Best Domestic Violence Lawyers in Oldenburg

About Domestic Violence Law in Oldenburg, Germany

Domestic violence is a serious issue in Germany, including in Oldenburg, and is addressed by both federal and state laws. Domestic violence refers to acts of physical, psychological, or sexual abuse within domestic or family settings, often involving partners, ex-partners, or close relatives. German law provides protective measures and resources to help victims escape abusive environments. In Oldenburg, the authorities and local organizations work together to ensure the safety and legal protection of those affected.

Why You May Need a Lawyer

There are numerous situations where seeking legal advice from a lawyer specializing in domestic violence can be beneficial:

• You are experiencing domestic violence and want to understand your legal rights and options.
• You wish to obtain a protective order (e.g., restraining order) against your abuser.
• You have been accused of domestic violence and need legal defense.
• You are facing custody, divorce, or separation issues complicated by domestic violence.
• You need help navigating the criminal justice system or need advocacy in court proceedings.
• You want assistance in accessing local shelters, support services, or protection measures.

Local Laws Overview

Domestic violence is prohibited under both the German Criminal Code (Strafgesetzbuch, StGB) and civil law. Key points relevant to Oldenburg include:

• Protection Against Violence Act (Gewaltschutzgesetz): Provides a legal basis for victims to apply for protection orders, such as removal of the perpetrator from the shared home and restraining orders.
• Police Intervention: The police have authority to remove perpetrators from the residence for up to two weeks if immediate danger is present.
• Criminal Prosecution: Acts of domestic violence, including bodily harm, threats, stalking, and coercion, are criminal offenses that can result in prosecution and punishment.
• Family Law: Domestic violence is taken into account in cases involving child custody, visitation, and divorce proceedings.
• Support Services: Local authorities are obliged to offer support and refer victims to specialist counseling centers or shelters.

Frequently Asked Questions

What is considered domestic violence under German law?

Domestic violence includes acts of physical, sexual, psychological, or economic abuse within domestic, marital, or partner relationships. It covers all forms of force or intimidation used to control or harm another person.

What should I do if I am experiencing domestic violence in Oldenburg?

Seek immediate safety-leave your home if possible, and contact the police by dialing 110. You can also reach out to local shelters, counseling services, or a lawyer for further advice and support.

Can I obtain a restraining order against my abuser?

Yes, you can apply for a court-issued protection order under the Protection Against Violence Act. A lawyer can assist you in filing the necessary documents and representing you in court.

What can the police do to help me?

The police can remove the perpetrator from your home for up to 14 days, initiate criminal investigations, and help connect you with support services.

How long does a protection order last?

A protection order can be issued for an initial period ranging from weeks to several months. It may be extended depending on the circumstances and ongoing threat to your safety.

Will reporting domestic violence affect my residency status?

Victims of domestic violence are generally protected under German law, and reporting it should not negatively affect your right to stay, especially if your residency is linked to marriage or partnership.

Can domestic violence impact child custody or divorce proceedings?

Yes, courts consider evidence of domestic violence in matters of child custody, visitation, and divorce, prioritizing the safety and well-being of the child and the victim.

Can men also be victims of domestic violence?

Yes, domestic violence can affect anyone, regardless of gender. Support services and legal protections are available for all victims.

Is legal aid available to domestic violence victims?

Victims who cannot afford a lawyer may be eligible for legal aid (Prozesskostenhilfe), which covers legal representation and court costs.

Where can I find emergency accommodation or counseling in Oldenburg?

Oldenburg has shelters (Frauenhäuser) and counseling centers (Beratungsstellen) available for those affected by domestic violence. The police and local social services can provide contact information and referrals.

Additional Resources

If you are in need of assistance, the following organizations and services in Oldenburg can help:

• Oldenburg Women's Shelter (Frauenhaus): Provides emergency accommodation, advice, and support for women and children.
• White Ring (Weißer Ring): Offers support for victims of crime, including counseling and legal advice.
• Oldenburg Police: Available 24/7 for emergencies and immediate protection.
• Specialist Counseling Services (Fachberatungsstellen): Offer psychological and legal support to victims and their families.
• Youth Welfare Office (Jugendamt): Assists with concerns related to children and families affected by domestic violence.
• Legal Aid Services: For those who need help affording legal representation.

Next Steps

If you are experiencing or accused of domestic violence in Oldenburg, consider the following steps:

• Ensure your immediate safety-leave dangerous environments or call the police if necessary.
• Document incidents of violence, including injuries or threats (photos, messages, witness statements).
• Contact a local counseling center or shelter for confidential advice and support.
• Consult a lawyer specializing in domestic violence to review your legal options, including protection orders, criminal complaints, and family law matters.
• Apply for legal aid if you are not able to cover legal costs.
• Follow through with the legal process and attend all necessary appointments and court dates.
• Keep in regular contact with support organizations and your lawyer for ongoing assistance.

Remember, help is available, and you do not need to face domestic violence alone. Professional support, legal protection, and safe accommodation can be arranged to aid you through this difficult time.