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Germany Domestic Violence Legal Questions answered by Lawyers

Browse our 1 legal question about Domestic Violence in Germany and read the lawyer answers, or ask your own questions for free.

Threats to life by Wife
Family Domestic Violence
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?
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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1. About Domestic Violence Law in Bremen, Germany

Domestic violence in Bremen is addressed by a combination of federal and state level provisions. The core civil protection framework is the Gewaltschutzgesetz (GewSchG), which enables courts to issue protective orders to prevent further harm. These orders can restrict contact, require the abuser to stay away from the victim, and secure safe housing for the victim and any children involved.

Criminal remedies are provided under the German Criminal Code (Strafgesetzbuch, StGB), including provisions on bodily harm and threats. Victims may pursue criminal charges in parallel with civil protection orders, depending on the circumstances. In Bremen, the police and the public prosecutor work with the judiciary to coordinate safety measures and legal responses.

Local enforcement in Bremen also involves police powers under the Bremisches Polizeigesetz (BremPBG), which governs emergency protective measures and police intervention in violence cases. This can include immediate removal of the offender from the home and temporary restrictions to protect the victim.

Key sources for these relationships include the Gewaltschutzgesetz and state police powers. For the text of the federal law, see https://www.gesetze-im-internet.de/gewschg/
For information on how police and courts coordinate protective measures, see https://www.justizportal.de/DE/Themen/Gewaltschutz/gewaltschutz.html

2. Why You May Need a Lawyer

In Bremen, concrete scenarios often require legal counsel to navigate protective orders, criminal charges, and child custody concerns. Below are real-world contexts where a lawyer can help.

  • A parent faces repeated threats from a partner and fears for their child’s safety. You may need a lawyer to obtain a protective order and to address custody or visitation arrangements in Bremen.
  • You have been assaulted and want an urgent police response followed by a civil restraint order. A Rechtsanwalt can help file the GewSchG application and coordinate with the family court.
  • You receive threatening calls and stalking from the other parent after separation. A lawyer can seek a no-contact order and help with secure housing if you must relocate.
  • You and your partner share a residence but live apart due to violence. A lawyer can help you obtain a Wohnungsverbot and schedule temporary arrangements for children and belongings.
  • You are a non-German speaker and require translations for court proceedings. A solicitor can arrange interpreters and explain procedural steps in plain language.
  • You face criminal charges connected to domestic violence. A lawyer with expertise in Strafrecht and Familienrecht can defend your rights while seeking protective measures for the victim.

3. Local Laws Overview

The following laws govern domestic violence in Bremen and provide mechanisms for protection, criminal accountability, and police intervention.

  • Gewaltschutzgesetz (GewSchG) - Federal law that allows civil protection orders in family violence cases. It covers restraining orders, no-contact directives, and safe housing provisions. Applicable nationwide, including Bremen, with family court enforcement.
  • StGB - Strafgesetzbuch, Sections on Bodily Harm and Threats - Federal criminal law used to prosecute violent acts and threats in domestic settings. Sections such as 223 and related provisions form the criminal basis for penalties.
  • Bremisches Polizeigesetz (BremPBG) - Bremen state police and public order law that authorizes police interventions in violence incidents. It includes emergency protective measures such as temporary removals and house restrictions to safeguard victims.

Notes on dates and changes: GewSchG entered into force in 2002 and remains the baseline for protective orders in Germany. Police powers in Bremen are implemented through BremPBG texts that have been amended over time; the official text is available through Bremen’s legal portals and the federal law site. For current language and exact procedures, consult the official sources below.

Official texts and explanations: Gewaltschutzgesetz - https://www.gesetze-im-internet.de/gewschg/
Guidance on protective orders and court proceedings: https://www.justizportal.de/DE/Themen/Gewaltschutz/gewaltschutz.html

4. Frequently Asked Questions

What is a Gewaltschutzverfügung and how do I get one?

A Gewaltschutzverfügung is a protective order issued under GewSchG. You apply through the family court for an interim order and later for a permanent protection order. A lawyer can help prepare evidence and present your case.

How do I file for protective orders in Bremen?

You typically file through the local family court or via a lawyer who handles GewSchG applications. The process often involves a risk assessment and security measures for the victim and any children.

Can I get emergency protection from the police in Bremen?

Yes. The BremPBG allows police to take immediate protective actions, such as removing the offender from the home for a limited period. A lawyer can help extend protections through the courts.

How much does a domestic violence lawyer cost in Bremen?

Costs vary by case and region. Typical options include statutory fees for initial advice, and possible legal aid or litigation assistance for low-income clients. Ask for a fee schedule during the first consultation.

Do I need a lawyer for a Gewaltschutzverfahren?

While you can apply without a lawyer, a lawyer improves presentation of evidence, helps with deadlines, and coordinates with police and courts for faster protection.

How long does a protection order process take in Bremen?

Timeframes vary by court workload and case complexity. Urgent protective orders can be issued quickly, with a full hearing typically within weeks, depending on local court schedules.

What is the difference between a protective order and a court order?

A protective order (GewSchG) is a civil remedy issued by a family court to prevent violence or contact. A court order may involve criminal proceedings or other civil arrangements, such as custody or housing.

Can DV cases be filed if there is no police report?

Yes. A victim can seek civil protection through GewSchG without a prior police report, though police documentation can strengthen the case.

Should I contact the police immediately after a DV incident?

If you are in immediate danger, call the emergency number. Police can document the incident, provide immediate protection, and guide you to legal options.

Do I need a translator for court in Bremen?

If you do not speak German well, you can request an interpreter. Courts arrange interpreters, and a lawyer can help coordinate this service.

Is there free legal aid or funding for DV cases in Bremen?

Depends on income and the case type. You may qualify for Beratungshilfe (advice aid) or Prozesskostenhilfe (court costs aid). A lawyer can assess eligibility.

Can I modify or extend a protective order?

Yes. You can request modifications or an extension if circumstances change, via the family court with the help of your attorney.

5. Additional Resources

Access to authoritative sources and services can help you understand protections and options in Bremen.

  • Gewaltschutzgesetz - Federal law text - Official legal text for protective orders and related procedures. Link: https://www.gesetze-im-internet.de/gewschg/
  • Justizportal - Gewaltschutz information - Guidance on how protective orders work and how to proceed in court. Link: https://www.justizportal.de/DE/Themen/Gewaltschutz/gewaltschutz.html
  • Destatis - Official statistics and information on violence in Germany - Provides national and regional data that may inform risk and policy discussions. Link: https://www.destatis.de/DE/Home.html

6. Next Steps

  1. Ensure immediate safety and create a basic safety plan. If in danger, call the police or a local emergency number without delay.
  2. Record all incidents with dates, times, locations, and witnesses. Save messages, call logs, and medical reports for your case.
  3. Identify a local Rechtsanwalt or Fachanwalt for Familienrecht or Strafrecht with DV experience in Bremen. Use the Bremen Rechtsanwaltskammer directory if available.
  4. Schedule an initial consultation to discuss protective orders, evidence, and possible criminal charges. Ask about fees, interpreter needs, and next steps.
  5. Gather essential documents for your lawyer: police reports, medical records, photos, witness statements, and any protective order drafts.
  6. Ask about protective orders and housing options. Your lawyer can file GewSchG applications and coordinate with the judge and police.
  7. Plan for ongoing support with counseling services, shelters, or victim assistance programs in Bremen. Your attorney can provide referrals to trusted resources.

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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.

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