Assistance in court proceedings
Criminal Proceedings
Assistance in court proceedings is one of the essential rights accorded to victims in criminal proceedings. It is intended to professionally prepare victims for the legal process and the associated emotional stress.
Generally, assistance in court proceedings is two-part ("dual assistance in court proceedings") - firstly, psychosocial assistance before, during and after police and judicial questioning, and secondly, legal assistance, i.e. legal advice and representation in court by lawyers.
Victims entitled to claim assistance in court proceedings must be informed about this right upon their first contact with the police or the court. As a rule, assistance starts when an offence is reported, in exceptional cases even earlier on, e.g. counselling related to the reporting of an offence.
Experts at the Violence Protection Centres/Intervention Centres against Violence, women’s shelters and women’s emergency helplines offer free psychosocial and legal assistance in court proceedings for women.
Under certain conditions, the following individuals are entitled to legal support during proceedings:
- Individuals who have been victims of violence or dangerous threats, or whose sexual integrity and self-determination have been violated
- Individuals who have been victims of stalking or typical online hate crimes
- Children who have witnessed violence in their immediate social environment
- close relatives (i.e., parents, spouses, registered partners, domestic partners, children, grandchildren, siblings) of a person who was killed as a result of a criminal offense
- other relatives (i.e., nieces/nephews, cousins) who witnessed the crime
Civil Proceedings
As of 1 June 2009, psychosocial assistance in court proceedings was also made possible in civil proceedings, provided that the latter are related to criminal proceedings. In particular, civil proceedings dealing with claims for damages and/or damages for pain and suffering are concerned with divorces, possibly also with proceedings for custody and visitation rights.
However, there is no right to legal assistance in civil proceedings. Representation by a lawyer is only free of charge if - and to the extent that - affected persons are eligible for legal aid.
Aid facilities
- Hilfsangebote bei Gewalt gegen Frauen (in German)
This website offers an Austria-wide overview on specific aid facilities concerning violence against women. - Women’s Helpline against Violence 0800 222 555
(no call charge within Austria, 24/7, anonymous and free of charge) informs about the nearest facilities that offers assistance in court proceedings.