What are my rights?

If you have experienced violence in your partner, at home, or in someone close to you, you can call the police, file a criminal complaint, and also seek civil protection. This applies regardless of your relationship to the abusive person.

For example, you can apply for protective orders, the allocation of the apartment, damages and compensation for pain and suffering, a court order regarding custody of shared children, and the suspension or restriction of visitation rights.

If you are affected by violence or stalking, you can apply for a court protection order under the Violence Protection Act Court protection orders are intended to end acutely dangerous situations and prevent further violence. No criminal proceedings are required for this.

The court protection orders include in particular:

• Contact and proximity bans, for example for the shared apartment, bans on meeting, bans on contact – by telephone, email or social media
• Residence bans, for example for the workplace or children’s kindergarten/school
• An important court order is the transfer of the shared apartment. This gives women affected by violence the opportunity to use the apartment alone, at least for a certain period of time.

You can apply for a court protection order at the family court in your local district court. The following documents are helpful when submitting the application:

• medical certificates,
• witness statements,
• Police documentation of an operation,
• Photos of injuries and destruction in the apartment,
• Text messages, emails, and your own records of the date, time, crime location, and incident.

Protective orders are limited in time but can be extended upon request. Violation of court orders is punishable by law.

If children experience intimate partner violence, their well-being may be at risk. Youth welfare offices are required to initiate child protection proceedings if there are indications of intimate partner violence. This process assesses the extent of the risk to the child and how they can be protected.

If the child's well-being is at risk, the court can issue warnings and restraining orders to the abusive parent in child protection proceedings. It can also revoke custody or evict the parent from the home.

Child protection proceedings involve the youth welfare office, both parents, and the children. The children's wishes must be given special consideration. They have the right to a legal representative who represents their interests.

Legal proceedings can also be initiated by third parties, for example by staff at specialist counseling centers, or by the child themselves.

If an abusive parent continues to have contact with their child, there is a risk of renewed violence – either against the parent who cares for them or against the child. Therefore, the family court can suspend contact with the abusive parent or order supervised contact. In this case, the contact between the parents or one parent and the child is supervised by a third person. For example, a support worker from the youth welfare office or an institution such as the German Child Protection Association or others recognized providers of Child and Youth Services.