organizing the prevention and combating of domestic violence (LOVD) - Objectives (LOVD)

1. The purpose of this Act is to enable

a. the coordination of means for the prevention and combating of domestic violence and the protection of its victims;

b. the design of a comprehensive framework, policies, and measures for the protection and assistance of victims of domestic violence;

c. the implementation of coordinated intervention measures for perpetrators of domestic violence, as well as the necessary measures for their support;

d. the cooperation of relevant organisations, services, and authorities to adopt an integrated approach aimed at preventing and combating domestic violence.

1. This statute applies, in particular, to cases of harassment, threats, as well as physical, sexual, psychological, and economic violence occurring within a relationship between former or current spouses, registered partners, or cohabitants who are or have been living together.

1. The immediate expulsion of the perpetrator of acts of violence within the meaning of this law is governed by Article 28b, paragraph 4 of the Civil Code [A] and Articles 48 to 51a of the Code of Criminal Procedure [B].

1. The Council of State

a. determines the guidelines for the prevention of and fight against domestic violence;

b. enacts the implementing provisions.

1. The Department responsible for social action and public health is in charge of the availability and subsidies for emergency accommodation, care, and victim support facilities.

2. It ensures that necessary measures are taken to assist perpetrators of domestic violence. In particular, it ensures that the provision of socio-educational and therapeutic treatment for perpetrators meets the needs.

3. The provisions of the Law on Implementation of the Federal Law of March 23, 2007, on Assistance to Victims of Offenses of February 24, 2009 (LVLAVI) [C], the Law on Assistance and Integration Measures for Persons with Disabilities of February 10, 2004 (LAIH) [D], the Vaud Social Action Law of December 2, 2003 (LASV) [E], as well as the Public Health Law of May 29, 1985 (LSP) [F] are reserved.

1. The service responsible for youth protection is competent, when applicable under the mandate of the child protection authority, to take the necessary measures to protect minors exposed to situations of domestic violence under this law.

2. The provisions of the Minor Protection Act (LProMin) [G] and the Implementing Act on Federal Law for the Protection of Adults and Children (LVPAE) [H] are reserved.

1. The Office for Gender Equality (BEFH) ensures the coherence of the State's action, as well as interdepartmental collaboration and coordination in the prevention and combating of domestic violence.

2. To fulfill its missions, the BEFH particularly relies on an interagency directorate and the Cantonal Commission for Combating Domestic Violence.

3. Based on the information and data provided by various services, authorities, and partners, the BEFH ensures effective collaboration among the different municipal, cantonal, and federal actors working against domestic violence and promotes networking efforts.

1. An interdepartmental directorate, chaired by the BEFH, brings together representatives of the relevant authorities and services.

2. It coordinates the implementation of the guidelines defined by the Council of State.

3. The Council of State specifies by regulation the composition, responsibilities, functioning, and decision-making rights of the interdepartmental directorate.

1. The State Council appoints a Cantonal Commission for Combating Domestic Violence (CCLDV), chaired by the person in charge of the BEFH, composed of representatives from the professional fields concerned with the issue.

2. The CCLDV promotes, in particular, inter-institutional collaboration and the exchange of best practices.

3. The State Council specifies by regulation the composition, responsibilities, and functioning of the CCLDV.

1. By high-risk situations, the present law understands situations of domestic violence in which the life or the physical, psychological, or sexual integrity of a person is seriously endangered.

2. State services and organizations mandated to perform public utility tasks which, in the exercise of their functions, are led to deal with high-risk situations of domestic violence and their consequences for children, may exchange information in order to develop coordinated support for perpetrators, victims, and concerned persons.

3. The purpose of this coordinated support is the assessment of risks and the optimal articulation of interventions.

4. Information exchanged during coordinated support sessions for high-risk situations includes the following personal data

name and surname; residence status; psychological, physical state and personality profile; criminal and administrative prosecutions or sanctions.

The last two categories of information are considered sensitive personal data within the meaning of the Law of September 11, 2007, on the protection of personal data (LPrD) [I].

5. The provisions of the Federal Law of March 23, 2007, on assistance to victims of offenses (LAVI) [C] are reserved.

1. Police officers who, during an intervention, observe acts of domestic violence that may constitute criminal offenses, shall immediately report the case to the competent judicial police officer in order to initiate the expulsion from the shared residence as per Article 48 CDPJ [B].

2. When an expulsion is confirmed by the judicial police officer in accordance with Article 48 CDPJ, the personal data (name, surname, contact details) of the perpetrator is promptly transmitted by the police force to the authorized organization responsible for managing perpetrators of domestic violence.

3. During an intervention in domestic violence cases, the police systematically provide the perpetrator, as well as the victims, with necessary information about available counseling services, socio-educational programs, and therapeutic consultations.

1. When the police carry out expulsion in accordance with Article 48 CDPJ [B], they inform the expelled person that the authorized body responsible for handling perpetrators of domestic violence will contact them in the days following the expulsion, with the aim of organizing at least one mandatory socio-educational meeting.

2. During the hearing as provided for in Article 51 CDPJ, the President of the court verifies whether the expelled perpetrator has contacted the authorized body to organize the socio-educational meeting.

3. If not, and if he validates the expulsion, the President of the court recommends that the expelled person undergo such a meeting and reminds the perpetrator that failure to comply with the police order may result in the penalties stipulated in Article 292 CP [J].

4. The purpose of the meeting is to help the perpetrator of violence assess their situation and guide them toward support from an authorized body. During this occasion, they receive socio-educational and legal information.

1. The BEFH conducts, in collaboration with the relevant services and authorities, information and prevention campaigns related to domestic violence for the public and professionals in contact with affected individuals.

**1. The BEFH** organizes and encourages, in collaboration with the relevant services and authorities, the training and professional development of professionals in contact with individuals affected by domestic violence.

1. The various departments and authorities concerned shall transmit to the BEFH any useful information enabling the maintenance of a centralized and anonymous register of incidents in order to permit the identification and implementation of useful and effective measures for the prevention of domestic violence.

2. Public or private organizations in contact with persons affected by domestic violence are obliged to transmit the anonymized information necessary for the collection of data relating to incidents, in particular

a. the LAVI Centre

b. the Cantonal Police

c. the judicial authorities

d. the Public Prosecutor's Office

e. hospitals

f. socio-healthcare institutions

g. the Youth Protection Service

h. reception centres for victims and the organization(s) dedicated to perpetrators

i. medico-social centres

j. the Vaud Probation Foundation

k. the Office for Professional Curatorship and Guardianship

l. the Vaud Establishment for the Reception of Migrants

m. the Mobile Social Emergency Team

1. Within five years following the entry into force of this law, the Council of State shall submit an evaluation report on the implementation of the law to the Grand Council.

1. The Council of State is responsible for the execution of this law. It shall publish the text in accordance with Article 84, paragraph 1, letter a), of the Cantonal Constitution and shall determine, by decree, the date of its entry into force.