Your rights in domestic violence

Free translation based on "Deine Rechte bei drohender Gefahr"

 

If you feel in immediate danger, call 112. Members of the Police are specially trained to deal with these situations and help you get support.

 
Until the police arrive, seek refuge in a safe place, e.g. or lock yourself in a Room. The police can order your partner to leave the home, and prohibit him from entering the home again for up to 14 days. The police have a duty to record a complaint. For example (Section 223 StGB), rape (Section 177 StGB), coercion (Section 240 StGB), deprivation of liberty (Section 239 StGB) or insult (Section 185 StGB).
 
If you wish to leave your home by yourselfe: Women's shelters also offer protection in the event of acute threats.
 

 

Act on Civil Law Protection against Violence

 

protective orders

If you or your children have been victims of domestic violence, you can apply for protection orders from the general civil courts according to §823.

 
The offender can be banned from abus and harassment by the court.
 

child custody

If you separate from your partner because of violence to protect yourself, you can then apply to the family court to transfer temporary sole custody. In addition the court may order that a father's Visitation Rights to stopped.

 

Apply for information blocking in the population register

The application can be made in writing or in person by appointment with the authority. By submitting the application, you must present facts and credibly demonstrate why you may be at risk to life, health, personal freedom or similar interests worthy of protection by providing information. Such forms are available, for example, at  https://www.service-bw.de/leistung/-/sbw/Melderegister++Auskunftssperre+bewerbungen-4543-leistung-0.

 

Stalking

Pursuant to § 238 I StGB, stalking in Germany  is a criminal offense punishable with a fine or with a term of imprisonment not exceeding three years.

In addition you can deal a temporary injunction for protection against stalking. Section 1 of the Act on Protection against Violence provides that victims of violence may move for a court protection order. In the protection order, the court imposes the measures that are necessary to prevent further injuries or threats. 

 

 
Sources