Best Domestic Violence Lawyers in Heidenheim

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Founded in 2019
English
Käppeler · Wohlfardt · Rothofer Rechtsanwälte in Partnerschaft mbB, Notar, is a distinguished law firm based in Heidenheim, Germany, offering comprehensive legal and notarial services. The firm specializes in family law, real estate law, and inheritance law, providing expert guidance and...
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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 Heidenheim, Germany

Domestic violence is a serious issue throughout Germany, including Heidenheim, and is taken seriously by both law enforcement and the courts. Domestic violence covers a range of abusive behaviors within familial or intimate relationships, including physical violence, psychological abuse, threats, stalking, and economic control. German law provides victims with several pathways for protection and recourse, making it important for anyone affected to understand their rights and the resources available in Heidenheim.

Why You May Need a Lawyer

If you or someone you know has been affected by domestic violence, legal assistance can be crucial. Common situations where a lawyer’s help is needed include:

  • Applying for protection or restraining orders against an abuser
  • Navigating police reports and evidence gathering
  • Ensuring children's safety and custody arrangements
  • Divorce or separation from an abusive partner
  • Seeking compensation for damages or injuries
  • Defending against false accusations of domestic violence
  • Understanding your rights under local and national laws

A lawyer can help you navigate complex procedures, represent your interests in court, and connect you with support services.

Local Laws Overview

In Heidenheim, as throughout Germany, domestic violence is prosecuted under several statutes in the Criminal Code (Strafgesetzbuch), the Protection Against Violence Act (Gewaltschutzgesetz), and the Civil Code (Bürgerliches Gesetzbuch). Key aspects include:

  • The Gewaltschutzgesetz allows victims to apply for civil protection orders, which can require the abuser to leave the shared household and prohibit contact.
  • Immediate police intervention is possible, including removal of the perpetrator from the home for up to two weeks, extendable by court order.
  • Physical and psychological abuse, as well as stalking, are criminal offenses and can result in fines or imprisonment.
  • The police and social services in Heidenheim work together to provide protection and counseling for victims and their children.
  • Legal aid may be available for those who cannot afford private legal representation.

Frequently Asked Questions

What counts as domestic violence in Heidenheim?

Domestic violence includes physical abuse, psychological intimidation, threats, stalking, sexual violence, and financial control within family or intimate partner relationships.

What should I do if I am experiencing domestic violence?

Call the police immediately if you are in danger. You can also seek help at local counseling centers and apply for a protection order at the district court (Amtsgericht) in Heidenheim.

Can the police remove my partner from our home?

Yes, the police have the authority to order an immediate removal of a violent partner from your shared residence for up to 14 days, which can be extended by the court.

How do I apply for a protection order?

You can file an application for a protection order at the district court. Legal support or victim support organizations can help you with the application process.

What evidence do I need to prove domestic violence?

Any evidence such as photographs of injuries, medical reports, witness statements, messages, and police reports can help support your case.

Will my children be protected if I report domestic violence?

Children are considered in all domestic violence cases. Court orders may include protective arrangements for children, and youth welfare offices can assist with their safety and well-being.

Can I get legal aid if I cannot afford a lawyer?

Yes, you may qualify for legal aid (Prozesskostenhilfe or Beratungshilfe) to cover legal representation and court costs if you meet certain financial criteria.

Is psychological abuse or stalking treated as seriously as physical violence?

Yes, psychological abuse and stalking are recognized as forms of domestic violence and are prosecutable offenses under criminal law in Germany.

What happens if I am falsely accused of domestic violence?

If you are wrongly accused, it is important to seek legal counsel immediately. Your lawyer can help you build a defense and protect your rights throughout the legal process.

Are there shelters or safe accommodations available in Heidenheim?

Yes, there are shelters and confidential accommodations available for victims in Heidenheim and the surrounding areas. Local support centers can help you access these resources.

Additional Resources

Several organizations and governmental bodies in Heidenheim and Germany provide support and guidance for domestic violence cases:

  • The Heidenheim Police for immediate protection and intervention
  • Frauenhaus Heidenheim (women's shelter) for safe accommodation and support
  • Local youth welfare office (Jugendamt) for child protection assistance
  • District Court Heidenheim (Amtsgericht) for filing protection orders
  • Specialized counseling centers for victims and their families
  • Legal aid offices (Beratungshilfe and Prozesskostenhilfe)
  • Nationwide domestic violence helplines (such as Hilfetelefon Gewalt gegen Frauen: 08000 116 016)

Next Steps

If you need legal help due to domestic violence in Heidenheim, take the following steps:

  • If you are in immediate danger, contact the police or emergency services right away
  • Reach out to a local victim support organization to discuss your situation in a safe, confidential environment
  • Gather any evidence or documentation related to the abuse, including messages, photographs, and witness information
  • Contact a local lawyer who specializes in family law or criminal defense with experience in domestic violence cases
  • Ask your lawyer about eligibility for legal aid if you are concerned about costs
  • Keep a record of all incidents and interactions with your abuser for future reference

Remember, you are not alone. There are legal mechanisms and community support available in Heidenheim to help you find safety and protect your rights.

Lawzana helps you find the best lawyers and law firms in Heidenheim 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 Heidenheim, 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.