The systematic and covert technical surveillance of a spouse’s highly personal area of life, resulting in psychological stress, justifies the issuance of a temporary injunction against the spouse pursuant to Section 382c and Section 382d…
According to the Security Police Act (Sicherheitspolizeigesetz), the police can issue prohibitions for right of entry/restraining…
In the event of significant violations of privacy, the persistently persecuted person can assert a claim for compensation against the stalker for the personal injury suffered as a result of the stalking. The assessment of the amount of compensation is a case-by-case decision and only unlawful if the Court of Appeal exceeded its discretionary…
According to the court's decision, the employer bears the burden of proof for the grounds for termination and dismissal asserted by the employer. If the employer bases termination on the possibility that the employee falsely accused her superior of sexual harassment, the employer must prove that the employee knowingly made false accusations, thus…
Section 382b and Section 382e Execution Order (Exekutionsordnung) entered into force on July 1, 2021. According to this provision, the person at risk can apply to the court for a temporary injunction to enforce a prohibition on entering the home for more than two weeks. The…
Section 38a Security Police Act (Sicherheitspolizeigesetz), which entered into force on September 1, 2021, states that in the event of (imminent) domestic violence, the police can order the person posing the danger to leave the apartment/house where the person at risk resides (removal order) and prohibit them from returning for two weeks (ban on entry). The assessment of the danger, and therefore the decision whether to issue a removal order and/or impose a ban on entry, is…
Section 49 lists marital misconduct as grounds for divorce. According to this, a spouse can demand a divorce if the other has culpably caused a deep breakdown of the marriage through serious marital misconduct or dishonorable, immoral conduct, making the restoration of cohabitation unreasonable. Serious misconduct…
Section 41 of the Austrian Civil Status Act (Personenstandsgesetz), entered into force on May 25, 2018, allows for a legal gender change. This has been possible since 1983 and is carried out under Section 41 of the Civil Status Act. According to the latter, the civil status authority must amend a certificate if it has become incorrect after registration. Certain conditions must be fulfilled; for instance, in the case of transgender individuals, a change of gender…
Section 44 defines the concept of marriage in Austria. While the provision initially stated that marriage is entered into by two persons of different sexes, it was amended on January 01, 2019. The requirement that only two persons of different sexes could marry was removed. Same-sex marriage was thus…
Section 207 regulates any form of sexual abuse of minors that does not already fall under Section…
