Facts
The case concerns a legal dispute between C. (plaintiff) and A. (defendant) due to stalking pursuant to Art. 28b of the Swiss Civil Code (ZGB). [C.] and [A.] met in 2010 and separated in the same year. Since the separation, [C.] has complained about the harassment that [A.] has inflicted on her and her environment.
On August 31, 2012, [C.] filed a lawsuit with the District Court of March and demanded that a contact, location, and proximity ban be imposed on A. [A.] in turn filed a counterclaim and demanded that [C.] be prohibited from referring to him as a "stalker".
The District Court issued a contact, location, and proximity ban against [A.] and threatened the penalty for disobedience under Art. 292 of the Swiss Criminal Code (StGB). [A.] appealed the first-instance judgment. The Cantonal Court of Schwyz partially upheld the appeal but essentially confirmed the first-instance judgment.
[A.] then filed a civil law appeal with the Federal Supreme Court and requested the annulment of the cantonal and district court judgments.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it was considered.
The Federal Supreme Court stated that according to Art. 28b(1) of the Swiss Civil Code, the court can order, in particular, contact, location, and proximity bans to protect against stalking. However, these measures must respect the principle of proportionality, i.e., they must be sufficiently effective for the injured person and the least intrusive for the offending person.
The Federal Supreme Court examined the measures ordered by the Cantonal Court and concluded…