Family Law

Protection Order in Germany

A protection order is a legal document issued by a court to protect a person from harm, harassment or abuse, typically in situations of domestic violence, stalking, harassment or threats. The main purpose of a protection order is to prevent contact between the person seeking protection (the applicant) and the person posing a threat (the respondent). These orders can include a range of restrictions and obligations.

In Germany, a protection order is called a “Schutzanordnung” or “Gewaltschutzverordnung”. It is issued under the Violence Protection Act (GewSchG), which is designed to protect victims of domestic violence, harassment, stalking or threats.

Contact us now for a consultation and take the first step towards securing the protection you need.

Take the first step toward securing the protection you need.

Call the Office (M-F: 9am-6pm)
+49 (0)30 88702382

Contact us via email
[email protected]

Key Features of a Protection Order in Germany

A protection order is a legal tool that helps to ensure the safety of people who are threatened or abused in a domestic and personal context.

It is granted by a court after a hearing and can include various measures such as:

No contact orders: Prohibits the respondent from contacting the victim (by phone, email or in person).
Stay Away Orders: Prohibiting the respondent from going near certain places such as the victim’s home, work or school.
Eviction orders: Requiring the respondent to leave a shared home, even if they own it or are listed on the lease.
Other restrictions: Additional measures may be imposed depending on the case.

A protection order is usually for a fixed period, usually up to 6 months or a year, but can be extended if necessary. If the threat continues, the victim can apply for an extension before the order expires.

In urgent situations, the process can be quick to ensure immediate protection, but each case will vary depending on the evidence and the nature of the threat.

If the applicant cannot afford legal representation, they may be eligible for legal aid. Many organisations in Germany, such as women’s refuges or victim support groups, offer assistance with the process and provide legal advice, particularly for victims of domestic violence and stalking.

Who can apply for a protection order?

Anyone who feels threatened, harassed, or is a victim of violence in Germany can apply for a protection order under the Violence Protection Act.

This includes:

  • Victims of domestic violence: Spouses, partners or other family members who are physically, emotionally or psychologically abused. It applies to current or former relationships, even if the couple is no longer living together.
  • Victims of stalking or harassment: People who are being stalked or harassed by someone, whether it’s a former partner, acquaintance or even a stranger, can apply for a protection order.
  • Victims of threats: People who have been threatened with violence, whether physical or otherwise, can apply for protection.
  • Children: If a child has been subjected to violence or threats, their parents or guardians can apply for a protection order on their behalf.
  • Other vulnerable people: Anyone who feels threatened, including neighbours or cohabitants experiencing violence in a shared living space, can apply for a protection order.

How to apply for a protection order in Germany

A person seeking protection must apply to the local civil court.

The procedure is designed to provide quick and effective protection for those facing imminent danger or ongoing harm and involves the following steps:

  1. Gather evidence: Before applying for a protection order, it is helpful to gather as much evidence as possible to support your application. This may include witness statements from people who have witnessed the violence or threats, medical reports if you have been injured, police reports if the police have been involved in any incidents, text messages, emails or recordings showing threats or harassment. This evidence strengthens your case and helps to demonstrate the need for protection.
  2. Submitting the application: You must file a formal application for a protection order with the local civil court in the jurisdiction where you live or where the incident occurred. The application can be made by the victim themselves, if they feel able to do so, or by a lawyer who can assist in drafting and filing the necessary documents; in urgent cases, assistance may be available from a women’s refuge or support organisations.
  3. Temporary protection order: If there is imminent danger, the court can issue a Temporary Protection Order very quickly – sometimes within a day or two – without a full hearing. This order protects the victim until a final decision is made.
  4. Court hearing: In most cases, the court will schedule a hearing at which both the applicant (the person seeking protection) and the respondent (the alleged perpetrator) will be heard. This is an opportunity for both sides to present evidence and arguments. The respondent will be notified and given an opportunity to present his or her side of the case, but the court may grant an interim protection order before this hearing if the threat is serious.
  5. Final protection order: After the hearing, the court makes a final decision.
  6. Enforcement and violations: Once the protection order is issued, it is legally binding. If the respondent violates any part of the order (e.g., contacting or approaching the victim), he or she may face legal consequences, including fines or imprisonment. The police may be called in to enforce the order and the court may impose further penalties.

Although it’s not compulsory to have a lawyer, legal advice is strongly recommended, especially in complex cases. At LSI Berlin we can assist you throughout the process, including filing the application and representing you in court. Get in touch with the law firm as soon as possible if you’re considering applying for a protection order.

What are the effects of a protection order

A protection order has several important effects aimed at ensuring the safety of the victim and restricting the actions of the person posing a threat. These effects are legally binding and can have serious consequences for the person against whom the order is made.

The main effects of a protection order are:

  • Prohibition of Contact (Kontaktsperre): The person against whom the order is made (the respondent) is prohibited from contacting the victim in any way, including in person, by telephone, text message, email or social media. Indirect contact is also prohibited, i.e. the respondent cannot communicate with the victim through a third party unless specifically permitted for practical reasons (e.g. child custody issues).
  • Prohibition of Approaching the Victim (Näherungsverbot): he respondent is required to keep a certain distance from the victim, which usually includes staying away from the victim’s home, workplace or school, and avoiding places frequented by the victim, such as family homes, day-care centres or other specific locations specified in the order. The exact distance required will be determined by the court.
  • Eviction from a Shared Residence (Wohnungsverweisung): If the victim and the respondent share a home, the court can order the respondent to vacate the shared home immediately and prohibit the respondent from returning to the home, even if they are the legal owner or have a lease. The purpose of this is to provide a safe living environment for the victim.
  • Prohibition of Stalking or Harassment: The order may specifically prohibit the respondent from engaging in any form of stalking, which includes following the victim, observing the victim’s daily activities and appearing uninvited at places where the victim may be. This provision covers both physical stalking and cyberstalking.

If the respondent breaches any aspect of the protection order, there are legal consequences, which may include fines and monetary penalties for each breach of the order, as well as imprisonment. This is particularly likely in cases of repeated or serious breaches. The police have the power to intervene if the order is breached, and they can enforce immediate removal from a location or arrest the respondent.

Where the protection order involves children (e.g. in situations of domestic violence), the court may include special provisions, such as temporary changes in child custody to protect the children from exposure to violence, and visitation restrictions, limiting or supervising the respondent’s access to the children if deemed necessary for their safety.

A protection order is usually for a fixed period, often six months to a year. However, it can be extended if the court considers the threat to be ongoing. The victim can apply for an extension before the order expires if they still feel at risk.

What Happens if a Protection Order is Violated, Breached or Ignored?

If a protection order is violated, breached or ignored in Germany, there are serious legal consequences for the person who disobeys the court’s orders. The Protection from Violence Act provides clear mechanisms for dealing with and enforcing breaches of protection orders, with the aim of protecting the victim and punishing the offender.

If the respondent (the person against whom the order has been issued) violates any of the terms of the protection order, such as contacting the victim, going to restricted places or harassing the victim, the police can intervene immediately:

  • The victim or a third party (such as a witness) can inform the police of the breach.
  • If the offence is serious or repeated, the police may arrest the respondent to prevent further harm or danger to the victim.
  • If the respondent is found near the victim or in prohibited places, the police can forcibly remove him or her.

Violation of a protection order in Germany is a civil offence, but can have criminal consequences if the violation involves violence or persistent harassment.

The court can impose fines on the defendant for violating the order. The fine can be substantial and depends on the seriousness and frequency of the breach. Courts often impose fines as a first step before more severe penalties such as imprisonment.

If the defendant continues to breach the order despite the fine, or if the breach is serious (such as physical assault or serious harassment), the court may impose a custodial sentence. Imprisonment can be up to one year if the breach involves physical violence, serious threats or stalking. Repeated offences can lead to longer prison sentences.

If the respondent repeatedly breaches the protection order, the victim can apply to the civil court for enforcement measures. These measures may include coercive fines or coercive detention to compel compliance. This process allows the court to use escalating measures to ensure that the protection order is respected.

Assault, threats of violence, stalking, persistent harassment and other criminal acts can result in both civil penalties (fines and imprisonment) and criminal prosecution, which can result in more severe penalties, including longer prison sentences and a criminal record that can affect employment, housing and other aspects of life.

Lawyer for Protection Order in Germany

A family lawyer in Germany can provide invaluable support throughout the process of obtaining a protection order. Our role is to guide, advise, and represent you in court to ensure the protection order is granted and effectively enforced.

At LSI Berlin Law Firm we provide professional legal support to ensure that your application is handled efficiently, increasing the likelihood of obtaining the necessary protection quickly and effectively.

Legal Advice and Case Assessment

Our experienced lawyers will listen to your situation, carefully assess the facts and evaluate the potential legal options available to you under the Protection from Violence Act. We’ll take the time to understand the nature of the threats or violence you’re facing and advise you on whether a protection order is the most effective remedy for your situation.

We will also explain your rights in detail, including the specific protections you can apply for, such as no-contact orders, restraining orders or removing the perpetrator from a shared home. Our aim is to ensure that you are fully informed of your options so that you can make the best possible decisions for your safety and wellbeing.

Our legal team will also outline a strategy to maximise your chances of obtaining the protection you need quickly.

Preparation of Legal Documents

The legal process of obtaining a protection order requires precise and well-documented applications, and our law firm is here to do this for you. We will assist you in drafting a clear and comprehensive application setting out the details of the abuse or threats you have experienced. This will include organising all relevant evidence, such as police reports, medical records, witness statements and any communication that demonstrates the harassment or violence.

Representation in Court Hearings

If your case goes to court, skilled legal representation is crucial to achieving a favourable outcome. Our firm will represent you throughout the court process and advocate on your behalf at hearings. We will prepare you for what to expect, guide you through any necessary witness statements and ensure that your side of the story is presented clearly and persuasively.

In situations where the respondent contests the order, our lawyers will conduct cross-examinations and present strong legal arguments to demonstrate the need for the order.

Securing Temporary Protection

If you are in immediate danger, our firm can take urgent steps to secure a Temporary Protection Order. This will give you immediate legal protection, such as a no contact order or an order to remove the abuser from your home.

Enforcement of the Protection Order

If the respondent breaches any part of the order, we will help you report the breach to the police and take legal action. Violations can result in fines, imprisonment or other legal restrictions, and we will help you navigate this process to ensure your continued protection.

* The information on this website is for illustrative purposes only. It does not constitute legal advice and is not a substitute for personal legal advice from a lawyer. Each case is unique, has special circumstances and should be reviewed in detail by a lawyer who is able to review the specific situation.

Get Immediate Legal Protection

If you’re in danger and need immediate legal protection, our firm is ready to act on your behalf.

Whether it’s domestic violence, stalking or threats, we have the expertise to help you take legal action quickly and effectively. Your safety is our priority and we are here to make sure the law is on your side.

Call us today for immediate legal protection and peace of mind.

Contact us today to get immediate legal protection and peace of mind.

Call the Office (M-F: 9am-6pm)
+49 (0)30 88702382

Contact us via email
[email protected]

Reach out to us now for a confidential discussion about how we can help you get the legal protection you deserve.

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