Children as victims

Woman records violence by ex-partner, is charged

The recordings that incriminate the father did not bring him to court, but rather the mother who made them.(Bild: stock.adobe.com null)

A lawyer from Upper Austria wanted to use a cell phone recording to prove that the father was abusing the children. But now the mother is facing criminal charges as a result. The investigation against the man has been dropped, much to the outrage of the victims' lawyers.

Family matters that end up in court are often the most sensitive and complex legal cases. This is also true of a case from Upper Austria, where two lawyers are the main players. The mother accuses the father of their children of years of violence and sexual abuse. To prove this, the woman made audio recordings. She saw this as the only way to hold her ex accountable.

Victim's lawyers filed motions to continue
An investigation was launched. However, the public prosecutor in Linz dropped the case on December 9, 2025, on the grounds that "the underlying offense is not punishable by law." According to the victim's representatives, however, she also acknowledged that the father had committed physical and psychological assaults—slapping, verbal abuse, and threats—against the young children.

The next shock for the Upper Austrian woman was not long in coming. While the proceedings against the father were dropped, a criminal complaint against the mother landed on her doorstep. She will soon have to answer for this as a defendant in the district court in Linz. The reason for this is that, according to the public prosecutor's office, the recordings made by the woman, on which third parties can apparently also be heard, constitute "misuse of audio recording devices."

In the tape recordings, the accused himself admits to the assaults.

Philipp Wolm vertritt eines der Kinder.

Bild: www.kw-anwaelte.com/

Key evidence was overlooked, and the young daughter was not even questioned.

Anwalt Nikolaus Rast vertritt die Juristin und Mutter.

Bild: zVg

"In the recordings, the accused himself admits to having slapped the victim, who was of kindergarten age at the time, on the cheek. There is also talk of 'flicks' in the genital area," says Philipp Wolm, the lawyer representing the minor son of the former couple.

Lawyer Nikolaus Rast, who represents the lawyer together with Melanie Kolar, sharply criticizes the dismissal. They identify a "flawed" trial and have now filed motions to continue. In their opinion, further witnesses should be questioned, the experts who attest to the children's post-traumatic stress disorder should be interviewed, and the audio recordings should be technically processed.

In order to avoid additional stress for the children, my client does not wish to participate in the public debate on this matter.

Der Anwalt des Familienvaters

Audio recordings not sufficiently evaluated?
"Key evidence was overlooked, the young daughter was not even interviewed," says Rast, "and the audio recordings documenting violence and threats were not sufficiently evaluated."

The father's lawyer does not expect the case to continue and says: "Family disputes are stressful enough for everyone involved, especially the children. To avoid additional stress, my client does not wish to participate in the public debate on this matter."