If you are experiencing domestic violence and are thinking about changing your situation, you may be confronted with many legal issues. Here you will find lots of information about your rights and options, e.g. in criminal proceedings, custody and access rights for children, protection and support or financial assistance.
Since 2015, the European Union's Victims' Rights Directive 2012/29/EU has extended the rights, support and protection of victims of domestic violence in criminal proceedings.
The following information is certainly not exhaustive and it often depends on the details. It can therefore be helpful to seek advice before deciding on the next steps. The nationwide help hotline (Tel. 116 016) can advise you on all questions relating to domestic violence, and many advice centres offer free legal advice. Of course, you can also contact a lawyer (for a fee, enquire about the consultation fee in advance).
In principle, all victims have the right to contact the police, lawyers, counselling centres, shelters, youth welfare service, health care, and other support organisations.
If you have applied for asylum, you may have to comply with your residence obligation. This means that women affected by violence, for example, who flee from their abusers and go to a place (e.g. a women's shelter) where they are not allowed to go due to the existing residence obligation, must obtain permission in advance. Otherwise you will be committing an administrative offence. In the case of women affected by violence, however, such an offence, which is caused by fleeing from the perpetrator, is considered justified and has no direct negative impact on the asylum procedure.
A residence requirement (after completion of the asylum procedure in the case of possession of humanitarian titles or the granting of international protection) can also be cancelled upon application in order to avoid hardship. According to the legislator, such hardship exists in the case of violence against women. It is also important that persons do not breach of the residence obligation of Section 12a AufenthG and therefore do not commit an administrative offence if they find themselves in such a violent situation temporarily (6 weeks) outside the municipality or even the German state to which they have been assigned. The application for relocation can be made up to 6 weeks after fleeing to a women's shelter.
If you have a residence obligation or residence requirement, please seek advice.
Data protection: Whatever you do, make sure that your new address is protected. You have the right to data protection.
If you are in danger, please call the police. Survivors and perpetrators will be questioned separately by the police. The questioning is done by same-sex police officers. You have the right to language mediation.
The police investigate and document what happened, secure evidence and, if necessary, arrange for medical documentation of physical injuries and forensic evidence after rape, but you can also organise this yourself
Complaint: The police file a complaint. You have the right to a written confirmation of the report (information about the crime scene, time of the crime and reported offence) and language mediation.
Criminal offences such as grievous or dangerous bodily harm, coercion, rape, stalking or deprivation of liberty are prosecuted ex officio as official offences. In the case of other offences such as simple assault, insult, sexual harassment with physical contact, a criminal complaint must be filed.
Risk assessment: The police must enquire about the victim's need for protection, assess the risk of further assaults, and make a safety plan. If there is a high risk of further offences, case conferences can be convened later with all the professionals involved and those affected.
The police can initiate acute protective measures:
- Removal: The police can also remove the violent person from the home or another area, confiscate the key, and issue a ban on entering the home for a maximum of two weeks. Survivors can use this time to seek advice on how to proceed if necessary.
- No-contact or no-proximity order: The police can also issue a no-contact or no-proximity order for several days or temporarily detain the perpetrator if the acute danger cannot be averted in any other way. The police will inform you of the release if you leave a telephone number.
- There is also the possibility of removing perpetrators of violence from shared accommodation and from their own homes during the asylum procedure. The police can expel them from the refugee accommodation and the accommodation centres can ban the perpetrators from the premises.
- In addition, the police can conduct a threat assessment.
Securing your digital devices: The police can advise you on how to secure your digital devices.
Pro-active programme: With your consent, the police will inform a counselling centre and you will receive a call back with an offer of advice that you can accept or decline (proactive programme).
If there are children in the household, the police will inform the youth welfare office.
The police provides information about:
- measures to protect against violence (Protection against Violence Act), counselling centres, and shelters and accompany someone to a shelter if necessary.
- your rights in criminal proceedings: Interrogation as a witness, accessory prosecution, legal aid, lawyer, compensation or damages for pain and suffering.
- the possibility of victim-offender mediation and psychosocial court support.
- protection of personal data, e.g. new address.
As a victim of domestic violence, you can also apply to the family court for civil protection orders under the Protection against Violence Act (legal application centre). These include:
- Prohibition of contact and proximity
- The transfer of a shared flat
It is helpful to seek advice from a counselling centre or hotline beforehand. Protective measures (e.g. prohibition of approach and contact) and the right of access between the perpetrator and children can lead to conflicts and danger.
If you separate from an abusive partner, move to another flat or to a women's refuge and fear further threats and violence, you can apply to the Citizens' Registration Office for an information block for the new address.
After a criminal complaint, the police or public prosecutor's office will issue a summons with an appointment for a witness hearing. The summons must include information about your rights as a victim witness. Victims have the right to bring a trusted person or lawyer with them.
- Right to refuse to testify: This means that you can decide not to testify at any time. You have this right if you are related, engaged, married, related by marriage or in a registered civil partnership with the offender.
- Accessory prosecution: Victims of domestic violence have the option of filing an accessory prosecution. If you are admitted as a joint plaintiff, you are allowed to be present at the trial, ask questions and make statements, submit a motion for evidence, inspect files, etc.
- Protection: The entire criminal proceedings, interviews and investigations must take into account the protection of victim-witnesses. The court will check whether you, as a victim-witness, can give evidence in court without the accused or the public being present for reasons of protection. A secure witness room is also one of the protective measures. As a victim-witness, you have the right to protection of your personal data. Feel free to ask the judge not to read out your new address. You do not have to give your real address to the court, only a postal address.
- Information: Victims must be informed about the right to language mediation, the possibility of victim-offender mediation, and help and support centres. Victims can request to be informed about the outcome of the proceedings or the release of the suspect from custody.
You have a legal right to free psychosocial assistance if you have been the victim of a serious violent or sexual offence, are unable to adequately protect your own interests, have a special need for protection, and are a minor. You will then be accompanied to hearings and during the main hearing. However, adult victims of serious violent or sexual offences can also receive such support.
It is free of charge for victims if it has been approved by the court. In all other cases, you can take advantage of psychosocial assistance at your own expense. Do not hesitate to ask the police or a victim support centre (victim hotline 116 006).
Upon application to the court, minors and adult victims of serious criminal offences can be granted psychosocial support.
Victims who have suffered serious forms of violence or serious consequences have the right to a lawyer free of charge. However, victims with a lack of financial resources can also receive legal aid from the state if they are unable to defend their interests in court in any other way and if the proceedings against the perpetrator have a chance of success.
YIf you have experienced domestic or sexual violence and this violence has caused damage to your health with health or economic consequences, you can apply for social compensation benefits (e.g. rapid acute help in trauma centres, medical treatment costs, psychotherapy)
Pursuant to Section 41 (1) SGB XIV, those affected receive medical treatment benefits treatment - regardless of whether they are a member of a statutory or private health insurance scheme or have any insurance cover at all.
For most benefits, an application must be submitted to the pension authorities of the German states.
The authorities are then generally obliged to reclaim the benefits paid from the perpetrator. As a result, the perpetrator becomes aware of your application and your new address. You will not be reimbursed if this would be disadvantageous for you, for example if you would have to reckon with further acts of violence by the perpetrator. Please ensure that your place of residence/address does not become known with the application.
Children have a right to a non-violent upbringing. This also means that no child should witness domestic violence between their parents. Children can make a report to the police themselves.
- Youth Welfare Office: According to the Federal Child Protection Act, children have their own right to counselling in emergency and crisis situations - without the parents' knowledge. If you are separating and moving out or fleeing with your child/children, we recommend contacting the relevant youth welfare office.
- Custody: In order to protect the child/children, you can apply to the responsible family court for temporary rights of residence or full parental custody. This is not easy to enforce.
- The family court may also be obliged to intervene to protect the children if their welfare is at risk. For example, in accordance with Sections 1666 and 1666a of the German Civil Code (BGB), the court can prohibit the perpetrator from using the home, impose a contact ban, withdraw the right to determine the child's place of residence, etc. The family court must carry out investigations ex officio.
- Right of access: Regardless of the decisions on custody, there is a right of access. If there is a further threat to you and the child/children or the risk of further abuse and it must be assumed that the child's welfare is at risk, you can apply to the family court for a temporary or indefinite suspension or exclusion of contact rights. The court often decides in favour of supervised contact, which you can also apply for yourself.
- Hearing: In child custody cases, the children are also heard.
- Guardian ad litem: To enable children to represent their interests in court, the family court can appoint a guardian ad litem for the child.
If you have no or insufficient income of your own and do not know how you will live after the separation or flight, you can apply to the job centre for citizen's allowance and claim maintenance for separated (married) persons and child maintenance (possibly with the help of a lawyer). Until the decision or payment is made, you can claim citizen’s benefits from the job centre or, if you are unable to work, from the social welfare office. If child maintenance is not paid, you can apply to the Youth Welfare Office for child support advance payments for children under the age of 12.
Always make sure that your new address is protected.
If you have come to Germany as a migrant for family reunification, you must generally live together with your spouse or registered partner in Germany for three years before you are granted independent residence. Exceptions are possible. This is the case if there is particular hardship. This includes experiencing domestic violence. If you give the immigration authority domestic violence as a reason for independent residence, you must prove the offence(s) or make them credible. A detailed written description of the incidents, medical documentation of your injuries, police reports/complaints or statements from friends, acquaintances or counselling centres about your ex-partner's violence are helpful. If you have residence problems, be sure to seek advice from a counselling centre or a lawyer.
Help Info for those affected by crime
Information leaflet for victims of a criminal offence (different languages)
Psychosocial support services in court proceedings
Opferfibel – Victim’s Guide (English version at the bottom of the page)
F.A.Q. Häufig gestellte Fragen an der Schnittstelle Gewaltschutz und Flucht