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Free Guide to Hiring a Family Lawyer
Domestic violence is any physical, psychological, sexual, or economic abuse that happens between people in a close relationship, such as spouses, partners, former partners, or family members. In Kitzingen, as part of the Free State of Bavaria and the Federal Republic of Germany, domestic violence is addressed by a combination of criminal law, civil protection law, and police law. Protection can be obtained quickly through family courts and the police, and criminal prosecution can run in parallel. Support services, including shelters and counseling centers, operate in Kitzingen and the wider Lower Franconia region.
German law prioritizes immediate safety. Police can remove an alleged perpetrator from the shared home for a short period. Family courts can issue rapid no-contact and exclusion orders. Violations of protection orders are criminal offenses. Victims can seek compensation and specialized support. If children are involved, the youth welfare office and the family court can issue protective measures.
A lawyer can be critical in urgent and complex situations. Common reasons to seek legal help include the need to obtain a rapid no-contact order and exclusion from the shared home, preparing and filing a well-supported application under the Protection Against Violence Act, coordinating with the police and the public prosecutor to report crimes, gathering and preserving evidence such as medical records and messages, and creating a safety plan that fits with legal steps.
Legal representation is often important when children are involved, including seeking emergency protective measures, adjusting custody and visitation, and coordinating with the youth welfare office. A lawyer can also help with immigration and residence issues that arise after separation, with applications for legal aid, with victim compensation and claims for damages, with confidentiality requests to keep your address private, and with employment or housing issues connected to the violence.
If you are accused of domestic violence, you should get legal advice immediately. A lawyer can explain your rights during police questioning, help you comply with existing orders, challenge measures that are not lawful, and protect your access to your home or your children where appropriate.
Protection Against Violence Act - Gewaltschutzgesetz: The family court at the local district court in Kitzingen can quickly issue an order that prohibits contact and approach, excludes the perpetrator from the shared home, and protects children and other relatives. The court can issue an interim order without hearing the other side in urgent cases. A breach of a protection order is a criminal offense punishable under Section 4 GewSchG.
Criminal Code - Strafgesetzbuch: Domestic violence often involves crimes such as bodily harm Sections 223 and 224, threatening Section 241, coercion Section 240, deprivation of liberty Section 239, stalking Section 238, and sexual offenses including Section 177. Many of these offenses are prosecuted by the state, while some require a timely victim application. You can file a criminal complaint with the police or the public prosecutor.
Bavarian Police Law: Under the Bavarian Police Duties Act, police in Kitzingen can issue an immediate eviction from the dwelling and a return and contact ban for a short period, typically up to 14 days, to secure safety until a court decision. Police can seize weapons and dangerous items and can set further conditions to prevent danger.
Family Law - BGB and FamFG: The family court can allocate the marital or family home, regulate custody and visitation, and order supervised contact if needed. If the child’s welfare is endangered, the court can impose protective measures. The youth welfare office in Kitzingen supports and informs the court.
Victim Compensation and Civil Claims: Victims of violence can receive benefits under Social Code Book XIV - SGB XIV, which replaced the old Victims Compensation Act. You can also claim damages and pain and suffering in a civil lawsuit or as part of the criminal case through the adhesion procedure.
Confidentiality and Data Protection: You can request an address block at the residents registry under the Federal Registration Act to prevent disclosure of your address. Courts can take measures to protect sensitive data in filings and hearings.
Immigration Law: If your residence depends on your spouse or partner, you may obtain an independent residence permit after separation. Hardship due to domestic violence can justify earlier independent residence. Get individual legal advice because the details depend on your specific status and documentation.
Legal Aid: If you have low income, you can request Beratungshilfe for out of court advice and Verfahrenskostenhilfe or Prozesskostenhilfe for court proceedings. A lawyer can help with the applications.
Domestic violence includes physical assaults, threats, stalking, coercion, sexual violence, psychological abuse, and economic control when these acts occur within a domestic or intimate relationship or between relatives. The legal response can be both civil protection orders and criminal prosecution.
Call the police at 110. If you need medical help, call 112. The police can come to the scene, remove the perpetrator from the home, issue a short term ban on return and contact, document injuries, and help you reach a shelter or safe place.
In urgent cases, the family court can issue an interim order often within days and sometimes the same day based on your affidavit and evidence. A full hearing with both sides typically follows later. Bring or submit any evidence you have to support the urgency.
Useful evidence includes medical reports and photos of injuries, messages, emails, call logs, social media posts, witness statements from neighbors or relatives, prior police reports, and any damage to property. Keep a dated incident log. Do not delete messages and make backups.
Yes, if there is danger the Bavarian police can issue an immediate eviction and return ban, typically up to 14 days. You should then apply to the family court for a longer protection order and exclusion from the home if needed.
Violating a court protection order is a criminal offense under Section 4 GewSchG. Call the police immediately. The offender can face criminal charges and penalties, and the court can strengthen or extend the order.
The child’s safety and welfare are paramount. The family court can limit or suspend visitation, order supervised contact, or adjust custody if violence endangers the child or the other parent. The youth welfare office participates and can propose protective measures.
Yes. You can request an address block at the residents registry and ask courts and authorities to limit disclosure. Shelters also use confidentiality protocols. Discuss options with your lawyer or a counseling center.
Leaving a violent relationship does not automatically end your lawful stay. You may be eligible for an independent residence permit, and hardship due to domestic violence can support earlier independence. Seek tailored immigration advice as soon as possible.
Do not make statements to police without legal advice. Comply with any police or court orders. A defense lawyer can examine the file, advise on statements, present exonerating evidence, and protect your rights regarding your home and contact with children.
Emergency services in Germany - Police 110 - Medical 112.
National Helpline Violence Against Women - 08000 116 016 - 24 hours - multilingual. Offers counseling and can connect you with a local shelter or counseling center in Kitzingen or nearby.
Helpline Violence Against Men - 0800 123 99 00. Confidential counseling and referrals.
Nummer gegen Kummer for children and young people - 116 111. Parents hotline - 0800 111 0 550.
Amtsgericht Kitzingen - Family Court. Handles protection orders under the Protection Against Violence Act and family law measures.
Polizeiinspektion Kitzingen - Local police station. You can file criminal complaints and request protective police measures.
Staatsanwaltschaft Wuerzburg - Public Prosecutor. Responsible for prosecuting crimes from the Kitzingen area.
Frauenhaus and specialized counseling centers in Wuerzburg and Lower Franconia - Provide shelter, safety planning, legal information, and support for women and children. Ask the national helpline for current contacts.
Youth Welfare Office - Jugendamt Kitzingen at the district authority. Supports child protection measures and can assist with emergency arrangements.
Bar associations and lawyer referral - Rechtsanwaltskammer Bamberg and local Anwaltsverein can help you find a lawyer experienced in domestic violence, family law, and criminal law.
Hospitals in the region - Ask about anonymous evidence preservation, called Anonyme Spurensicherung, so injuries and forensic traces can be documented even if you are not ready to report immediately.
Prioritize safety. If you fear immediate harm, call 110. Consider staying with trusted friends or at a shelter. Create a safety plan that includes copies of key documents, a spare phone, and essential items for you and your children.
Document and preserve evidence. Get medical treatment and ask for a detailed report. Save messages, take photos of injuries and damaged property, and keep a written timeline with dates and details.
Seek urgent legal protection. Contact a lawyer to apply for an interim protection order and exclusion from the home at the Amtsgericht Kitzingen. If police have already issued an eviction, apply to the court before the police ban expires to maintain protection.
Report crimes. File a criminal complaint with the police or prosecutor. Ask about your rights as an injured party, including support by a victim advocate, information rights, and protective measures during questioning and hearings.
Address child safety. Inform the youth welfare office and ask the court for immediate measures regarding custody and visitation if needed. Request supervised contact when appropriate.
Secure practical support. Call the national helplines, contact local shelters or counseling centers, and speak to your doctor or a hospital about injury documentation and possible anonymous evidence preservation.
Consider financial and legal aid. Ask your lawyer about Beratungshilfe and Verfahrenskostenhilfe. Explore victim benefits under SGB XIV and civil claims for damages or pain and suffering.
If you are accused, act quickly. Do not discuss the case without your lawyer. Gather relevant communications, potential witness details, and any evidence that supports your account. Follow all court and police instructions to avoid further legal risk.
A local lawyer who understands both civil protection and criminal procedure in Bavaria can coordinate all steps, keep deadlines, and help you navigate the Kitzingen authorities effectively.
