Court in St. Pölten Offers Diversion for Assault Case Following Victim's Plea
A man from the Burgenland region faced legal proceedings at the regional court in St. Pölten after allegations of repeated violence against his former spouse. The former couple, who share a five-year-old daughter, had experienced an on-and-off relationship following their divorce, remaining in contact primarily due to their parental responsibilities.
According to court records, the 30-year-old defendant, an Austrian citizen of Croatian descent and employed as a welder, and his 28-year-old ex-wife from Tulln, continued to interact in the months after their separation. The relationship, described as tumultuous, included several conflicts that escalated into violence. One notable incident occurred during a family holiday in Croatia, where the man, reportedly under the influence of alcohol, was accused of physically attacking and choking his ex-wife. He later acknowledged grabbing her by the neck but denied applying pressure, attributing his actions to being intoxicated and acting impulsively.
The defendant disclosed a longstanding alcohol dependency, which he linked to unresolved psychological issues and personal stressors, including financial burdens he felt had not been shared by his former partner. Despite this, he emphasized that he did not seek to blame his ex-wife for his behavior and expressed willingness to support her in the future, while also characterizing their relationship as unhealthy.
The man's attempts to resume a relationship with his ex-wife intensified between July and August, leading to persistent contact via phone calls and messages. Evidence presented in court showed that communication between the two was frequent, at times exceeding 400 messages per day. Despite these efforts, the pair continued to experience conflict, with further incidents of violence reported at the woman's residence in Tulln and on at least one occasion in a public setting. During one altercation, the woman sustained a bruise on her arm, which the defendant claimed was unintentional and occurred during a struggle.
Following these events, the ex-wife filed a police complaint against her former partner. She was summoned to testify during the trial but chose not to provide a statement, citing concern for the welfare of their daughter. The victim expressed her wish that her ex-husband should not receive a punitive sentence and agreed to a diversion procedure involving a monetary penalty. Her sister, also called as a witness, similarly declined to testify.
Taking these factors into consideration, the court offered the defendant the option of diversion, which he accepted. He was ordered to pay a fine calculated at 80 daily rates of 20 euros each, totaling 1,600 euros. The court did not impose a restraining order, noting that ongoing cooperation between the former couple would be necessary due to their shared parental responsibilities. The main hearing has been postponed pending completion of the diversion process.