Violence against women, whether in public or in the home, is punishable in Germany. If a woman is threatened with violence or is exposed to acute violence, there are various legal protection options available.
In cases of acute danger, the police can offer protection and assistance. Their task is to end violence, protect victims from violence, and investigate crimes. The police can be reached via the emergency number 110 or about the Telephone numbers of local police stations She is obligated to come immediately in case of danger.
Eviction for domestic violence
When responding to cases of domestic violence, police in most German states have the option of removing violent offenders from their homes and prohibiting them from returning. These so-called removal orders or expulsions are regulated by the respective police laws.
In addition, the police can take further protective measures, such as issuing bans on entering places such as a woman's daycare center or workplace, or taking the perpetrator into custody. Corresponding regulations are laid down in the police laws and the police guidelines of the various states. Women can also file a report with the police station, regardless of a police operation, to have these protective measures ordered.
Police investigation
If a criminal offense has been committed, such as assault, coercion, rape, or deprivation of liberty, the police must investigate. Those affected can also file a report at any police station. The police forward the results of the investigation to the district attorney's office or public prosecutor's office, which decides whether to file charges.
Counseling for affected women
Following police interventions in cases of domestic violence, intervention centers, specialized counseling centers, or women's shelters often offer immediate counseling to women affected by violence. In some federal states, they initiate contact with the abused women as soon as they are informed by the police.
Victims of violence can also seek civil protection in addition to or instead of criminal proceedings. Those affected can apply for protective orders, residential assignment, damages and compensation for pain and suffering, a court-ordered custody arrangement for shared children, and the suspension or restriction of visitation rights.
Court protection order
Women who suffer from violence or Stalking affected, a court order for protection can be obtained under the Violence Protection Act apply for one. Their relationship to the violent person is irrelevant. The court-ordered protective order is intended to prevent further acts of violence and is often an essential measure to end an acutely dangerous situation. This allows women affected by violence to calmly ensure their safety and seek support.
The court protection orders include in particular:
An important court order for protection 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.
Court orders of protection are issued by family courts in the relevant district courts. Medical certificates, witness statements, police documentation of a deployment, photos of injuries and damage to the home, text messages, emails, messenger messages, and your own records of the date, time, location, and incident can be helpful when filing an application.
Protective orders are limited in time but can be extended upon request. Violation of court orders is punishable by law.
Children are often themselves affected by domestic violence or witness the abuse of their mother. Since witnessing violence against the mother can endanger the child's well-being and has negative consequences for their development, special measures are required in this case.
Police measures to protect women from violence, such as removal orders, expulsions, and bans on entry, also protect children. However, their protection needs must be given special consideration.
Provisions of child law
To protect children from violence by parents or other persons with custody, the following apply: Provisions of child lawIn child protection proceedings, the family court must ensure that any threat to the child's well-being is averted. To this end, it can issue warnings and restraining orders, withdraw the right of custody or parental authority, and expel an abusive parent from the home. The youth welfare office must always be involved in child protection proceedings.
If an abusive parent continues to have contact with their child, there is a risk that violence will recur. In these cases, the family court can order supervised contact or suspend contact altogether.
Legal proceedings can also be initiated by third parties, for example by staff at specialist counseling centers, or by the child themselves.
More protection against domestic violence, information on the Violence Protection Act, published by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and the Federal Ministry of Justice and Consumer Protection, Berlin, August 2017.
Working aid for the FamFG in cases of domestic violence, published by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, May 2011.
The following federal associations are members of the Women’s Shelter Coordination Association
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