Best Domestic Violence Lawyers in Cottbus

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HEA - Hammermann Ehlers Albert - Rechtsanwälte in Partnerschaft stands as a distinguished name in the German legal landscape, offering an extensive range of specialized services. With a focus on versatile legal areas including bankruptcy, estate planning, family law, labor relations, real estate,...
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Germany 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
Family
Domestic Violence
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 Cottbus, Germany

Domestic violence in Cottbus, like the rest of Germany, is a serious issue addressed under both criminal and civil laws. It involves the abuse of power and control by one individual over another within a domestic setting, such as a marriage or partnership. The German legal system is committed to protecting victims and holds perpetrators accountable through various legal measures. In Cottbus, local authorities work in conjunction with national laws to provide support and enforce penalties against offenders.

Why You May Need a Lawyer

If you are experiencing domestic violence, a lawyer can be an invaluable asset in navigating the legal system. Circumstances where legal assistance may be required include filing for protection or restraining orders, seeking divorce or child custody in the presence of violence, or pursuing criminal charges against the perpetrator. Legal experts can also assist in advocating for your rights and connecting you with support services necessary for your safety and well-being.

Local Laws Overview

In Cottbus, domestic violence is addressed under the German Criminal Code with specific sections criminalizing acts of physical harm, threats, or coercion. The Protection Against Violence Act (Gewaltschutzgesetz) enables victims to obtain civil protection orders quickly, offering legal provisions to remove the abuser from the home and prohibit contact. Additionally, local social services and police are mandated to take immediate action to protect victims and prevent further harm.

Frequently Asked Questions

What is considered domestic violence in Cottbus?

Domestic violence includes physical abuse, emotional manipulation, sexual violence, financial control, and any behavior intended to harm, intimidate, or dominate a partner or family member.

How can I get a protection order?

To obtain a protection order, you can file a request at the local family court (Familiengericht) in Cottbus. A lawyer can assist you with the necessary documentation and represent you during the proceedings to ensure immediate protection.

What should I do if I am in immediate danger?

If you are in immediate danger, call the police at 110 for emergency assistance. They can remove the aggressor from the premises and connect you with support services.

Can I stay in my home if my partner is abusive?

Yes, the police and the court can issue an order to remove the abusive partner from the home to ensure your safety and that of any children involved.

What legal actions can be taken against the perpetrator?

Legal actions can include filing criminal charges for assault, obtaining protection orders, and pursuing charges under the Penal Code for offenses like threats, stalking, or bodily harm.

Are there any shelters available in Cottbus?

Yes, there are women's shelters in Cottbus that provide temporary housing, support, and counseling for victims of domestic violence. They ensure safety and confidentiality.

What support services are available for children affected by domestic violence?

The Youth Welfare Office (Jugendamt) in Cottbus offers services and interventions to protect and support children affected by domestic violence, including counseling and placement services if needed.

Do I have to file a police report to get help?

While reporting to the police can enhance legal protection and initiate criminal proceedings, victims can access social services, shelters, and legal assistance without filing a report.

Can domestic violence impact custody arrangements?

Yes, domestic violence is a crucial factor considered by courts in child custody cases. The child's safety and well-being are paramount in determining custody arrangements.

Is psychological abuse recognized legally?

Yes, psychological abuse and coercive control are recognized and can be grounds for legal action under the Protection Against Violence Act, emphasizing the pattern of behavior over time.

Additional Resources

Victims of domestic violence in Cottbus can seek help from various local and national resources. These include the "Frauenhaus Cottbus" (women's shelter), counseling centers, and hotlines such as the "Hilfe-Telefon Gewalt gegen Frauen" at 08000 116 016. Legal support can also be accessed through local legal aid services and family lawyers in the area.

Next Steps

If you need legal assistance, consider consulting with a lawyer specializing in family or criminal law to explore your options. You can locate legal professionals in Cottbus via the local Bar Association (Rechtsanwaltskammer). Additionally, contacting a local women's shelter or support service can provide emergency aid, counselling, and guidance on legal processes relevant to your situation. Remember, it is important to prioritize your safety and seek help as soon as possible.

Lawzana helps you find the best lawyers and law firms in Cottbus through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Domestic Violence, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Cottbus, Germany - quickly, securely, and without unnecessary hassle.

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.