Anyone who has been the victim of domestic violence or stalking can make use of protective measures under civil law. Victims can apply to the court for protection orders such as a ban on contact and proximity or the allocation of accommodation.
Protection orders are intended to increase the safety of a person who feels threatened or harassed.
The court can order measures against the violent person for the protection of the victim. Possible protection measures may include prohibitions such as the following:
The violent person is prohibited from
- coming within a certain proximity of the victim’s dwelling determined by the court,
- visiting places that are frequented by the victim (including the victim’s workplace, the kindergarten or school of the victim’s children, but also leisure facilities used by the victim),
- making contact with the aggrieved person (this applies to means of contact of every kind including the telephone, telefax, letter or email),
- meeting the victim (if this should happen, the violent person is required to leave without delay).
This is not a definitive list. Depending on the individual case, applications may be made for other protection measures and other protection orders may be issued. Protection orders should be sufficiently wide-reaching to cover the diverse dangerous and threatening situations of the victims in each case. That means that the various places and facilities outside the home frequented by the victim are to be included in the order to refrain from contact and approach. As a rule, the measures are to be time-limited; the period may be extended upon application, however.
The core element of the Act on Protection against Violence is the provision on the allocation of the home. If the violent person and the victim maintain a household jointly that is intended to be permanent in nature, the aggrieved person may have sole use of the dwelling, at least for a certain time, even if he or she does not have a tenancy agreement. If the violent person has physically assaulted the victim or impaired his or her health or has encroached upon his or her freedom, this right exists without any other conditions being fulfilled. If only threats of such assault have been made, however, it has to be demonstrated that relinquishment of the dwelling is necessary. This is to avoid undue hardship. The sole use of the home can only be a permanent solution, however, if the victim has sole rights to the home – for example because it is his/her sole property or on the basis of a tenancy agreement in which only the victim is named as the lessee.
Applying for and implementing protection orders or the allocation of accommodation can raise many questions. It is important that all arguments, facts and collected evidence are presented when filing the application. You cannot add anything later. The protection orders may also have an impact on your right of access or your residence status, if you do not yet have spouse-independent residence, for example.
It is therefore highly recommended that you seek advice from the helpline, a counselling centre or a lawyer before filing an application.
A court can only issue orders under the Protection against Violence Act at the request of the person concerned. The application itself can be made in writing by an authorised lawyer, or it can be submitted in person to the court's legal application office.
The family court, a special department of the local court, is always responsible for dealing with such cases.
Proceedings begin with the lodging of an application by the aggrieved person. He or she has the choice of lodging the application with the court in the district where
- the offence was committed,
- the joint dwelling of those involved in the proceedings is located or
- the defendant has his/her usual place of residence.
There is no legal obligation to be represented by a lawyer.
Various costs are incurred in violence protection proceedings (e.g. court costs, fees, lawyers' fees). Legal aid can be applied for. However, you may have to pay the opposing party's lawyer fees if you are unsuccessful in the court proceedings. Please enquire about the costs.
When court orders are violated, the aggrieved person is protected as follows:
Relinquishment of a dwelling pronounced in the form of a temporary injunction can be carried out a number of times during the in-junction’s period of validity. Thus, “repeated” clearance is possible if the violent person returns to the dwelling.
In the case of a protection order violation, the victim can instruct the court enforcement officer directly to enforce the protection measures ordered, even in the face of resistance from the perpetrator, possibly with the assistance of the police.
Within the context of enforcement, a fine may also be imposed, or the perpetrator may be arrested for contempt of court.
Violations of court protection orders are also liable to prosecution and may be punished by a fine or imprisonment of up to one year.
If violation of a court protection order is imminent or has already taken place, the police may be called as they are required to intervene to prevent crimes.
Practice shows that enforcing protection measures is not easy. If the perpetrator continually ignores the protection orders, it is important to think about what other protection options could help you. Do not hesitate to seek advice from the helpline or a counselling centre.
The moments when the perpetrator receives the information about the court protection measures can be very dangerous for a victim. The risk of serious violence is high at these times, and it is important that you take particular care to protect yourself.
„Greater Protection in Cases of Domestic Violence - Information on the Act on Protection Against Violence“ in different languages