Domestic Violence Cases in Germany

The term “domestic violence” in Germany includes all forms of physical, sexual and psychological violence within a domestic family or partnership, but also within the family without living together and between former partners who do not (or no longer) live together. The offence in question in Germany does not have to take place in the same place of residence. Instead, it concerns the interpersonal relationship between the perpetrator and the person affected.

Whether a child, the father, the mother, or the (ex-)partner becomes the victim – all these constellations are categorised as “domestic violence”. Since psychological assaults are also included, acts such as stalking, threats, insults, coercion, deprivation of liberty, telephone terror (see Section 1 (1) sentence 3 no. 4 of the German Act on Civil Law Protection against Acts of Violence and Stalking, GewSchG) and much more are also considered domestic violence. Psychological violence fundamentally includes emotional, verbal, economic and controlling behaviour.

Digitalisation is also shifting forms of domestic violence – for example, stalking via the internet is becoming increasingly common. These forms of behaviour are also considered to be domestic violence without restriction and can, therefore, be tackled in a preventative and repressive manner.

The extent of domestic violence in Germany is made particularly clear by the German Federal Criminal Police Office’s (BKA) ratio of victims of domestic violence to all victims recorded in the police crime statistics (PKS) in Germany: 25.4%, or just over a quarter, of all victims recorded in the PKS are victims of domestic violence. The number of victims of domestic violence is constantly increasing. In 2023, over 250,000 cases of domestic violence were recorded in Germany. 6.5% more than in the previous year. Despite the enormous number of documented cases, many offences are not reported due to fear, shame, or attachment to the perpetrator.

Our team of lawyers is at your side in all phases of the criminal proceedings, from considering whether to file criminal charges, to filing the criminal charges themselves, to representing you as a co-plaintiff in the main proceedings.

The German Protection against Violence Act (Sections 1-4 GewSchG), which came into force on 1 January 2002, is a civil law measure to protect against violence and stalking. As a preventative measure, an act of threatened violence is sufficient to initiate proceedings for protection against violence (Section 1 (2) no. 1 GewSchG). There is also a significant difference to criminal liability here. In the context of protection against violence, the offending person does not have to be criminally responsible. This means that protective measures are also taken if the offending person has acted due to drugs, illness or other circumstances that impair mental capacity.

Once the application has been made, the competent court can make various orders. The defendant can be prohibited from the following acts (Section 1 (1) sentence 3 nos. 1 to 5 GewSchG):

• Entering the applicant’s home,
• staying within a certain radius of the applicant’s home,
• going to a place where the applicant is regularly present (e.g. the workplace),
• contacting the applicant (in person, in writing, by telephone, through third parties, etc.).

If the criteria of Section 1 of the GewSchG are present, it is also possible to apply under Section 2 of the GewSchG for the transfer of the shared home for sole use.

The court decides which measures are ultimately taken based on the individual case. In Germany, the family court is responsible for this (Section 111 no. 6 of the German Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction, FamFG). If the respondent violates the measures ordered, they may be sentenced to up to two years in prison by Section 4 GewSchG. A conviction for the previous domestic violence will be imposed regardless of this sentence.

Our lawyers will support you before and after filing the application and throughout the proceedings.

An interim injunction is intended to protect your rights and interests as quickly as possible. It provisionally regulates that the measures sought apply until they are finally confirmed in the main proceedings.

According to Section 51 (1) sentence 2 FamFG, the applicant must substantiate the application and the requirements for the order. To initiate proceedings, the facts of the case, i.e. the violent behaviour, must be affirmed in lieu of an oath. This can be done at the family court itself or with a lawyer. You should also submit all relevant documents to substantiate the substantiation. This may include previous police reports or medical certificates documenting the applicant’s injuries. Witnesses can also be named as a precaution. The court decision is made in summary proceedings as soon as the application has been submitted. Due to the urgency of the matter, an application deadline of two weeks from the incident applies.

Establishing “prima facie” evidence means the applicant does not need to provide evidence (Section 51 (1) sentence 2 FamFG). It is sufficient to prove the overwhelming probability. This can be done in various ways. In most cases, the submission of an affidavit is used. This can be supported by submitting medical certificates, police reports or witness statements from third parties. A “prima facie” case can be refuted through a “counter-prima facie case,” i.e. substantiated objections are raised and made credible.

The court can make use of various means of evidence. In proceedings for the protection against violence, the usual means of evidence under German Civil Procedure Law (ZPO) are also appropriate, Section 31 (1) FamFG.

Possible means of evidence would therefore be:

• An affidavit in lieu of oath,
• expert opinion,
• judicial inspection,
• (present) witnesses,
• documents (e.g. medical certificate).

According to Section 49 (1) FamFG, the court can “take a provisional measure by means of an interim order insofar as this is justified under the legal relationship provisions and there is an urgent need for immediate action”. According to Section 214 (1) sentence 2 FamFG, there is an urgent need for immediate action if an offence under Section 1 GewSchG has already been committed or is likely to be committed. The court will then decide within a few days.

Due to the urgent need for action in summary proceedings, the defendant does not have to be heard, and there is no oral hearing. However, the defendant can request this after the order has been issued, meaning the court must decide on the application again after the hearing. The oral hearing allows the defendant to describe the facts of the case from their point of view.

There is no right of appeal against the order for protection against violence. The defendant only has the possibility to file an application for an oral hearing. The court will then set a closed hearing. No witnesses are called to this hearing. Only persons appearing at the hearing will be heard (witnesses present). It is, therefore, advisable to ask witnesses to appear in person.

At the hearing, the parties involved talk about the incident. The defendant, in particular, has the opportunity to describe the facts of the case from their point of view. The hearing usually ends with a settlement. The parties involved agree, for example, on a mutual ban on contact. If no settlement is reached, the court will decide by order.

The duration of the interim injunction in Germany is generally limited to 6 months. However, in the event of further offences, an extension can be applied for by Section 1 (1) sentence 2 GewSchG.

Since 2015, cross-border and EU-wide protection has been possible. This requires the court responsible for the case to fill out a form, which then recognises the protection against violence. This enables effective criminal prosecution and civil action, particularly in border regions. For the victims in particular, this is an important addition to the nationwide protection against violence.

The regulations on the European protection against violence procedure refer in particular to the jurisdiction of the national courts. Furthermore, a violation of the order is also classified as a criminal offence punishable by imprisonment of up to one year or a fine, Section 24 EUGewSchVG.