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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
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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About Domestic Violence Law in Goslar, Germany

Domestic violence in Goslar is addressed through a combination of criminal law, civil protection rules and local support services. Criminal acts - such as bodily harm, threats, stalking and sexual offences - are prosecuted under the German Criminal Code. Civil protections are available under the Protection Against Violence Act - Gewaltschutzgesetz - which lets victims seek court orders that prohibit contact, remove an aggressor from a shared home and protect children. Emergency interventions by the police and local social services are available locally in Goslar to secure immediate safety. The legal system balances criminal prosecution, protective civil orders and social support to help victims regain safety and stability.

Why You May Need a Lawyer

A lawyer can provide practical and legal help when dealing with domestic violence. Common situations where legal assistance is useful include when you want to file criminal charges, seek a civil protection order, raise custody or visitation issues, claim damages for injuries, apply for legal aid, or participate in criminal proceedings as a victim or Nebenkläger - a co-plaintiff. Lawyers experienced in family and criminal law can explain options, prepare applications for the Amtsgericht, represent you in court, negotiate with authorities and help coordinate contact with counselling services and the Jugendamt when children are involved.

Local Laws Overview

Key legal elements that apply in Goslar mirror national German law and include the following.

Criminal law - Physical violence, threats, stalking and sexual offences are prosecutable under the Strafgesetzbuch. Victims can file a criminal complaint with the police or the public prosecutor. In many cases the public prosecutor pursues charges even without a private complaint, especially in serious offences.

Protection Against Violence Act - Gewaltschutzgesetz - provides civil remedies. A court can issue orders that prohibit the perpetrator from approaching, contacting or entering certain premises. The court can also order the perpetrator to leave the shared home on a temporary basis and bar them from returning for a defined period.

Police powers and immediate measures - The police in Goslar can take immediate action if there is a clear and present danger. This can include an instant expulsion from the shared apartment - often called Wohnungsverweis or Wegweisung - and temporary measures to secure the victim and children. The police will typically take statements and may arrange immediate social support.

Victim participation in criminal process - Victims can report offences and may act as witnesses. In serious offences, particularly sexual crimes and certain violent crimes, victims can apply to become Nebenkläger and may be entitled to legal counsel paid by the state for representation in criminal proceedings.

Civil claims - Victims can pursue compensation claims for pain and suffering - Schmerzensgeld - and other damages through civil courts. Family law remedies - including emergency custody adjustments and restraining elements linked to child welfare - are handled by family courts and the Jugendamt.

Social and administrative support - Jugendamt handles child protection concerns and can take measures to protect children. Local shelters, counselling services and victim-support organisations provide safety planning and practical assistance. Legal aid systems - Beratungshilfe and Prozesskostenhilfe - can cover legal advice and court costs for people with limited means.

Frequently Asked Questions

What counts as domestic violence under German law?

Domestic violence includes physical violence, repeated threats, stalking, sexual assault, psychological abuse and coercive control when those actions occur within family or intimate relationships. Criminal offences are prosecuted under the Criminal Code, and repeated patterns of abuse can lead to both criminal charges and civil protection orders.

What should I do immediately if I am in danger?

If you are in immediate danger call the police by dialing 110. If possible, find a safe place away from the aggressor - a neighbour, family member or a shelter. Preserve evidence by taking photos, saving messages and medical reports. Ask the police for a written record of your report and for information about emergency protective measures and local support services.

Can the police remove the perpetrator from my home?

Yes. If there is an imminent threat the police may expel the perpetrator from the shared residence for a temporary period and take steps to protect you and any children. The police report will also document the situation and can prompt further measures by the courts or prosecutor.

How do I obtain a protection order?

You can apply for a protection order at the local Amtsgericht under the Gewaltschutzgesetz. The order can prohibit contact, require the perpetrator to leave the home and set distance limits. A lawyer can prepare and submit the application. In urgent situations the police can arrange interim protection and point you to the court for a formal order.

Will the abuser be prosecuted automatically?

Prosecution depends on the facts and the public prosecutor's assessment. For many violent offences the prosecutor will pursue charges even if the victim is reluctant, especially when serious injury or repeated violence is involved. Filing a police complaint is the usual start of criminal proceedings.

Can I get a lawyer paid for by the state?

There are several options for legal cost support. Beratungshilfe can cover out-of-court legal advice for people with limited income. Prozesskostenhilfe can cover court costs in civil matters. In criminal cases, victims who become Nebenkläger in serious offences may be entitled to a lawyer funded by the state. A local lawyer or the Amtsgericht can explain eligibility and assist with applications.

What happens to children in domestic violence cases?

The Jugendamt is responsible for child welfare. If children are at risk the Jugendamt can take protective measures, propose supervised contact, or work with the family and courts to ensure safety. Courts can change custody and visitation arrangements if a child's welfare requires it. Document incidents and inform the Jugendamt promptly if children are endangered.

How long do protection orders last?

Protection orders can be temporary or longer-term depending on the court decision. The court will set the duration in the order. Orders can also be extended or modified if circumstances change. Your lawyer can advise on appropriate durations and request extensions if needed.

What kind of evidence should I collect?

Useful evidence includes photographs of injuries or damaged property, medical records, police reports, witness statements, saved messages and call records, and any other documentation that shows a pattern of abuse. Keep secure copies and provide them to your lawyer and the police or court as needed.

How do I find a lawyer in Goslar who handles domestic violence cases?

Look for lawyers who specialise in criminal law, family law or domestic violence matters. You can contact the local Rechtsanwaltskammer for referrals, ask victim support organisations for recommendations, or use local directories. When you consult a lawyer ask about experience with protection orders and criminal proceedings, fee arrangements, and whether they can help you apply for legal aid.

Additional Resources

Emergency number - Dial 110 for immediate police assistance.

National helpline - The nationwide support line for violence against women offers confidential counselling and information in multiple languages - you can call the national helpline number for immediate assistance.

Local police station - Contact the police station serving Goslar for reporting incidents and asking about immediate protection measures.

Amtsgericht Goslar - The local court where protection orders under the Protection Against Violence Act are filed.

Jugendamt Goslar - The municipal child welfare office - contact them if children are at risk or need protection.

Local shelters and counselling centres - Search for Frauenhaus or Gewaltberatungsstellen near Goslar for emergency shelter, counselling and safety planning.

Victim-support organisations - Groups such as national victim support organisations can provide practical help, emergency funds and legal guidance.

Rechtsanwaltskammer - The regional bar association can help you find qualified lawyers in criminal and family law.

Next Steps

If you are in immediate danger call 110 right now. If you are safe but need help, follow these steps - keep a written record of incidents with dates and times, preserve any physical and digital evidence, seek medical attention for injuries and ask for documentation, report the matter to the police and obtain a copy of the report, contact local victim-support services or a shelter for safety planning, and consult a lawyer experienced in domestic violence cases to discuss protection orders, criminal complaints and possible civil claims.

Ask the lawyer about legal aid options such as Beratungshilfe or Prozesskostenhilfe and whether you may qualify for a court-funded Nebenkläger counsel in criminal proceedings. If children are involved, contact the Jugendamt to ensure their immediate safety. Keep a list of emergency contacts and a safety plan, and take steps to secure important documents and finances if you leave the home.

Legal matters and safety planning can be complex and stressful. Reach out to local professionals - police, victim support services, the Jugendamt and a specialised lawyer - to get a coordinated plan that protects you and any children and helps you move forward.

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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. 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.