Best Domestic Violence Lawyers in Berlin
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Germany Domestic Violence Legal Questions answered by Lawyers
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- Threats to life by Wife
- 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 be reported and filed as a complaint directly with the Prosecutor’s Office if the police did not act.As to urgently getting her out of your rented apartment, a.) you may apply for a Barangay Protection Order (BPO) or a Temporary/Permanent Protection Order (TPO/PPO) under Republic Act 9262 or the Anti-Violence Against Women and Their Children Act, since the law covers not just women but also allows men to seek protection where their safety and security is at risk inside the household, b.) you may initiate a Petition for Protection Order before the Family Court which can order her removal from the residence and restrain her from harassing or threatening you, c.) you may also write a formal demand to your landlord citing security reasons and request that your wife be excluded from the leasehold if you are the principal lessee.It is important that you secure evidence of the threats such as text messages, recordings, or testimonies of neighbors and family members, as these will strengthen your petition. Immediate legal action is the best remedy since inaction by the police does not bar you from going directly to the prosecutor or the court.We at Recososa Law Firm have offices in Luzon, Visayas and Mindanao. We can schedule an initial consultation via Google Meet or Zoom call, or you may visit us physically at our office. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana, or call/text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our Facebook and Google pages below. This will surely inspire us to do more of this here:Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
About Domestic Violence Law in Berlin, Germany
Domestic violence is a serious issue that can cause physical, emotional, and psychological harm. In Berlin, Germany, the law is in place to protect individuals who experience domestic violence within their households. The German legal system recognizes domestic violence as a crime and provides victims with legal remedies and support.
Why You May Need a Lawyer
There are several situations where seeking legal help in domestic violence cases is crucial:
- If you are a victim of domestic violence and need guidance on obtaining a protection order
- If you need assistance in filing a police report against your abuser
- If you want to understand your rights and legal options concerning child custody or financial support
- If you require legal representation during court proceedings
- If you need guidance on accessing support services and resources available to victims of domestic violence
Local Laws Overview
In Berlin, Germany, several laws protect victims of domestic violence:
- The Protection Against Violence Act (Gewaltschutzgesetz) allows individuals to obtain protection orders against their abusers, including measures to ensure safety and prohibit contact.
- The Criminal Code (Strafgesetzbuch) criminalizes domestic violence and provides penalties for offenders.
- The Family and Marriage Law (Familien- und Eherecht) addresses matters such as divorce, child custody, and financial support in cases of domestic violence.
- The Victims' Compensation Act (Opferentschädigungsgesetz) entitles victims to financial compensation and support services.
Frequently Asked Questions
1. What should I do if I am a victim of domestic violence?
If you are a victim of domestic violence, prioritize your safety. Seek immediate medical attention if needed and consider contacting the police. Reach out to local support organizations and consider consulting a lawyer to understand your legal options.
2. How can I obtain a protection order in Berlin?
To obtain a protection order, you can file an application at your local family court (Familiengericht) or consult a lawyer who can guide you through the process. Provide evidence of the domestic violence and explain the reasons for seeking protection.
3. What should I do if my abuser violates a protection order?
If your abuser violates a protection order, contact the police immediately and report the incident. Keep evidence, such as text messages or witnesses, to support your case. Inform your lawyer about the violation as well.
4. Can I terminate the lease on my apartment if it is not safe due to domestic violence?
Yes, you have the right to terminate your lease if your safety is at risk due to domestic violence. Consult a lawyer who can guide you through the necessary steps and provide appropriate documentation to support your case.
5. Are there support services available in Berlin for domestic violence victims?
Yes, Berlin offers various support services for domestic violence victims. Reach out to organizations such as the Berlin Intervention Centre Against Domestic Violence (Interventionsstelle gegen häusliche Gewalt Berlin) or the Women's Emergency Hotline (Frauennotruf) for assistance.
Additional Resources
If you need legal advice or support regarding domestic violence in Berlin, Germany, consider contacting the following resources and organizations:
- Family Courts: Familiengericht
- Lawyer Referral Services: Berlin Bar Association (Rechtsanwaltskammer Berlin)
- Victim Support Organizations: Berlin Intervention Centre Against Domestic Violence (Interventionsstelle gegen häusliche Gewalt Berlin), Women's Emergency Hotline (Frauennotruf)
- Public Prosecutor's Office: Staatsanwaltschaft Berlin
Next Steps
If you require legal assistance in a domestic violence case, consider the following steps:
- Prioritize your safety and the safety of any dependents.
- Document incidents of domestic violence, including dates, times, and any injuries or damages.
- File a police report if necessary.
- Contact local support organizations for immediate assistance.
- Consult with a lawyer experienced in domestic violence cases to understand your legal rights, obtain a protection order, and explore further legal actions.
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.