What Switzerland's New Anti‑stalking Law Means for Families (switzerland 2026)

Last reviewed: July 31, 2026

On 1 January 2026, the stalking law in Switzerland changed fundamentally. A new standalone criminal offence, Art. 181b of the Swiss Criminal Code (SCC), titled Nachstellung (obsessive harassment), entered into force, giving victims, parents and child‑protection authorities a dedicated statutory tool for the first time. The amendment followed the Federal Council’s decision of 19 November 2025 to add the provision to the Code, closing a gap that had forced prosecutors to rely on patchwork charges such as threats, coercion or misuse of telecommunications. This guide explains what Art.

181b criminalises, the stalking penalties Switzerland now imposes, how reporting stalking in Switzerland works in practice, and, critically for families, how the new offence intersects with KESB proceedings, custody decisions and parental authority.

What the Stalking Law in Switzerland Criminalises (Art. 181b SCC)

Art. 181b SCC creates a distinct offence of obsessive harassment in Switzerland. It targets a pattern of conduct, not a single act, that causes serious alarm, distress or a substantial impairment of the victim’s ability to lead a normal life. The provision sits within Title Four of the Criminal Code (offences against liberty), alongside the existing prohibitions on threats (Art. 180) and coercion (Art. 181). By introducing a purpose‑built article, the legislature acknowledged that the cumulative, repetitive nature of stalking behaviour was not adequately captured by those older provisions.

Legal Elements and Examples

To secure a conviction under Art. 181b, the prosecution must establish each of the following elements:

• Repeated conduct. The behaviour must occur on more than one occasion and form a pattern. Isolated incidents, however unpleasant, do not meet the threshold.
• Acts of pursuit or harassment. Typical conduct includes following the victim, surveilling their home or workplace, making unwanted contact (calls, messages, emails, social media), sending unwanted gifts, appearing uninvited at locations the victim frequents, or making threats, whether explicit or implied.
• Serious impact on the victim. The pattern must cause genuine alarm, fear or a meaningful restriction of the victim’s freedom to conduct daily life. Subjective distress alone is not sufficient; the impact must be objectively appreciable.
• Intentional or at least conditionally intentional conduct. The perpetrator must act knowingly. Negligent behaviour is not covered.

Common fact patterns in family law settings include an ex‑partner who repeatedly appears at school drop‑off, a parent who sends dozens of messages per day to the other parent, or a former spouse who monitors the victim’s movements using shared digital devices or tracking apps.

Where Art. 181b Sits in the Criminal Code and Interaction with Other Offences

Art. 181b does not replace existing offences. Where obsessive harassment also involves explicit threats, the perpetrator may be charged under both Art. 180 (threats) and Art. 181b. Similarly, if the conduct includes coercion (Art. 181) or misuse of a telecommunications installation (Art. 179^septies), concurrent charges remain possible. The new criminal harassment law in Switzerland therefore adds to, rather than substitutes, the existing toolkit, giving prosecutors flexibility to charge the full spectrum of behaviour in a single case.

Penalties, Sentencing and Criminal Procedure

Typical Stalking Penalties in Switzerland and Sentencing Considerations

A person convicted under Art. 181b SCC faces a custodial sentence of up to three years or a monetary penalty. Courts have broad sentencing discretion within this range. Aggravating factors that industry observers expect to push sentences toward the upper end include:

• Prior convictions for harassment, threats or domestic violence.
• Violation of an existing restraining order or contact ban while continuing the pattern of pursuit.
• Involvement of children, for example, using a child as a vehicle for contact or surveillance.
• Use of technology such as GPS trackers, spyware or covert recording devices.

Where the conduct is relatively minor, a conditional (suspended) sentence or a monetary penalty is the likely practical outcome. In serious cases, especially those involving physical proximity, direct threats or breaches of court orders, an unconditional custodial sentence is possible.

How the Criminal Process Starts and What Victims Can Expect

The offence is prosecuted upon complaint (Antragsdelikt), meaning the victim must file a criminal complaint (Strafantrag) to initiate proceedings. Once filed, the cantonal police and public prosecutor lead the investigation. Victims can expect to be interviewed, asked to provide evidence (messages, logs, witness statements) and, in some cantons, offered victim support services under the Victims Assistance Act. The prosecutor decides whether to bring charges, seek a penal order (Strafbefehl) or discontinue the case.

Reporting, Police Complaints and Civil Protective Measures

How to File a Criminal Complaint, Reporting Stalking in Switzerland

If you are in immediate danger, call 117 (police emergency). For non‑emergency situations, visit your local cantonal police station in person to file a written criminal complaint (Strafanzeige / Strafantrag). Bring whatever evidence you have, screenshots, call logs, a written chronology of incidents. The complaint must typically be filed within three months of the date on which the victim becomes aware of the offence and the identity of the perpetrator. Once the complaint is lodged, the police transmit the file to the cantonal public prosecutor for assessment.

Civil Restraining Orders: What They Do and How to Apply

Independently of the criminal track, victims may apply to the civil court for protective measures under Art. 28b of the Swiss Civil Code. A restraining order in Switzerland can impose contact bans, proximity restrictions (distance orders) and prohibitions on approaching certain locations such as the victim’s home, workplace or children’s school. The civil court applies a balance‑of‑probabilities standard, which is lower than the criminal standard of proof beyond reasonable doubt. Temporary (superprovisorisch) orders can be granted without hearing the other party if the situation is urgent.

Can You Pursue Both Criminal and Civil Remedies Simultaneously?

Yes. Swiss law does not require a victim to choose between filing a criminal complaint and applying for a civil restraining order. The two tracks run in parallel, each before a different authority. A civil protective order can be obtained faster because it does not require proof beyond reasonable doubt and can be granted on an interim basis. The criminal complaint, meanwhile, pursues accountability and may result in a conviction that has additional weight in subsequent KESB or custody proceedings. Practitioners routinely advise victims to pursue both paths concurrently.

KESB, Custody and Child‑Protection Implications of Family Law Stalking

For families with children, the stalking law in Switzerland has ramifications that extend well beyond criminal liability. The Kindes‑ und Erwachsenenschutzbehörde (KESB), each canton’s child and adult protection authority, is the body that intervenes when a child’s welfare is at risk. Obsessive harassment by one parent directed at the other parent, at the child, or at third parties in the child’s environment can trigger a KESB assessment that ultimately affects custody, visitation and parental authority.

KESB Roles and Procedures, When KESB Opens a Case

KESB may open proceedings on its own initiative, upon a report from the police, prosecutor, school, medical professional or any concerned individual. Under Art. 314 of the Swiss Civil Code, anyone who becomes aware of a child in danger may notify KESB; certain professionals are obliged to do so. In a stalking context, a criminal complaint filed by a parent may prompt the police or prosecutor to issue a parallel notification to KESB if they believe a child is affected. KESB then conducts an independent investigation, interviewing both parents, the child (if age‑appropriate), and relevant professionals, and decides whether protective measures are warranted.

Effects on Custody, Visitation and Parental Authority

When KESB stalking and custody concerns converge, the authority focuses on the child’s best interests (Art. 307 ff. SCC). A documented pattern of obsessive harassment can affect parental arrangements in several ways:

• Supervised visitation. KESB may order that the stalking parent’s contact with the child takes place only under supervision, typically at a designated contact centre.
• Restriction of parental authority. In serious cases, KESB can restrict specific aspects of parental authority, for example, removing the right to decide the child’s place of residence.
• Withdrawal of custody. Where the child faces a continuing risk and lesser measures are inadequate, KESB can withdraw custody entirely under Art. 311 of the Swiss Civil Code. This is a last resort and requires clear evidence that the child’s welfare demands it.
• Contact bans via KESB. KESB can prohibit or restrict all contact between a parent and a child, independent of any criminal or civil court order.

Early indications suggest that KESB authorities across cantons are beginning to treat a conviction, or even credible allegations, under Art. 181b as a significant factor in assessing whether a parent poses a risk to the child’s emotional and physical safety.

How KESB Uses Criminal Records and Allegations in Assessments

KESB operates under administrative law principles and applies a lower standard of proof than criminal courts. It does not need a conviction to act: credible evidence of obsessive behaviour, supported by police reports, victim statements or documented patterns, can be sufficient to justify protective measures. Conversely, a criminal conviction under Art. 181b carries substantial weight in KESB proceedings because the facts have already been established beyond reasonable doubt. Where criminal proceedings are still pending, KESB may request interim reports from the prosecutor and can impose provisional protective measures while awaiting the outcome. The practical effect is that families should not wait for a criminal verdict before raising stalking concerns with KESB if a child is at risk.

Evidence Checklist and Documentation for Families and Lawyers

Strong documentation is the foundation of both a criminal prosecution and a KESB case. The following checklist covers the types of evidence that are most relevant when reporting stalking in Switzerland or raising obsessive harassment in custody proceedings:

• Call and message logs. Export records of calls, text messages, voicemails and messaging‑app conversations (WhatsApp, Signal, etc.).
• Email correspondence. Save full headers and attachments.
• Screenshots of social media activity. Capture posts, comments, friend requests and direct messages with visible timestamps.
• Location logs and GPS data. If a tracking device or app has been used, preserve the data trail.
• Photographs and video. Document any uninvited appearances, gifts left at your door or damage to property.
• Witness statements. Ask neighbours, colleagues, teachers or friends who have observed the behaviour to provide written accounts.
• Stalking pattern timeline. Create a chronological log of every incident, date, time, nature of conduct, evidence source, in table form.
• Prior court or police records. Include any existing restraining orders, earlier police reports or KESB correspondence.
• Medical or psychological records. If the stalking has caused health impacts, obtain a medical certificate.
• School or nursery reports. If a child is affected, request written observations from the child’s institution.

Sample Evidence Timeline

Preserving Data and Swiss Data Protection Considerations

When collecting and sharing evidence, families and lawyers must remain mindful of the Swiss Federal Act on Data Protection (FADP). Key practical points include:

• Proportionality. Collect only what is relevant to the complaint. Excessive surveillance of the alleged stalker can itself raise legal issues.
• Lawful purpose. Evidence gathered for the purpose of filing a criminal complaint or supporting a KESB assessment is generally permissible, but sharing it beyond those proceedings (e.g., on social media) may breach data‑protection rules.
• Third‑party data. If screenshots or recordings include data about uninvolved third parties, redact irrelevant personal information before submission.
• Digital chain of custody. Preserve original files with metadata intact. Do not edit screenshots or messages before submitting them to the police or KESB.

When in doubt, seek legal advice before disclosing personal data to ensure compliance with the FADP and cantonal procedural requirements.

Immediate Steps Parents Should Take

If you or your child are being stalked, the following 10‑step checklist provides a practical starting point. These steps apply whether the perpetrator is a former partner, a family member or a third party.

1. Call 117 if you are in immediate danger. Police can intervene on the spot and impose an emergency exclusion order.
2. Create a safety plan. Identify safe locations, trusted contacts and escape routes. Brief your child in age‑appropriate terms.
3. Begin documenting immediately. Start your evidence timeline from the first incident you can recall.
4. File a criminal complaint. Visit your local police station and lodge a formal Strafantrag under Art. 181b SCC.
5. Apply for a civil restraining order. Contact the civil court (or instruct a lawyer to do so) for a contact ban and distance order.
6. Notify your child’s school or nursery. Provide a photograph of the perpetrator and request that they not release the child to that person.
7. Inform KESB. If your child’s welfare is at risk, file a written report with your canton’s KESB office. You do not need a conviction first.
8. Secure your digital environment. Change passwords, enable two‑factor authentication, check devices for tracking apps and revoke shared access to location services.
9. Seek professional support. Contact a victim‑support centre (Opferhilfe) for free counselling and legal aid referrals.
10. Instruct a family lawyer. Legal advice early in the process ensures that criminal, civil and KESB strategies are coordinated.

How Criminal Findings Influence KESB and Family Court Decisions, Practical Scenarios

The interaction between criminal proceedings under the stalking law in Switzerland and KESB assessments can be nuanced. The following three scenarios illustrate how different evidentiary situations are likely to play out in practice.

Scenario 1, Criminal Conviction

A parent is convicted under Art. 181b SCC for obsessive harassment of the other parent. The conviction establishes the factual pattern beyond reasonable doubt. In subsequent KESB proceedings, the authority can rely directly on the criminal court’s findings. The likely practical effect will be that KESB orders supervised visitation or, in severe cases, restricts custody. The convicted parent carries a heavy burden to demonstrate that the child’s welfare is not at risk despite the established behaviour.

Scenario 2, Strong Allegations, No Criminal Conviction Yet

Criminal proceedings are pending. The police file is substantial, dozens of documented incidents, witness statements, a prior emergency restraining order. KESB does not need to wait for the criminal verdict. It can request interim police reports and order provisional protective measures. Industry observers expect KESB authorities to act on the balance of available evidence, imposing conditions such as supervised contact or a temporary contact ban until the criminal case resolves. The standard of proof for KESB is lower than for a criminal conviction.

Scenario 3, False or Unfounded Allegations

Allegations of stalking are made during contentious custody proceedings, but the evidence is thin and the police investigation is discontinued. KESB must assess the credibility of the allegation independently. Where the complaint appears instrumentalised, filed primarily to gain a tactical advantage in custody proceedings rather than to address genuine harassment, KESB can take that finding into account, potentially to the detriment of the alleging parent’s credibility. False accusations of criminal behaviour in custody disputes are themselves a factor that KESB weighs when evaluating parental fitness.

Where to Get Help: Helplines, KESB Contacts and Legal Aid

• Police emergency: 117 (available 24/7 across all cantons).
• Victim‑support centres (Opferhilfe): Free, confidential counselling and legal referrals. Each canton operates at least one centre, find yours through the official cantonal listings.
• KESB: Contact your canton’s child and adult protection authority directly. A full directory is available through the national portal at ch.ch.
• Domestic violence helpline: 0800 44 55 66 (free, available in German, French and Italian).
• Legal aid: If you cannot afford a lawyer, apply for legal aid (unentgeltliche Rechtspflege) through your canton’s court system.
• Family lawyer directory: Find a family lawyer in Switzerland through the Global Law Experts directory.

Key Legislative Timeline

Conclusion and Next Steps

The introduction of Art. 181b SCC marks a turning point in the stalking law in Switzerland. For the first time, obsessive harassment is recognised as a distinct criminal offence, giving victims a clear statutory basis for protection and giving KESB authorities a concrete legal reference point when assessing risks to children. Whether you are a parent experiencing harassment, a family lawyer advising a client, or a KESB officer evaluating a case, the new law demands prompt, coordinated action across criminal, civil and child‑protection channels. Early documentation, parallel pursuit of criminal complaints and civil restraining orders, and timely engagement with KESB where children are involved are the practical pillars of an effective response.

If you or a family member are affected, professional legal advice tailored to your canton and circumstances is the essential first step.

Sources

1. Swiss Criminal Code (StGB), Official Consolidated Text (admin.ch)
2. Swiss Criminal Procedure Code (StPO), admin.ch
3. Federal Office of Justice (Bundesamt für Justiz), Criminal Law Reforms
4. Swiss Federal Data Protection Act (FADP), admin.ch