Fighting Domestic Violence

Germany

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4. Protection for domestic violence victims and relief granted
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4. Protection for domestic violence victims and relief granted Start Comparison
4.1 Civil protection orders
4.1.1 Are there civil protection orders available to victims of domestic abuse?

Yes, the victim may apply for civil protection orders — "stay-away orders" — under the Act on Civil Law Protection Against Violence, which include ordering that the abuser:

  • not enter the home (barring order)
  • not come within a certain distance of the home
  • stay away from other specified places that the victim often visits, such as the workplace or school
  • not contact the victim, including by telecommunications (e.g., via a telephone, text message or the internet)
  • not try to meet the victim

In certain cases, the victim may stay in the home for at least six months. In addition, if immediate action is required, a victim may apply for a temporary "interlocutory" order, pending the outcome of the above main application.

The Act on Civil Law Protection Against Violence does not apply if the aggrieved or threatened person was subject to parental custody, guardianship or curatorship of the perpetrator at the time of the act. Instead, the protective standards of the laws on children apply. The family court is required to take the necessary protection measures to avert a danger to the child's best interests pursuant to Sections 1666 and 1666a of the Civil Code. These include the above-mentioned measures.

Orders under Sections 1666 and 1666a of the Civil Code are not limited to perpetrators with parental custody but also apply to third-party aggressors (e.g., the mother's boyfriend).

4.1.2 Who can petition for civil protection orders?

The "aggrieved or threatened person," meaning the victim, may apply for the protective order under the Act on Civil Law Protection Against Violence. Their parents or legal representatives must represent children under the age of 18.

A formal request for a civil protection order based on Section 1666 of the Civil Code is not necessary; the court may enact a civil protection order at its discretion if the legal prerequisites are met. The (other) parent, the Youth Welfare Office, the child or third parties such as teachers or neighbors may informally encourage the court to intervene by informing it about the circumstances of the case.
4.1.3 Are there temporary custody of a child or child support orders?
Yes. Pursuant to Sections 1666 and 1666a of the Civil Code, the family court is required to take the measures necessary to avert danger from the child. These measures include partial or complete removal from a parent's custody; instructions to seek public assistance (such as child welfare benefits and healthcare); and ordering a parent to stay away from the family home temporarily or for an indefinite period, and to stay away from the child and certain other places the child regularly frequents. In the case of minor children (under the age of 18), the court appoints a special advocate/guardian to speak on the child's behalf.

4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

Yes. Under Section 1 of the Act on Civil Law Protection Against Violence, upon application by the person that has been injured, threatened or harassed, the court may order the abuser to stay away from the home and the specified places that are frequented by the victim (stay-away orders). The same applies under Section 1666 of the Civil Code as far as children are the victims.

4.1.5 Are there any other types of emergency, preventive and civil protection orders?

The victim may ask for emergency interim relief (see "Are there civil protection orders available to victims of domestic abuse?") for the type of orders available above. If the abuser violates the protective order under the Act of Civil Law Protection Against Violence, the court may impose a fine or imprisonment of up to one year.

4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

Direct victims can request the orders under the Act on Civil Law Protection Against Violence. The victim has to file a request in a separate civil procedure to extend the order to children if the children are direct victims themselves. A legal representative must request the orders for a child victim (under the age of 18).

A formal request for a civil protection order based on Section 1666 of the Civil Code is not necessary; the court acts ex officio. The court may be informally encouraged to intervene by direct or indirect victims, as well as by third parties such as the (other) parent, the Youth Welfare Office, teachers or neighbors.
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
Depending on the circumstances, the court imposes protective orders for a limited period (e.g., six months) but the period may be extended. However, there are limits if the victim does not solely own the home. For example, if the aggressor is ordered not to enter the home of the victim that is rented by the aggressor solely or jointly with another person, the order will not exceed six months, but it can be extended up to another six months if the victim cannot find another home (see also "Are there civil protection orders available to victims of domestic abuse?" above).
4.1.8 Are ex parte orders permitted without the aggressor being present?
Civil (not criminal) protection orders can be issued without hearing the aggressor during the interim injunction (until the final decision is made). If the aggressor opposes this, they must be heard and the judge has to make a new decision considering the aggressor's arguments. If the judge has substantial doubts, the judge also orders oral proceedings.

4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?

Not directly. Each family member has to apply for a (emergency) protection order under the Act on Civil Law Protection Against Violence. Therefore, as the legal representatives of their children, parents have to request a protection order for children against third parties separately. Parent and child matters concerning the place of residence or the surrender of the child, as well as proceedings based upon the endangerment of the best interests of the child, will have priority and the proceedings will be handled in an expedited manner. Barring orders (removal from the home) assist in protecting family members.

4.1.10 How long do the orders last?

Depending on the circumstances, the protection orders should be issued for a limited term (e.g., six months) but the term may be extended or the orders may not be limited at all. However, there are limits if the home is not solely owned or rented by the victim. For example, if the aggressor is ordered not to enter the home of the victim that is rented by the aggressor solely or jointly with another person, the order will not exceed six months, but it can be extended up to another six months if the victim cannot find another home.

4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.

There is no empirical information on the number of civil protection orders since there is no formal police, state or judicial registration system. However, there are some sample studies and data regarding violence against women, as set out below:

UN WOMEN. Global Database on Violence Against Women — Germany: https://evaw-global-database.unwomen.org/fr/countries/europe/germany; includes Study: Health, Well-Being and Personal Safety of Women in Germany — a summary of central research results published in 2004.

4.2 Steps for receiving a protective order
4.2.1 What documentation is needed to obtain a civil protection order?
In temporary injunction proceedings, the victim has to provide evidence of the unlawful behavior by a statutory declaration and, if possible, a medical certificate. In the main proceedings, it is helpful to provide witness statements, police documentation, photos of injuries or damage to the home, text messages and personal records of the details of the incidents.
4.2.2 Does the victim need to attend a hearing?

Usually, the judge makes a decision in an interlocutory proceeding without hearing the victim or the abuser. In "doubtful" cases, the judge may want an oral hearing. In the main proceedings, the victim and perpetrator may be heard in separate hearings if this appears necessary to protect the victim (Section 33 (1) (2) of the Act on Proceedings in Family Matters). A hearing of the victim may also be omitted altogether if there is reason to fear significant harm to the victim's health (Section 34 (2) of the Act on Proceedings in Family Matters).

4.2.3 Can you request remedies?

Yes. The victim can file their claim for remedy with the court, including the request type, scope and duration of the remedy. However, the court retains discretionary powers to determine and impose the protective order it deems appropriate and proportionate in light of the circumstances.

The victim or the offender may appeal against the decision of the court.
4.2.4 Are there time limits?

If an interlocutory order has been issued, the court commences the main action after an application is filed. Upon the issuance of the interlocutory order, the court may set a deadline not exceeding three months, prior to which the application may not be made.

Upon an application, the court will order that the victim who obtained the interlocutory order apply to the court for the commencement of the main action within a certain deadline not exceeding three months or file an application for approval of legal aid for the main action. The interlocutory order will be rescinded if the victim does not comply with this order.

Claims for damages based on intentional injury to life, limb, health, sexual self-determination or liberty cannot be made after 30 years.

4.2.5 Are there different rules in emergencies?

The court acknowledges that there is an urgent need for immediate action when an offense under Section 1 of the Act on Civil Law Protection Against Violence was committed or, when based upon specific circumstances, there is a fear that such an offense will be committed. Civil protection orders are usually imposed in interlocutory proceedings in one to five days without hearing the victim and the offender, and usually in one to two weeks in the case of oral proceedings. The actual trial takes approximately 30-60 minutes. In both cases, they take up less time than normal civil proceedings. The order has immediate effect.

4.3 Judicial discretion
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

The judge has discretionary power to gather evidence and arrange the protective order. The civil judge can make a different order from the type, scope or duration requested by the victim, but only if the order is less extensive or long.

4.3.2 Are there age limits on who can obtain orders?

No; however, legal representatives will request orders relating to children under 18.

4.4 Restitution and remedies available to victims
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
A victim can claim damages for injury to their life, body, health, freedom, property and other rights. The victim can claim financial losses, such as medical expenses. For injury to their body, health, freedom or sexual self-determination, the victim may claim damages for pain and suffering.
4.4.2 Can they recover wages and profits lost?
When a person is injured, the aggressor may have to compensate for the livelihood or advancement of the victim. Damages also include lost profits.
4.4.3 Is a separate civil process required?

If the family court is competent to issue a protection order — relevant to cases in Sections 1 and 2 of the Act on Civil Law Protection Against Violence — then a separate civil process is required for restitution and remedy because, for those issues, the civil courts have the judicial competence and not the family courts. 

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