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Domestic violence

Legal basis

With the first Protection Against Violence Act of 1997, three pillars were introduced to protect victims of domestic violence quickly and efficiently:

  • Police barring order: It authorizes the police to impose a barring order against an endangering person and to evict him from the domicile of the endangered person in case of refusal to leave. The underlying principle, "Whoever hits must leave", allows the endangered individual to remain in her/his familiar surroundings.
  • Civil Court Protection Order: If longer-term protection is necessary, the at-risk person has the option to file a petition with the court for a civil court order fort protection against violence.
  • Violence Protection Centers: To provide comprehensive support for at-risk individuals, a Violence Protection Centers have been established in every federal state.

Since then, numerous legal improvements have been made. As of January 1, 2020, the police barring order was supplemented by an additional protective measure:

  • Mobile protection order: In addition to the barring order, the perpetrator is also prohibited from approaching the victim within 100 meters. This “police barring and mobile protection” (German: Betretungs- und Annäherungsverbot) thus protects the victim wherever they may be.

In September 2021, a fourth pillar of protection against violence was introduced:

  • Counselling Center for Violence Prevention: Any person subject to police barring and mobile protection order is required to actively participate in a six-hour violence prevention counseling session.

Police Barring and Mobile Protection Order

Barring and eviction order regulations are laid down in section 38a of the Security Police Act (SPG).

§ 38a SPG empowers the police to prohibit a person, from whom violence or further violence is threatened, from entering a residence and the surrounding 100-meter area (prohibition of entry). The order also includes a prohibition of approaching the endangered person within 100 meters (prohibition of approach).

An order may be issued if, based on specific facts (such as a previous dangerous attack) it is assumed that the person is likely to commit a dangerous attack on life, limb or freedom, especially within the residence of the endangered person. Intent is not required, i.e. persons lacking criminal responsibility or being below the age of criminal liability may also be held responsible.

Security authorities must conduct a comprehensive risk assessment, taking all circumstances into account.

Prior cohabitation or a familial/other relationship between the parties is not required.

The endangered person is informed about suitable victim protection facilities and the possibility of applying for a civil court protection order. Furthermore, the police immediately notify the local Violence Protection Center of the case, which pro-actively reaches out the the endangered person.

Naturally, persons affected by domestic violence or stalking can also directly contact a Violence Protection Centre/Intervention Centre, i.e. without prior police intervention.

Perpetrators are obliged to contact a Counselling Center for Violence Prevention within five days and to begin a total of six hours of counselling within 14 days after initial contact. The purpose of counselling is to use the “window of opportunity” for clarification of norms, rapid intervention, de-escalation and prevention.

To protect minors, the local Child and Youth Welfare Agency must be notified.

Civil Court Protection Order

If the endangered person needs prolonged protection against the endangering person, she can apply for a civil court protection order. The relevant regulations are laid down in section 382b ff of the Enforcement Code (EO).

Currently, there are three forms of civil protection orders (protection against domestic violence, general protection against violence, and protection against invasion of privacy/stalking). The orders may be applied individually or in combination to ensure comprehensive protection of the endangered person.

Since July 2022, courts have been able to order the perpetrator to contact a Counselling Center for Violence Prevention within 5 days of issuing the civil protection order and to (actively) participate in counselling for the first time within 14 days of making contact, unless they have already attended counselling under § 38a SPG (police barring and mobile protection order). Violence prevention counselling only applies to civil protection orders for protection against domestic violence and for general protection against violence (§ 382b EO, § 382c EO).

Protection against Domestic Violence (§ 382b EO)

Purpose: to protect a person from violence or threats of violence within their place of residence

The court may order a person to leave the victim’s primary living space and its immediate surroundings or prohibit their return if the dwelling serves to satisfy the urgent housing needs of the applicant.

May be granted if the endangered person has been physically attacked or threatened with such an attack or is exposed to behavior that significantly impairs their mental health, so that further cohabitation is inacceptable.

No balancing of interests is required (unlike the other forms of civil protection orders).

The court order may be issued for up to six months. This period can be extended until the conclusion of related proceedings (e.g. for divorce).

It can be applied for during or independently of a police barring and mobile protection order.

The endangered person may be represented by a victim protection organization.

General Protection against Violence (§ 382c EO)

Purpose: to generally protect a person from violence or threats of violence

The court may prohibit residence in certain places (residence ban), order the person to avoid meeting and contacting the applicant (ban on contact and encounters) and prohibit approaching the applicant or certain designated places within a defined distance (mobile protection order).

Grounds for issuance include physical attacks, threats thereof, or conduct that seriously impairs the endangered person’s mental health. Cohabitation of the parties is not required.

Balancing of interests is mandatory: If the court order would disproportionately affect the respondent’s interests (e.g. professional activity, contact with children, etc.), it must not be issued due to the massive interference with fundamental rights.

The civil protection order may be issued for up to one year and extended in the case of a violation of the order, or until the conclusion of related proceedings.

Protection against Invasion of Privacy/Stalking (§ 382d EO)

Purpose: to protect a person from unwanted contact in the sense of systematic harassment (stalking)

The court may issue various orders such as a ban on contact and following, prohibition of residence in certain places, prohibition of the disclosure and dissemination of personal data, prohibition of ordering goods/services from a third party using personal data of the person at risk, etc.

The order may be issued for up to one year and is extendable until the conclusion of related proceedings or in the case of a violation.

Fore more information please see: