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Free Guide to Hiring a Family Lawyer
Browse our 1 legal question about Domestic Violence in Germany and the lawyer answers, or ask your own questions for free.
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...
Read full answerDomestic violence covers physical, sexual, psychological and economic abuse between people who are or were in a close relationship - spouses, partners, family members or people living in the same household. In Miesbach, as elsewhere in Germany, victims are protected by criminal law and by special protection-measures in civil law. Criminal provisions in the German Criminal Code apply to assaults, threats, stalking, sexual offences and other violent acts. Civil protections are available under the Protection Against Violence Act - Gewaltschutzgesetz - which can quickly impose prohibitions on the abuser, including orders to stay away from the victim, to leave the shared home and to cease contact.
Local authorities - police, the local court and social services - play a central role in immediate protection and in starting legal procedures. If children are involved, the Youth Welfare Office - Jugendamt - and the family court will become involved to protect the child. Many victims use a combination of criminal complaints, civil protection orders and family law measures to secure safety and long-term stability.
A lawyer can help you understand legal options, prepare and submit applications, represent you in hearings and negotiate with other parties. Typical situations where legal help is often needed include:
- Seeking a protection order under the Protection Against Violence Act - to remove the abuser from the home or to obtain a no-contact order.
- Filing a criminal complaint or following up with the public prosecutor - to ensure the criminal aspects are pursued and evidence is preserved.
- Divorce, separation and financial claims - to sort out property division, spousal support and maintenance during and after separation.
- Child custody and visitation disputes - to protect the child and determine residence, contact and parental responsibilities.
- Housing and tenancy issues - to handle eviction or temporary exclusion from a jointly rented home.
- Immigration or residency concerns tied to family status - to understand implications for non-German nationals and possible legal remedies.
- Applying for victim compensation or social benefits and obtaining legal aid if you cannot afford a lawyer.
Key legal instruments and local bodies relevant in Miesbach include:
- Protection Against Violence Act (Gewaltschutzgesetz) - Allows immediate civil-law measures: exclusion from the shared home, contact bans and other restrictions to protect the victim. Applications for these measures are typically made to the local family court or the competent civil court.
- Criminal law (Strafgesetzbuch - StGB) - Assault, battery, threats, stalking, sexual offences and coercion are prosecutable offences. You can file a criminal complaint with the police. In many cases the public prosecutor will continue prosecution once a complaint is made.
- Family law - Matters of divorce, separation, child custody and access are handled by the family court. The court can order provisional measures for residence, custody and contact while longer proceedings are pending.
- Youth Welfare Office (Jugendamt) - Responsible for child protection. The Jugendamt can open investigations, provide support services and, if necessary, request court orders to protect children.
- Police - Immediate protection is provided by the police. They can document injuries, take witnesses, issue temporary measures and refer cases to the prosecutor. In emergency situations the police can remove a person from the scene and provide information on shelters and social services.
- Local social services and shelters - Municipal and county-level services in Landkreis Miesbach offer crisis accommodation, counselling and support for victims and children.
- Legal-aid systems - If you cannot afford legal counsel, German systems such as Beratungshilfe (for out-of-court legal advice) and Prozesskostenhilfe (for court costs) can be available after means assessment. Ask a lawyer or the local court about eligibility.
If you are in immediate danger call the emergency number 112. Get to a safe place if possible. Contact the local police station to report the incident and ask for a police report. If you need shelter, contact local crisis accommodation or emergency services. Preserve any injuries by seeking medical attention and ask for a written medical record.
Yes. You can report crimes such as assault, sexual offences, threats and stalking to the police. The police will take a statement and forward the matter to the public prosecutor. Filing a complaint begins the criminal process, although the prosecutor decides whether to pursue charges. Keep copies of evidence and get the police report for later proceedings.
Under the Protection Against Violence Act you can seek civil-law protection measures - for example exclusion from the shared home or an order to avoid all contact. Courts can issue emergency measures quickly, often on the same day or within a few days. A lawyer can help prepare the application; in urgent situations the police or victim-support services can assist with immediate steps.
Yes. The family court can order the abuser to leave the shared accommodation temporarily and prohibit them from returning. This remedy is commonly used to provide immediate safety. If the tenancy is in both names, the court order can create a temporary exclusive right of residence for the victim.
Useful evidence includes medical records, photographs of injuries, police reports, witness statements, text messages, emails, call logs, recordings where legally permissible, and any documents showing threats or controlling behaviour. Keep originals where possible and detailed notes of dates and incidents. Talk to a lawyer about how best to preserve and present evidence.
Police will act to protect you in emergencies and can take measures such as removing the aggressor from the scene and providing information about shelters. Whether longer term protection is available depends on court orders and the prosecutor. If you feel at risk, inform the police and request specific protective steps. Keep follow-up communications and ask your lawyer about additional protective measures.
If children are involved the Jugendamt will examine the situation and can provide support or trigger court proceedings to protect the child. The family court can impose residence and contact arrangements to prevent harm. Courts focus on the childs welfare as the primary consideration. Keeping records of incidents and informing Jugendamt and the court is important.
Yes, if you have low income you may qualify for Beratungshilfe for legal advice or Prozesskostenhilfe for court proceedings. These are means-tested. Speak with a lawyer or the local court to apply. Victim support organizations can also guide you to free counselling and legal information.
Reporting domestic violence should not automatically harm your residency status. There are specific protections and remedies for non-German nationals who face domestic abuse. You may be eligible for special residency considerations or support measures. Consult a lawyer with experience in immigration and family law to understand your situation and protect your legal status.
Protection orders can be temporary or longer-term depending on court decisions and the circumstances. Courts can extend or modify orders upon application if risks continue. A lawyer can advise how to request extensions and the documentation needed to support continued protection.
When you need help, consider contacting or asking about the following types of local and national resources:
- Local police station in Miesbach for immediate assistance and to file a criminal complaint.
- County social services at the Landratsamt Miesbach for counselling and referrals to shelters and support programs.
- Jugendamt (Youth Welfare Office) for child protection matters.
- Women’s shelters - Frauenhaus and other emergency accommodation in the region for safe housing and crisis support.
- Victim support organisations - national and regional bodies provide counselling, practical help and information about legal rights and compensation.
- National hotline for violence against women - confidential counselling available by phone in multiple languages.
- Local courts and family court for protective orders and family-law proceedings.
- Legal aid offices and bar association resources to help you find a lawyer and apply for state-funded legal assistance.
If you or someone you know needs legal assistance because of domestic violence, consider these practical next steps:
- If there is immediate danger call 112. Your safety and the safety of children come first.
- Report the incident to the police and request a copy of the police report. Ask the police about immediate protective measures.
- Seek medical attention for injuries and request written documentation. Medical records are important evidence.
- Preserve evidence - save messages, photos, medical records and notes about what happened and when.
- Contact a local victim support organisation or women’s shelter for counselling, safety planning and practical help.
- Consult a lawyer experienced in domestic violence, family law or criminal law. Ask about legal aid if you cannot afford fees. If you prefer, many organisations can help you find a suitable lawyer.
- If children are involved contact the Jugendamt to report concerns and to get child-protection advice.
- Consider applying for a protection order under the Protection Against Violence Act to secure short-term legal protection while you sort longer term solutions.
This guide is for general information only and does not substitute personalised legal advice. For case-specific guidance contact a qualified lawyer or a local victim-support service in Miesbach.
