Options after false accusations / Schadensersatz
A friend of mine is in a bit of a situation, located in Kanton Bern. There have been multiple false accusations against him from his ex-gf and her circle.
They had a bad break-up in Oct 24, Police was once involved.
Followed by KESB-Meldungen against him in Nov 24 (he has 2 kids with another woman in the same village), which could’ve ended in him losing custody.
It didn’t and he still sees them every week, but both have a Beistand and they have to go to Familienbegleitung.
Then in Jan 25 the ex-gf went to police and accused him of SA, some of them means Offizialdelikte. Attorneys Office is investigating and hasn’t decided if they do Anklage or if there nothing.
Then in Oct 25 the ex-gf again went to the police, made civil accusations (Persönlichkeitsrecht) and was able to get a Restraining Order (Kontakt-, Annäherungs- und Rayonverbot) via superprov. vorsorgl. Massnahme.
For my friend, since they all live in the same village, this meant basically half of the village was forbidden territory. Ex-gf lives by school and not far from the mother of my friends kids. So he wasn’t able to bring them to school, play with them there, bring them to their mother.
Because it was superprov. , no possibility to make Einsprache.
Multiple Einvernahmen were made.
Fast forward to last Week, they decided to lift the restraining order because the other side didn’t provide the required further proof and the Einvernahmen lead nowhere. Gerichtsverhandlung that was set, was also cancelled.
He told me he will get „Parteienentschädigung“ and that he still has to wait for the criminal case to continue.
So here are my questions:
Is it possible that he will get something as a Schadensersatz? I think the issue will be that a lot of the stuff he had to endure (Social Isolation b/c the village is so small, Not able to fully work b/c of the pressure) is hard to put into numbers. The Beistand and Familienbegleitung were mostly triggered by the ex-gf, so now it’s suddenly baseless.
How is Schadensersatz from criminal cases different from Schadensersatz in civil cases and how might it play into this situation?