A law firm is involved if the affected person turns to a law firm to receive full legal advice on their rights. In the further course, the affected person might want their rights to be asserted in court by the law firm.

German associations like Weisser Ring offer victims of violence counseling and an assistance check for the first consultation with a lawyer.

Section 164 of the German Criminal Code (Strafgesetzbuch) states that false accusations are punishable if the alleged perpetrator is innocent. The mere exaggeration of facts is not necessarily punishable.

Under certain circumstances, criminal liability may arise from Sections 185 (insult), 187 (defamation) and 153 (false testimony as a witness) of the German Criminal Code.

Self-defense can justify a criminal action, as stated in Section 32 of the German Criminal Code.

Section 20 of the German Criminal Code states that in case of mental disorder, such as insanity, there is no criminal guilt.

Section 1 (3) of the Act on Civil Law Protection Against Violence states that the court may order protection measures if a person has committed the offense in a state of mental disturbance rendering them completely incapable of the free exercise of will as a result of the consumption of alcoholic beverages or similar substances. In all other cases of self-defense or complete insanity, such an order is not possible.

The witness's duty is to testify honestly and completely, and not to give false unsworn testimony or to commit perjury.

 Sections 52-55 of the German Code of Criminal Procedure provide for proceedings before the criminal court, among other things, that a relative, fiancee/fiance or spouse of the accused has the right to refuse to testify, as well as a witness who would incriminate himself or herself or their relatives. The same principles apply in proceedings before the family court (Section 29 of the Act of Proceedings in Family Matters in conjunction with Sections 383 and 384 of the Code of Civil Procedure).

As described above, a witness can refuse to testify in case of a relative/fiance(e)/spouse relationship or in case the witness would incriminate his or her relatives.

There is no particular legal impact, but there are some regulations that provide protection, such as testifying in a separate room or via video, the exclusion of the public, the attendance of parents and the participation of a youth protection organization or victim protection organization.

In general, the law does not make a distinction between child and adult victims concerning charges. The consequences for the victim caused by the offense can be taken into consideration by the court. The sexual abuse of children may lead to higher penalties than the sexual assault of adults as the Criminal Code makes a distinction between offenses in this respect. Parents may file a criminal complaint for their child.

Children can access support from the following organizations:

• children and youth telephone (Kinder- und Jugendtelefon) +49 800 111 0333
• online advice www.youth-life-line.de
• youth welfare office
• the child protection services and child protection agencies of all states

German law provides for a range of penalties for each offense, within which a penalty is determined by the criminal court. When fixing the penalty, the court weighs the circumstances that speak in favor of and those that speak against the offender. A punishment-free past life may  be taken into consideration by the court when fixing the penalty. Low prison sentences for first-time offenders are usually suspended on probation.

Section 4 of the Act on Civil Law Protection Against Violence states that anyone who violates a protection order will be punished by a fine or imprisonment of up to one year.

Section 223 of the German Criminal Code punishes a person who causes bodily injury with a fine or prison sentence. Sections 224 and 226 regulate dangerous and serious bodily injuries with minimum prison sentence penalties.

Section 177 of the German Criminal Code states that anyone who commits sexual crimes will be punished with a prison sentence.

Section 238 of the German Criminal Code states that anyone who commits stalking will be punished with a fine or a prison sentence of up to three years.

Pursuant to Section 4 of the Act on Civil Law Protection Against Violence, the violation of an existing order for protection is a criminal offense and it is punishable by a prison sentence of up to one year or by a fine.

As a long-term protective measure, a judge can determine that offenders must comply with protection orders, such as orders to leave the common home for a longer period or permanently, to maintain a certain distance or to avoid all contact.

In case of the violation of those protection orders, the judge will impose a fine or liberty restriction.

A victim is entitled to various rights in criminal proceedings. As particularly vulnerable victims, victims of domestic violence are notified of the offender's release from custody upon request.