Best Domestic Violence Lawyers in Stade

About Domestic Violence Law in Stade, Germany

Domestic violence in Stade, as in the rest of Germany, covers any pattern of physical, psychological, sexual, or economic abuse occurring within a domestic or intimate relationship. It includes violence between spouses or partners, former partners, family members, people living in the same household, and sometimes dating relationships. German law tackles domestic violence through a combination of civil protection, criminal prosecution, police emergency powers, and social support services. In Stade, cases are typically handled by the local police, the public prosecutor at the Staatsanwaltschaft Stade, and the family court at the Amtsgericht Stade, with support from regional victim services and shelters.

Immediate safety comes first. Police in Lower Saxony can remove a violent person from the home and impose a return ban for a short period. Courts can then issue civil protection orders under the Protection Against Violence Act that forbid contact and exclude the perpetrator from the shared residence. Criminal investigations may proceed in parallel for offenses such as bodily harm, threats, coercion, stalking, sexual offenses, or property damage. Victims have rights to protection, information, and support throughout these processes.

Why You May Need a Lawyer

You may need a lawyer if you want to apply quickly for a civil protection order under the Protection Against Violence Act, including a contact ban and exclusion from the shared home. A lawyer can draft persuasive applications, present evidence clearly, and push for urgent interim orders.

Legal representation is helpful if the police have removed the abuser and you need to extend protection through the court before the short police ban expires. Lawyers coordinate the timing between police measures and court orders.

If criminal charges are involved, a lawyer can advise you on whether and how to file a complaint, accompany you to police interviews, and represent you as a private accessory prosecutor. In serious cases, victims may be entitled to a lawyer paid by the state.

Where children are involved, a lawyer can apply for urgent family court orders on custody, visitation, and the allocation of the family home. Your lawyer coordinates with the youth welfare office and ensures child safety is paramount.

If you are separating or divorcing, a lawyer can handle spousal support, child support, property issues, and housing arrangements while keeping your security needs in focus.

For migrants, a lawyer can assess residence rights, protection as a victim of crime, and residence independent of a spouse in cases of violence. Legal advice helps avoid immigration pitfalls.

If you have limited income, a lawyer can help you apply for legal aid for out of court advice and for court proceedings, so that costs do not prevent you from seeking protection.

Local Laws Overview

Protection Against Violence Act German Gewaltschutzgesetz: This civil law allows victims to obtain rapid protection orders from the family court at the Amtsgericht. Typical orders include contact bans, prohibitions from approaching the victim or specific places, and exclusion from the shared residence. Orders can be issued urgently without a hearing if there is immediate danger, and they can later be confirmed after the other side is heard.

Police powers in Lower Saxony: Under state police law, the police can issue an immediate eviction and return ban against a violent person and can confiscate keys to enforce it. This measure is designed to secure short term safety and give victims time to apply for a court order. Officers can also seize weapons and notify local victim support services with your consent.

Criminal law German Strafgesetzbuch: Domestic violence is not a single offense, but many acts are crimes, including bodily harm, dangerous bodily harm, threats, coercion, stalking, sexual assault or rape, deprivation of liberty, trespass, insult, property damage, and attempted homicide. Police must act when there is reasonable suspicion of a crime. The public prosecutor decides on charges.

Criminal procedure and victim rights: Victims have rights to information, protection from intimidation, separate waiting areas in court where possible, and compensation claims. In serious cases, victims can join proceedings as a private accessory prosecutor and may receive a court appointed victim counsel and psychosocial trial support.

Family law: The family court can allocate the shared home to the victim, regulate parental custody and visitation urgently, and order that handovers of children occur at safe locations or with supervision. Safety considerations guide all decisions about children.

Immigration and residence: Victims of domestic violence may secure residence independent of a spouse, and authorities must consider protection needs. Early legal advice is recommended if your residence depends on your partner.

Compensation and benefits: Victims can seek medical treatment costs, pain and suffering in civil court, and benefits under the social compensation law in SGB XIV for health injuries resulting from violent crimes. Victim advisory services can help with applications.

Frequently Asked Questions

What counts as domestic violence under German law

Domestic violence includes physical assaults, threats, coercion, sexual violence, stalking, destruction of property, financial control, and severe psychological abuse within a domestic or intimate setting. Many of these acts are crimes. Even without physical injury, harassment and threats can justify a protection order.

How do I get immediate protection in Stade

If you are in danger, call the police at 110. Police can remove the violent person from the home and impose a short return ban. As soon as you are safe, file for a civil protection order at the family court in Stade. In urgent cases, the court can issue an interim order the same day or within a few days based on your affidavit and evidence.

Do I need to press charges to get a protection order

No. Civil protection under the Protection Against Violence Act does not require a criminal complaint. It is enough to show the court that your rights have been violated and that future violations are likely. However, filing a criminal complaint can strengthen your protection and lead to prosecution.

How long does a protection order last

Initial interim orders often last a few months and can be extended or converted into a final order after a hearing. The exact duration depends on your situation, risk level, and the court's assessment. Orders can be renewed if the danger persists.

What happens if the abuser violates the order

Violating a court protection order is a criminal offense. Call the police immediately if the person approaches or contacts you in breach of the order. Keep records of violations. The police can intervene on the spot and the prosecutor can bring charges.

Can I stay in the shared home

Yes. The law prioritizes the victim's continued use of the home. Courts can exclude the violent person and grant you exclusive use, even if the lease or title is in their name. Police eviction and the court's exclusion order work together to make this possible.

How are children protected in these cases

The family court can issue urgent orders on custody and visitation with safety conditions, including supervised contact or temporary suspension. The youth welfare office can support safety planning for children and may be involved if their welfare is at risk.

What evidence should I collect

Keep medical reports, photos of injuries or damage, messages, call logs, witness statements, and police incident numbers. Write down dates, times, and descriptions of incidents. Bring this to your lawyer and to court. Do not delay medical care if injured.

Will the abuser learn the location of a shelter

No. Shelter addresses are confidential. Communication with shelters and specialized support services is protected, and courts can take extra steps to protect your address in filings.

What if my residence permit depends on my partner

Special rules can protect victims whose residence depends on a spouse or partner. You may obtain an independent residence permit when there is domestic violence. Consult a lawyer quickly to avoid gaps in status and to prepare documentation.

How much will this cost and can I get legal aid

If you have low income, you may qualify for Beratungshilfe for out of court advice and for Verfahrenskostenhilfe for court proceedings. In serious criminal cases, a victim counsel can be appointed at no cost. Ask your lawyer to apply for cost assistance immediately.

Additional Resources

Emergency police assistance: 110.

Medical emergency: 112.

National helpline Violence against Women: 08000 116 016. Confidential, free, multi language, 24-7.

National helpline Violence against Men: 0800 123 9900. Confidential and free.

Child and youth helpline Number against sorrow: 116111.

Local police in Stade and the surrounding district can respond on site, issue an eviction and return ban, and connect you with support services upon consent.

Amtsgericht Stade Family Court can accept urgent applications under the Protection Against Violence Act and for custody and housing orders.

Public Prosecutor's Office Staatsanwaltschaft Stade handles criminal investigations and prosecutions related to domestic violence offenses.

Victim support organizations such as Weißer Ring provide accompaniment to authorities, practical assistance, and guidance on compensation.

Women shelters and counseling centers in Lower Saxony, including the Stade region, offer safe accommodation and specialized counseling. Staff can help with court applications and safety planning.

Beratungs und Interventionsstellen against domestic violence in Lower Saxony often called BISS provide proactive counseling after police incidents and can help with protection orders and safety plans.

Pro Aktiv Centers in Lower Saxony contact victims after police reports to offer free counseling and referrals to legal and social support in the Stade area.

Youth welfare office Jugendamt Landkreis Stade supports families, assesses child safety, and helps implement protective measures for children.

Next Steps

Step 1 - Ensure immediate safety. Call 110 if you are in danger. Go to a safe place, such as a neighbor, a friend, a shelter, or a hospital. Seek medical care for any injuries and ask for a medical report.

Step 2 - Document the abuse. Save messages, take photos, keep a diary of incidents, and request copies of medical records. Ask witnesses to write down what they saw or heard.

Step 3 - Seek legal advice promptly. Contact a lawyer in Stade experienced in domestic violence, family law, and victim rights. Ask about urgent court protection and possible legal aid. If you cannot afford a lawyer, request Beratungshilfe and Verfahrenskostenhilfe.

Step 4 - Apply for a protection order. With your lawyer, file for an interim protection order under the Protection Against Violence Act at the family court in Stade. Ask for a contact ban, approach ban, and exclusion from the home if needed. Provide your affidavit and evidence.

Step 5 - Coordinate with the police. If the police have issued an eviction and return ban, inform your lawyer so the court order can be secured before the police measure expires. Report any violations immediately.

Step 6 - Protect your children. Ask the family court for urgent orders on custody and visitation that prioritize safety. Coordinate with the Jugendamt for support and supervised arrangements if necessary.

Step 7 - Consider criminal options. Decide with your lawyer whether to file a criminal complaint and whether to join the proceedings as a private accessory prosecutor. Ask about a court appointed victim counsel and psychosocial trial support.

Step 8 - Stabilize housing and finances. Discuss allocation of the shared home, child support, spousal support, and benefits. Explore victim compensation under SGB XIV if you suffered injuries.

Step 9 - Build a safety plan. Change locks if permissible, vary routines, inform trusted people at work or school, and adjust privacy settings. Keep copies of important documents ready.

Step 10 - Use local support. Contact shelters, BISS or Pro Aktiv services, and victim support organizations in the Stade region. They can accompany you to court and connect you with counseling, housing, and financial assistance.

This guide provides general information for Stade, Germany. Every situation is unique. For tailored advice, consult a qualified lawyer as early as possible.