Best Domestic Violence Lawyers in Schongau

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Anwaltskanzlei Bernhard Mehr
Schongau, Germany

English
Anwaltskanzlei Bernhard Mehr, located in the historic center of Schongau, offers comprehensive legal services across multiple disciplines, including family law, criminal law, divorce proceedings, employment law, and mediation. Established in 1977 by Paul Lehner, the firm has over four decades of...
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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.

About Domestic Violence Law in Schongau, Germany

Domestic violence is a serious issue affecting individuals and families across Germany, including in Schongau. Domestic violence refers to physical, psychological, or sexual abuse taking place within the context of a domestic relationship, such as between spouses, partners, parents and children, or cohabitants. German law protects victims regardless of gender, age, or marital status. Authorities in Schongau are committed to preventing domestic violence, providing support for victims, and holding perpetrators accountable under the law.

Why You May Need a Lawyer

If you are experiencing or accused of domestic violence in Schongau, seeking legal advice can be crucial. Common situations where you may need a lawyer include:

  • Filing for a protection or restraining order (Gewaltschutzanordnung)
  • Needing guidance on what legal protections are available to you
  • Facing false allegations or defending yourself against accusations
  • Seeking custody or visitation rights for children in the context of domestic violence
  • Being involved in criminal proceedings as a victim or alleged perpetrator
  • Needing advice on your rights regarding property or housing after a domestic conflict
  • Wanting assistance in reporting abuse to authorities the right way

A qualified lawyer can help you protect your rights, navigate legal processes, and ensure you receive the assistance you need.

Local Laws Overview

Domestic violence laws in Schongau are governed by federal German legislation, mainly the Protection Against Violence Act (Gewaltschutzgesetz) and relevant sections of the German Criminal Code (Strafgesetzbuch). Key aspects include:

  • A rapid response system allowing police to remove offenders from the shared household
  • Victims can seek a court-ordered restraining order or no-contact order, often within days
  • Courts may prohibit offenders from approaching victims, entering their home, or contacting them in various ways
  • Violations of protection orders can lead to criminal liability and further penalties
  • Criminal prosecution of offenses such as assault, threats, stalking, and coercion
  • Victims may receive support and counseling services through local organizations and the police
  • Special considerations for cases involving children, including immediate removal from dangerous situations and impact on custody decisions

Schongau's local authorities work with social services, counseling stations, and shelters to offer comprehensive protection and assistance.

Frequently Asked Questions

What counts as domestic violence in Schongau?

Domestic violence includes physical harm, threats, emotional abuse, sexual violence, and controlling behaviors occurring within a home or between intimate partners or family members.

How quickly can I get protection from my abuser?

Authorities in Schongau can issue emergency protection quickly. Police can immediately remove the offender from a shared home, and courts can grant a restraining order often within a few days.

Can I stay in my home if I report domestic violence?

Yes, German law often prioritizes the victim remaining at home while the perpetrator is ordered to leave. This is to help minimize disruption and further trauma for victims and any children involved.

What should I do if I am falsely accused of domestic violence?

Contact a lawyer as soon as possible. Provide evidence and witness statements to support your case, and follow the legal process as advised by your legal counsel.

Are there shelters or safe houses in or near Schongau?

Yes, there are women's shelters and counseling centers nearby. Police and local social services can provide information and assistance for safe accommodation.

How do I report domestic violence?

You can contact the police at any time. In emergencies, call 110. You may also reach out to social services, counseling centers, or trusted individuals who can help you contact the authorities.

Can domestic violence affect child custody?

Yes, courts consider domestic violence seriously in custody decisions. The safety and well-being of the child are the highest priority, and custody decisions may change if there are risks of harm.

What evidence is needed for a restraining order?

Provide as much evidence as possible, such as medical reports, photographs of injuries, messages, witness statements, or police reports. A lawyer can help you collect and present evidence.

Is there support for male victims of domestic violence?

Yes, although most resources focus on women, support services and counseling are available for male victims as well. The law protects all victims, regardless of gender.

Will my confidentiality be protected if I seek help?

Yes, professionals such as lawyers, doctors, and counselors are bound by confidentiality. You can discuss your situation and seek advice without fear that your information will be disclosed without your consent.

Additional Resources

If you need help or more information about domestic violence in Schongau, the following resources can be valuable:

  • Schongau Police Department: For immediate emergency assistance and for filing reports
  • Local women's shelters (Frauenhäuser) and support groups
  • Pro familia: Offers counseling for domestic violence victims and families
  • Caritas and Diakonie: Provide legal advice, counseling, and emergency housing
  • Gewaltschutzambulanz: Offers medical documentation of injuries
  • Youth Welfare Office (Jugendamt): Support and protection for children in domestic violence situations
  • Victim support organization WEISSER RING: Legal guidance and support services for victims
  • Local crisis hotlines and helplines for confidential advice

Next Steps

If you or someone you know needs legal assistance regarding domestic violence in Schongau, consider the following steps:

  • Contact the police if you or your children are in immediate danger
  • Document any incidents, injuries, threats, or evidence of violence
  • Seek help from local counseling centers or support organizations
  • Consult a lawyer who specializes in family or criminal law for personalized advice
  • Apply for a restraining order if needed, with the help of your lawyer
  • Take advantage of support services to ensure your safety, well-being, and legal protection

Acting quickly is essential for your safety and for protecting your legal rights. Reach out to a trusted professional or a legal expert who can guide you through each step with confidentiality and compassion.

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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.