𝗛𝗢𝗪 𝗧𝗢 𝗙𝗜𝗟𝗘 𝗙𝗢𝗥 𝗔 𝗥𝗘𝗦𝗧𝗥𝗔𝗜𝗡𝗜𝗡𝗚 𝗢𝗥𝗗𝗘𝗥

(𝗔𝗻𝘁𝗿𝗮𝗴 𝗮𝘂𝗳 𝗘𝗶𝗻𝘀𝘁𝘄𝗲𝗶𝗹𝗶𝗴𝗲 𝗔𝗻𝗼𝗿𝗱𝗻𝘂𝗻𝗴 𝗻𝗮𝗰𝗵 𝗱𝗲𝗺 𝗚𝗲𝘄𝗮𝗹𝘁𝘀𝗰𝗵𝘂𝘁𝘇𝗴𝗲𝘀𝗲𝘁𝘇)

𝗛𝗢𝗪 𝗧𝗢 𝗙𝗜𝗟𝗘 𝗙𝗢𝗥 𝗔 𝗥𝗘𝗦𝗧𝗥𝗔𝗜𝗡𝗜𝗡𝗚 𝗢𝗥𝗗𝗘𝗥

(𝗔𝗻𝘁𝗿𝗮𝗴 𝗮𝘂𝗳 𝗘𝗶𝗻𝘀𝘁𝘄𝗲𝗶𝗹𝗶𝗴𝗲 𝗔𝗻𝗼𝗿𝗱𝗻𝘂𝗻𝗴 𝗻𝗮𝗰𝗵 𝗱𝗲𝗺 𝗚𝗲𝘄𝗮𝗹𝘁𝘀𝗰𝗵𝘂𝘁𝘇𝗴𝗲𝘀𝗲𝘁𝘇)

Any form of violence against women is liable to prosecution in Germany, regardless of whether it occurs in public space or in the domestic sphere. If a woman is threatened by or exposed to violence, there are different possibilities for legal protection.

𝗣𝗼𝗹𝗶𝗰𝗲 𝗣𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻

In case of an urgent threat, the police can provide protection and support. Its task is to stop violence, to protect victims against violence, and to investigate criminal offenses. The police can be called under the emergency number 110 or under telephone numbers of local police stations. In case of dangerous situations, the police are obliged to immediately come to the rescue.

𝗘𝘃𝗶𝗰𝘁𝗶𝗼𝗻 𝗶𝗻 𝗖𝗮𝘀𝗲 𝗼𝗳 𝗗𝗼𝗺𝗲𝘀𝘁𝗶𝗰 𝗩𝗶𝗼𝗹𝗲𝗻𝗰𝗲

If the police are called in because of domestic violence, they are in most federal states legally entitled to evict the perpetrators from a shared apartment (Wohnungsverweis) and to issue a restraining order. The detailed provisions concerning eviction and restraining orders are laid down in the police laws of each state.

Moreover, the police can take further protective measures, such as banning the perpetrator from entering places like day-care centres or the woman’s workplace  or they can issue a prohibition to return (Rückkehrverbot). These protective measures can also be issued when women and children visit a police station to file a complaint.

𝗛𝗼𝘄 𝗱𝗼 𝗜 𝗴𝗲𝘁 𝗩𝗶𝗼𝗹𝗲𝗻𝗰𝗲 𝗣𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻 𝗼𝗿𝗱𝗲𝗿/𝗥𝗲𝘀𝘁𝗿𝗮𝗶𝗻𝗶𝗻𝗴 𝗼𝗿𝗱𝗲𝗿 ?

Protection against violence is only available on application and only in court. Although the victim of violence can inform the police, who can then file a criminal complaint and, if necessary, take police measures such as a short-term ban on contact or short-term detention, but these measures are not permanent.

Only a court can issue orders that permanently protect the victim of violence from the perpetrator. So to file for a restraining order one needs to go to court (Antrag auf Einstweilige Anordnung nach dem Gewaltschutzgesetz)  Although the victim of violence can also submit such an application to the court without a lawyer, it is advisable to hire a lawyer for reasons of experience and competence, but also for factual reasons, since the layman does not have to deal with the difficulties as well and formalities of a legal procedure .The costs usually have to be borne by the perpetrator anyway and of course victims in financially difficult situations can claim free legal aid! Wiesser Ring in your area is also a very helpful organization that can assist you to go through this process.

𝗪𝗵𝗮𝘁 𝗽𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻 𝗼𝗽𝘁𝗶𝗼𝗻𝘀 𝗮𝗿𝗲 𝘁𝗵𝗲𝗿𝗲?

Courts have a wide range of leeway when it comes to protecting against violence, although they are strictly bound by the victim’s application (so it is always important to consult a lawyer). The legal spectrum ranges from bans on entering the victim’s home to the possibility of decreeing a so-called ban mile, so that the perpetrator is not allowed to approach the victim within a certain radius of the home.

In addition, the court can issue a residence ban so that the perpetrator is not allowed to be in places that the victim visits regularly. This can be the work place but also the kindergarten of the child of the victim or places they regularly hand out.

There is also the possibility of a ban on contact so that the perpetrator is no longer allowed to contact the victim, either personally or by means of long-distance communication such as the Internet, telephone and e-mail.

The court can also order a ban on the meeting, so that in the event of a chance meeting, the perpetrator has to leave immediately of his own accord.

In addition, in the case of a shared apartment, the court can award the victim the sole right of residence, so that the perpetrator is no longer allowed to use the apartment. The perpetrator must immediately comply with the orders issued by the court.

In such a court order, the perpetrator is also threatened that he will have to pay a fine of up to €250,000 in the event of a breach of the above measures and that he may also be arrested if the fine is not paid.