The Violence Assistance Act – a milestone for protection and counseling

The Act on Assistance with Violence (GewHG) is a federal law that ensures the establishment and funding of a reliable support system for gender-based and domestic violence. It was introduced to legally enshrine the state's responsibility to protect women and children from violence and to implement the obligations under the Istanbul Convention and the EU Directive on Combating Violence against Women. The law responds to the alarming reality that in 2023, a femicide occurred in Germany almost every day, with a total of 360 girls and women killed by their (ex-)partners.

The Act on Assistance with Violence has four main objectives: the protection of women and children from domestic and gender-based violence, intervention in violent incidents, mitigation of the consequences of violence, and prevention, i.e., the prevention of future acts of violence.

The law brings the following key innovations:

• An individual legal right to protection and advice (from 2032)
• Ensuring low-threshold access to assistance services nationwide
• Possibility to access assistance facilities nationwide, regardless of place of residence
• Free services regardless of income, origin or residence status
• Binding minimum standards for assistance facilities
• Federal participation in the financing of the assistance system with 2,6 billion euros from 2027 to 2036

Violence protection facilities are currently financed through various sources: public grants from federal states and municipalities, as well as their own resources, such as donations and payments from women affected by violence. The federal government contributes indirectly by settling residents' social security benefits, thus co-financing stays in women's shelters. Learn more at “Financing the assistance system”.

The current financing is therefore a complicated patchwork that depends, among other things, on the respective budget situation.

The Act Against Assistance to Violence could be the key to expanding and financing the assistance system: A legal right could ensure that claims for protection can be legally enforced.

The Act on Assistance to Violence was passed by the German Bundestag on January 31, 2025, and confirmed by the Bundesrat on February 14, 2025. It was promulgated in the Federal Law Gazette on February 27, 2025, and thus largely entered into force the following day, on February 28, 2025. However, the text of the law stipulates that certain parts of the law will come into force at different times: The states' responsibility for ensuring security will apply from 2027, while the individual legal entitlement for those affected will only apply from January 1, 2032.

The law provides women and their children affected by violence with:

• From 2032, an individual legal right to protection and advice
• The right to access free assistance regardless of income, origin, residence status or health condition
• The right to seek assistance nationwide, regardless of place of residence
• The right to psychosocial support to cope with the experience of violence in the short or long term

The Act on Assistance Against Violence stipulates that children's vulnerable situations be considered separately. Book VIII of the Social Code (SGB VIII) (Child and Youth Services Act) remains paramount, and the systems are to be integrated in terms of provision and use.
A distinction is made: If a child affected by violence turns to a protective facility on their own, the youth welfare office must be informed.

If a child being cared for by a person affected by violence is in a protective facility or independently contacts a specialist counseling center, the youth welfare office should be involved after an appropriate risk assessment has been carried out for the child. To carry out this risk assessment, a further distinction is made: If the caring or counseling institution, as a provider of youth welfare services, has an agreement with the youth welfare office pursuant to Section 8a of the Social Code (SGB VIII), it is obligated to seek counseling from an experienced professional (InsoFa). In other cases, there is a right to counseling from an experienced professional pursuant to Section 8b Paragraph 1 of the SGB VIII.
The requirements of Section 4 (advice and transmission of information by those holding confidential information in cases of child endangerment) of the Act on Cooperation and Information in Child Protection (KKG) and Section 8a of the Social Code (SGB VIII) take precedence and must be observed.

Yes, as of January 1, 2032, there will be an individual legal right to protection and counseling. Specifically, this means that women and their children affected by violence have a legally enforceable right to protection and counseling services. This legal right concretizes and enforces the state's duty to protect life and physical integrity, enshrined in the Basic Law.

Yes, the services are free of charge for those affected. (The law stipulates that free access should not be dependent on declarations of cost coverage. Social Code II benefits will no longer be included and are to be phased out. However, this will only apply from 2032.)

Yes, those affected can receive assistance regardless of where they live. The law provides for cross-border admissions. It is expected that the states will conclude agreements for this.

The law refers to gender-based and domestic violence, including intimate partner violence and domestic violence. Digital violence is not explicitly mentioned. However, it is regularly classified under psychological violence. It remains to be seen to what extent this classification will be reflected in practice.

The federal states will be required to conduct inventory analyses and development plans to determine demand and create appropriate shelter spaces. The federal government is contributing €2,6 billion to the expansion. However, there is currently a shortage of 14.000 women's shelter spaces, and it is questionable whether these can be created by the time the legal entitlement comes into force in 2032.

Funding is primarily provided by the federal states, with the federal government contributing a total of €2027 billion in stages from 2036 to 2,6. These funds are distributed among the states through the Fiscal Equalization Act according to the Königstein key (more precisely, the states are relieved of these corresponding amounts). Recognized providers will be entitled to appropriate public funding (project funding) starting in 2027.

The law provides for preventive measures, including offender work and public relations. However, these are not backed up by concrete measures or funding. Initially, it can be assumed that these measures will be partially included in the calculations for the financing of the facilities (so-called overhead or cross-cutting requirements). 

The law stipulates that the quality of assistance must also take special needs into account. The states' responsibility for ensuring this also includes taking into account Disabilities within the meaning of Section 2 Paragraph 1 of the Ninth Book of the Social Code (physical, mental, intellectual or sensory impairments), migration and refugee biographies, Gender and gender identity, sexual orientation and the special needs of children.

The Act on Assistance in the Use of Violence is a crucial step towards implementing the Istanbul Convention, the Council of Europe's Convention on preventing and combating violence against women and domestic violence. It specifies Germany's obligations under this convention.

The law was necessary because the existing support system was and remains under-resourced and inadequate, based on voluntary services depending on political commitment and budgetary circumstances. There was a lack of a legal basis for the systematic support of women's shelters. Many women had no protection and no access to the support system due to legal hurdles, a lack of infrastructure, or other barriers. However, it will probably take some time – at least until 2027 or 2032 – until the situation improves to the point where women receive protection and access to the support system without legal hurdles, a lack of infrastructure, or other obstacles. 

According to the situation report "Gender-Specific Crimes Directed Against Women" for 2023, 360 girls and women were killed by their partners. This means that a femicide occurred almost every day in Germany. 

For operators of women's shelters and counseling centers, the law could provide greater planning security through secure funding. However, this initially depends on municipalities and states assuming their responsibilities under the law. Recognized operators will be entitled to appropriate public funding starting in 2027. At the same time, new requirements arise, such as documentation obligations, statistical maintenance, and reporting obligations.

The law stipulates binding minimum standards for assistance facilities, with provider recognition serving as a control element and quality assurance instrument. Section 6, paragraphs 2 to 6 formulate corresponding requirements. The actual design is the responsibility of the federal states. The extent to which mutual comparison will be carried out remains to be seen.

The provider has a claim for funding from the state. The legal recourse to the social court, which was provided for in a previous version of the bill, has been deleted, so the administrative courts will likely assume jurisdiction.

The law does not yet provide any concrete details of the body responsible under state law that is supposed to provide support in such a case.

According to Article 36, the cost reimbursement rule pursuant to Section 2a of the Social Code (SGB II) will no longer apply once Article 6 (2) comes into force. This date is linked to the date on which the legal entitlement comes into force, i.e. 2032. Until then, the obligation to reimburse costs will remain in place.

If you are affected by violence, there are various ways to get help quickly and easily: The nationwide helpline "Violence Against Women" is available 116/016 at the toll-free number 18 XNUMX. Counseling is anonymous, confidential, accessible, and available in XNUMX languages. Upon request, counselors will endeavor to connect you with a local support facility.

You can use the Women's Shelter and Specialist Counseling Center search function of the Women's Shelter Coordination Office to search for shelters in your area: www.fh-suche.de

Here you will find detailed information on women's shelters and counseling centers throughout Germany, including details on accessibility, language skills, and special services. 

The women's shelter search offers an interactive map and search function to quickly find a women's shelter in your area: www.frauenhaus-suche.de For security reasons, the locations of women's shelters are only shown approximately. You can filter by various criteria such as city, postal code, and capacity.

Both search portals offer information on various forms of intimate partner violence (physical, psychological, sexual, social, economic and digital violence) and are available in several languages.

In acute emergencies, contact the police on 110.

Challenges in implementation include:

• The long period until the legal entitlement comes into force (2032)
• The confusing scheduling of various implementation steps
• The commitment of resources through legal requirements (analyses, reporting obligations, statistics)
• Existing difficulties in the construction industry and bureaucratic hurdles
• The continued under-supplied assistance system until the obligations begin

The legal entitlement will not take effect until 2032, to give states sufficient time to expand their support systems. However, there are criticisms that this timeline is too long given the acute problem of violence, and that many affected individuals will not receive adequate assistance in the meantime.

The following gaps are seen in the law:

• The restriction to women and their children (no explicit inclusion of trans*, inter* and non-binary people)
• The lack of specific details regarding prevention measures and perpetrator work
• Reducing the spectrum of experiences of violence to a current threat of violence
• The use of vague legal terms, the interpretation of which can only be partially derived from the explanatory memorandum to the law