The thesis addresses the legal assessment of domestic violence in Austria in comparison with Switzerland. Violence in relationships or in families is a global problem. Therefore, the willingness to the elimination of violent acts was shown through many national and international legal acts (for example the Istanbul-convention). In the field of protection against violence in Austria there is the possibility of an expulsion order or a prohibition order (§ 38a SPG) or a temporary restraining order (§§ 382b, 382e, 382g EO). Furthermore, in criminal law there can be found the offense of a continued exercise of violence (§ 107b StGB). Thereby the injustice, which has occurred in a long-standing violent relationship, should be sanctioned. Also in the criminal procedural law there are participation rights and protection provisions for the victims, for example as a private party at a court trial (§ 67 StPO), at a contradictory questioning (§ 165 StPO) or a „Diversion“ (which is an alternative escape clause in a criminal proceeding; §§ 198 ff StPO).In Switzerland there is a similar system of protection for the victims. In the field of protection against violence an expulsion order or a prohibition order (Art 28b SchwZGB, Art 67b SchwStGB) can be issued and since 2004 most crimes in a domestic surrounding can be prosecuted ex officio in criminal law. The victim can still propose a suspension (Art 55a SchwStGB) of the proceeding for some crimes, which are committed within a relationship.The Swiss criminal procedure code also provides participation rights and protection provisions for the victims, for example as a private party at a court trial (Art 118 ff SchwStPO) or in an abridged procedure (Art 358 ff SchwStPO).