical attention. If you have been injured, visit a hospital or doctor. Ask for a written medical report, this serves as crucial evidence.

Evidence checklist

Strong evidence increases the likelihood of obtaining a restraining order. Begin collecting the following as soon as it is safe to do so:

Contacting victim support and obtaining legal aid

Before filing a court application, contact your cantonal victim support service. Victim Support Switzerland (Opferhilfe Schweiz) provides free, confidential advice and can refer you to a local centre. These centres can:

• Help you understand the legal process in your canton.
• Assist with completing a restraining order Switzerland form or petition.
• Refer you to a lawyer experienced in adult protection in Switzerland.
• Help you apply for legal aid if your financial situation qualifies.

Legal aid is available in all cantons for applicants who meet the income thresholds. The victim support centre can guide you through the application.

Filing the petition in civil court

To obtain a civil restraining order under Art. 28b SCC, you (or your lawyer) file a petition with the competent civil court, typically the district court (Bezirksgericht / Tribunal de district) at the place where the protective measures are to take effect. The petition should set out:

• The specific measures you are requesting (stay-away, non-contact, eviction, etc.).
• A factual summary of the violence, threats or stalking you have experienced.
• The evidence supporting your application (attach copies).
• If urgent, an express request for provisional measures (vorsorgliche Massnahmen), the court can grant temporary protection before the full hearing.

Sample wording for an emergency petition

The following is simplified example wording. Specific court forms and requirements vary by canton, and a qualified lawyer should review any petition before filing:

“The applicant respectfully requests the court to order the following provisional protective measures pursuant to Article 28b of the Swiss Civil Code: (1) that the respondent be prohibited from approaching within [distance] metres of the applicant’s residence at [address]; (2) that the respondent be prohibited from contacting the applicant by any means; (3) that the respondent vacate the shared dwelling at [address] within [timeframe] and surrender all keys. The applicant makes this request on the grounds that [brief factual summary of threats / violence / stalking]. Evidence is attached as Exhibits 1–[X].”

Industry observers advise filing the petition as early as possible during the police emergency ban period so that there is no gap in protection.

Court hearing and orders

For provisional measures, the court may act quickly, in urgent cases within days. Some cantons allow the judge to issue interim orders on the papers alone, before hearing the respondent. For a full restraining order, the court schedules a hearing at which both parties present their case. The judge then decides which measures to impose and for how long.

Costs and timelines

Court fees for protective-order proceedings vary by canton but are generally modest for family and protection matters. If you qualify for legal aid, fees may be waived entirely. As a guide, provisional measures can be obtained within days to a few weeks, while a contested full order may take several weeks to a few months depending on the court’s caseload.

Canton differences and services: what varies and where to get local help

Switzerland’s federal structure means that policing and court procedures can vary from canton to canton. While the substantive law (Art. 28b SCC) is federal and applies uniformly, the practical details, forms, filing procedures, police ban durations and available support services, may differ.

Key canton-level variations

• Bern. The Kantonspolizei Bern brochure outlines police measures and provides specific contact details for local victim-support coordination.
• Zurich. The BIF advisory centre in Zurich offers a detailed English-language factsheet covering police measures, court applications and available support.
• Geneva and French-speaking cantons. Procedures follow the same federal law but court filings are in French. Victim-support centres such as the Centre LAVI provide equivalent services.

Regardless of where you are in Switzerland, your first points of contact should be the police (117), your cantonal victim support centre, and, where possible, a family lawyer experienced in protective orders.

Intersection with criminal law and adult or child protection

A civil restraining order under Art. 28b SCC operates separately from criminal proceedings. The two processes can run in parallel: filing a civil petition does not prevent the police or public prosecutor from pursuing a criminal case for assault, threats, coercion or stalking under the Swiss Criminal Code.

Criminal prosecution

Domestic violence in Switzerland is prosecuted ex officio for certain offences, meaning the police and prosecutor can proceed even if the victim does not file a formal complaint. This includes repeated assault and assault causing bodily harm. For other offences the victim must file a complaint. A criminal court can also impose protective conditions on a convicted person, such as contact bans or residence restrictions.

Is there CPS in Switzerland? Child protection and KESB

Switzerland does have child protection services. The Kindes- und Erwachsenenschutzbehörde (KESB), the Child and Adult Protection Authority, is the body responsible for child welfare and adult protection in Switzerland. If children are at risk, KESB can intervene independently of any restraining order, imposing measures such as supervised contact or removal from a dangerous household. Civil protective orders under Art. 28b and KESB measures can complement each other, providing layered protection for vulnerable family members. Those seeking further information about family law in Switzerland can explore the dedicated practice area resources.

Protective orders in Switzerland: comparison of measures and timelines

The table below summarises the main types of protective measures available, their typical duration and how to obtain each one.

Next steps: getting help now

If you are affected by domestic violence, stalking or threats in Switzerland, the most important step is to act. Whether you can get a restraining order in Switzerland is no longer in question, the legal tools exist, and support is available at every stage.

Immediate contacts:

• Police emergency: 117
• Victim Support Switzerland: opferhilfe-schweiz.ch
• Women’s shelters: frauenhaeuser.ch
• BIF advisory centre (Zurich): bif-frauenberatung.ch

For personalised legal advice on protective orders in Switzerland, whether you need help drafting a petition, navigating canton-specific procedures or understanding how a restraining order interacts with divorce or child custody proceedings, consult a qualified family lawyer in Switzerland who can guide you through every step.

Last reviewed: June 12, 2026. This article provides general information about Swiss law and is not a substitute for individual legal advice. Laws and procedures may change; consult an experienced Swiss family law practitioner for guidance on your specific situation.

Sources

1. Swiss Federal Administration, Protection against domestic violence
2. BIF Beratungsstelle für Frauen, Domestic Violence Protective Measures (English PDF)
3. Frauenhäuser Schweiz, My Rights
4. Kantonspolizei Bern, Living Safely Together (prevention brochure)
5. Fortis Law, Domestic Violence in Switzerland
6. Victim Support Switzerland (Opferhilfe Schweiz), Domestic Violence
7. Stalking and Swiss Law, Practical Note