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Find a Lawyer in AurichGermany Domestic Violence Legal Questions answered by Lawyers
Browse our 1 legal question about Domestic Violence in Germany and the lawyer answers, or ask your own questions for free.
- Threats to life by Wife
- Threats to life by the WifeWife keeps threatening to poison or spill my blood.. Reported a threat to life to the police, and they did absolutely nothing. How do I urgently get her out of our rented apartment?
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Lawyer answer by Recososa Law Firm
Hello:Presuming this is within Philippine jurisdiction, threats to life are taken seriously under the Revised Penal Code, particularly Article 282 on grave threats. If your wife is threatening to poison or kill you, this constitutes a criminal act which can...
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About Domestic Violence Law in Aurich, Germany
This guide explains how domestic violence is handled in Aurich, Germany, and what legal options are available to victims and those accused. Domestic violence includes physical assault, threats, sexual violence, psychological abuse, stalking and economic control between people in close relationships - for example spouses, partners, former partners, family members or people who live together. German law treats many forms of domestic violence as criminal offences under the Criminal Code - Strafgesetzbuch (StGB) - and also provides civil-law protection measures under the Protection Against Violence Act - Gewaltschutzgesetz (GewSchG).
In Aurich, as elsewhere in Germany, immediate safety is handled by the police and emergency services. Longer-term protection and legal remedies are available through local courts, social services and specialised counselling organisations. If you are unfamiliar with German procedures, this guide outlines common steps, rights and resources you can use to get help.
Why You May Need a Lawyer
Domestic violence cases often raise complex criminal, family and civil-law issues. You may need a lawyer if you face any of the following situations:
- You want to obtain a court order under the Protection Against Violence Act to keep an aggressor away from your home or to prohibit contact.
- You plan to file a criminal complaint or want representation as a victim in criminal proceedings - for example as a Nebenkläger in serious violence or sexual offence cases.
- The abuse is tied to separation, divorce, child custody or visitation - legal advice can protect your rights and the safety of your children.
- You need help enforcing a protective order, or the other person violates an existing order.
- You are accused of domestic violence and require a criminal defence lawyer.
- You need advice on housing issues - for example who must leave a shared apartment, how to secure locks or tenancy rights.
- You are a foreign national and worry about your residency status if you leave the relationship - specialised immigration advice may be needed.
- You want to claim compensation for injury, property damage or loss of earnings, or you need assistance accessing victim compensation schemes.
- You require legal aid, a Beratungsschein or Prozesskostenhilfe, to access free or low-cost legal assistance.
Local Laws Overview
Key legal frameworks that matter in Aurich include criminal law, civil protection orders and administrative measures. Important points to understand:
- Criminal offences: Physical violence, sexual violence, stalking and threats are prosecutable under the StGB. Relevant offences include bodily harm, dangerous bodily harm, rape and sexual assault, coercion, threats and stalking. Police take immediate reports and may start criminal investigations. Victims can request investigative steps and have certain procedural rights under the Code of Criminal Procedure - Strafprozessordnung (StPO).
- Protection Against Violence Act - Gewaltschutzgesetz: This civil law allows a victim to ask the local Amtsgericht (local court) for protective measures. The court can order the aggressor to stay away from the victim, to be excluded from the shared home, or to refrain from contacting the victim or approaching certain places. These orders are enforceable by the police and can be renewed or extended by the court.
- Immediate police measures: Local police in Aurich can take urgent protective action if someone is in danger. This can include temporary expulsion from the shared residence and issuing warnings or short-term bans. Such measures are intended to secure immediate safety and are followed up by courts or public prosecutors for longer-term solutions.
- Family law and child protection: If children are involved, family law and the Jugendamt (youth welfare office) may become involved to protect minors. Issues include custody, residence and visitation rights. Family courts prioritise the childs welfare and can issue emergency orders if required.
- Victim rights and support: Victims have rights during criminal proceedings, including to information, protection in court, and access to victim support services. Financial assistance schemes and compensation for victims may be available under German law.
- Legal aid: Low-income persons can apply for Beratungshilfe for out-of-court legal consultation and Prozesskostenhilfe for court costs. A local lawyer or the Amtsgericht can explain eligibility and how to apply.
Frequently Asked Questions
What should I do right now if I am in immediate danger?
Call the police immediately - emergency number 110 in Germany - and state that you are in danger due to domestic violence. If you need medical help, call 112. If you can, go to a safe place such as a neighbours home, a friends place or a Frauenhaus (women's shelter). Preserve evidence if it is safe to do so - take photos, save messages and keep medical records. Contact a local victim support service for immediate counselling and assistance.
Can the police remove a partner from the shared home in Aurich?
Yes. Police can take urgent measures to protect you, which may include removing or temporarily excluding an aggressor from the shared residence and issuing a temporary exclusion or contact ban. Those actions are immediate safety measures; for a longer-term court order you can apply to the local Amtsgericht under the Protection Against Violence Act.
How do I get a protection order and what can it include?
You can apply to the local Amtsgericht for a protection order under the Gewaltschutzgesetz. The court can prohibit the aggressor from contacting you, require them to stay away from your home or workplace, or order them to leave a shared residence. The exact content and duration depend on the circumstances. A lawyer or a victim counselling service can help you with the application and representation.
Do I need a lawyer to file a criminal complaint?
No, you can report a crime directly to the police and the public prosecutor will decide whether to open an investigation. However, a lawyer can advise you on the process, help preserve and present evidence, represent you as a Nebenkläger in serious cases and ensure your rights are protected during the criminal proceedings.
What evidence should I gather to support my case?
Keep medical records and photos of injuries, save threatening messages or emails, record time, date and witness names for each incident, preserve damaged property as evidence and obtain witness statements where possible. Seek medical attention and ask doctors for written documentation. Do not put yourself at risk gathering evidence - your safety comes first.
What if the person who harmed me is a foreign national and I depend on them for my residence permit?
This is a common and serious concern. There are specific legal protections for victims whose residency is tied to a partner. You should seek specialised legal advice from a lawyer experienced in immigration and domestic violence cases, or a specialised counselling service. Authorities and shelters can also provide information on how to secure your legal status independently of the abuser.
Can protective orders cover children and how are custody issues handled?
Yes. Protection orders can include measures to protect children, and the Jugendamt will be involved if their welfare is at risk. Child custody and visitation are separate legal questions handled by family courts; if there is violence, courts can restrict or supervise contact to protect the child. Seek legal advice early when children are involved.
What support exists if I cannot afford a lawyer?
Germany offers legal aid systems - Beratungshilfe for low-cost legal advice outside court and Prozesskostenhilfe to cover court costs and legal fees for litigation when you cannot afford them. You can obtain a Beratungsschein from the local Amtsgericht and you can apply for Prozesskostenhilfe through the court handling your case. Victim support organisations can also help you find pro bono or low-cost legal assistance.
What happens if the protective order is violated?
Violation of a court-ordered protection measure is a criminal offence. If a protective order is breached, contact the police immediately and report the violation. The police can arrest or detain the violator and the public prosecutor can bring criminal charges. Keep records of each violation to support enforcement.
I have been accused of domestic violence - what should I do?
If you are accused, seek legal representation right away and avoid direct contact with the alleged victim. Do not make statements to police without a lawyer present. A defence lawyer will advise you on your rights, the criminal procedure, evidence preservation and how best to respond to accusations while protecting your legal interests.
Additional Resources
When dealing with domestic violence in Aurich, the following types of organisations and authorities can help:
- Local police - for immediate protection and to file a criminal complaint.
- Amtsgericht Aurich - to apply for protective measures under the Protection Against Violence Act and for family law matters.
- Jugendamt Aurich - child protection and family support services.
- Frauenhaus and shelters in Landkreis Aurich - safe temporary accommodation and counselling for those fleeing domestic violence.
- National helpline for women experiencing violence - Hilfetelefon Gewalt gegen Frauen - available 24/7 for confidential support and information.
- Opferhilfe Niedersachsen and Weisser Ring - victim assistance organisations that provide counselling and practical support, including help with compensation applications.
- Local specialised counselling centres - for women, men and children affected by domestic violence, offering legal information, psychosocial counselling and safety planning.
- Immigration advice services - for foreign nationals facing residence or visa issues connected to domestic violence.
Next Steps
If you or someone you know needs legal assistance or safety planning because of domestic violence in Aurich, consider this step-by-step approach:
1 - Ensure immediate safety. If you are in danger, call 110 now. If you need medical help, call 112. Move to a safe location if possible.
2 - Preserve evidence. If safe to do so, take photos, save messages, get medical records and write down details of incidents and witnesses.
3 - Contact local support. Reach out to a Frauenhaus, victim support service or counselling centre for immediate practical help and emotional support.
4 - Consider legal protection. Speak with a lawyer or go to the Amtsgericht to file for a protective order under the Gewaltschutzgesetz. If you cannot afford a lawyer, ask about a Beratungsschein or Prozesskostenhilfe.
5 - File a police report if a criminal offence occurred. The public prosecutor will assess whether to pursue charges. Ask about your rights as a victim in criminal proceedings.
6 - Involve the Jugendamt if children are affected. Their role is to assess safety and coordinate protective measures for minors.
7 - Get specialised legal advice if immigration or housing rights are at stake. Lawyers who specialise in domestic violence, family and immigration law can provide clear options.
8 - Use victim compensation and support programmes. Ask local victim assistance organisations about financial help, counselling and rehabilitation services.
9 - Plan for ongoing safety. Change passwords, secure important documents, consider changes to locks and keep a trusted network informed about your situation.
10 - Follow up. Keep copies of court orders, police reports and medical records. Keep in touch with your lawyer and support services to enforce protections and continue any necessary legal proceedings.
If you are unsure where to start, call the national helpline or your local victim support organisation for guidance on immediate next steps in Aurich. You do not have to navigate this alone - there are legal and practical resources designed to help you safely and effectively.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.