Best Domestic Violence Lawyers in Witten

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Founded in 2007
English
Anwaltskanzlei § J. Czwikla, located in Witten, Germany, offers comprehensive legal services across various practice areas. The firm specializes in contract law, tenancy and lease law, traffic accident law, labor law, commercial debt collection, and criminal law, including administrative offenses...
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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 Witten, Germany

Domestic violence is a serious issue affecting many individuals and families in Witten, Germany. It includes physical, psychological, sexual, and economic abuse between people in intimate or family relationships. German law classifies domestic violence as a criminal offense, providing broad protections for victims and strict penalties for offenders. Authorities in Witten work in cooperation with shelters, counseling centers, and law enforcement to help those affected and prevent further harm. Ensuring the safety of victims is a key priority, and legal measures are available to protect those in danger of continued abuse.

Why You May Need a Lawyer

Domestic violence cases can be emotionally charged and legally complex. Individuals might require legal help in situations such as:

  • Seeking a restraining or protection order against their abuser
  • Initiating or responding to divorce or child custody proceedings involving domestic violence
  • Filing criminal complaints or supporting prosecution efforts against an abuser
  • Defending against false accusations of domestic violence
  • Ensuring safe living arrangements and access to necessary community resources
  • Understanding their legal rights and external support options

A lawyer can provide critical guidance, support, and representation throughout the legal process, helping safeguard your interests and wellbeing.

Local Laws Overview

Domestic violence in Witten is governed by both federal German laws and local regulations. The Protection Against Violence Act (Gewaltschutzgesetz) is the primary law that enables victims to seek immediate protective orders and require offenders to leave shared residences. Key aspects include:

  • Victims can apply for court-issued protection orders which may restrict an abuser from contacting or approaching them or their residence.
  • Law enforcement have the authority to remove an alleged perpetrator from the home for a temporary period.
  • Domestic violence is a criminal offense, and offenders can face criminal charges such as assault, threats, or stalking.
  • These laws apply regardless of marital status, meaning protection is available to married, unmarried, separated, or divorced partners, as well as other household members.

Specialized support services and shelters are available in Witten to assist victims with safe accommodations, counseling, and legal advice.

Frequently Asked Questions

What actions are considered domestic violence under German law?

Domestic violence includes physical assault, threats, sexual violence, emotional or psychological abuse, and controlling financial resources or freedom. It applies to current or former partners, spouses, and family members.

Can I get immediate protection if I am a victim of domestic violence?

Yes, you can seek a protection order from the local court. The police can also remove the abuser from the residence if there is an immediate threat to your safety.

Do I have to be married to receive legal protection?

No, legal protection is available to anyone affected by domestic violence regardless of their marital or relationship status, including cohabiting partners and family members.

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

If you are accused of domestic violence unfairly, contacting a lawyer is essential. They can advise you on your rights, represent you in court, and ensure the legal process is followed correctly.

What punishments do perpetrators of domestic violence face?

Penalties may include fines, imprisonment, a ban from the family home, or restraining orders. The severity depends on the nature of the offense and other circumstances.

How can I find a safe place to stay in Witten?

There are women's shelters and emergency accommodations in Witten specifically for victims of domestic violence. Social services and local police can provide contact information and help with immediate relocation.

Can I receive counseling or emotional support?

Yes, several counseling centers and helplines in Witten offer free and confidential support for victims of domestic violence. Legal and psychological assistance is available as needed.

Can domestic violence affect child custody decisions?

Yes, reports of domestic violence are taken seriously during custody proceedings. The court prioritizes the safety and wellbeing of the child when making custody and visitation decisions.

How do I report domestic violence in Witten?

You can call the police emergency number (110) or approach the local police station. Additionally, you can file an application for a protection order at the local district court (Amtsgericht).

Will my information be kept private if I seek help?

Most support organizations, legal services, and counseling centers in Witten have strict confidentiality policies to protect your privacy and safety.

Additional Resources

If you or someone you know is affected by domestic violence in Witten, the following resources may assist:

  • Local police: Immediate help and removal of perpetrators
  • Women's shelters (Frauenhaus): Safe refuge for women and children
  • Counseling centers (Beratungsstellen): Professional support and legal advice for victims
  • Jugendamt (Youth Welfare Office): Child protection and family counseling
  • Amtsgericht Witten (Local District Court): Applications for protective orders
  • Legal aid services: Assistance for those with limited financial means who need legal representation

Next Steps

If you need legal assistance regarding domestic violence in Witten, consider taking the following steps:

  1. Seek immediate safety if you are in danger - contact the police or a local shelter.
  2. Document any evidence of abuse, such as injuries, messages, photographs, or medical reports.
  3. Contact a specialized lawyer experienced in domestic violence cases for advice and representation.
  4. Apply for a protection order at the local district court if necessary.
  5. Reach out to local counseling centers for additional emotional and psychological support.
  6. Inform trusted friends or family members about your situation for additional support and safety planning.

Remember, you are not alone, and there are legal and community resources in Witten ready to help you. Taking the first step towards seeking help can be challenging, but it is a crucial move towards safety and recovery.

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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.