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Germany Legal Questions answered by Lawyers
Browse our 2 legal questions in Germany and the lawyer answers, or ask your own questions for free.
- Heirat in Kenia
- Bitte senden Sie mir eine Email an rechtsanwaeltin@aydan-adel.de
- Threats to life by Wife
- 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.We at Recososa Law Firm have offices in Luzon, Visayas and Mindanao. We can schedule an initial consultation via Google Meet or Zoom call, or you may visit us physically at our office. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana, or call/text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our Facebook and Google pages below. This will surely inspire us to do more of this here:Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
About Hiring a Lawyer in Husum, Germany
Hiring a lawyer in Husum, a district town in Schleswig-Holstein, follows a straightforward but regulated process typical throughout Germany. Most lawyers ("Rechtsanwälte") operate in private law offices and offer a first consultation, either in person, by phone, or online. You can approach a lawyer directly or be referred by local organizations. Lawyers are obligated to uphold client confidentiality and act in your best interest. Generally, after an initial meeting where you present your issue, the lawyer will explain your options, possible costs, and the next steps. Fee structures are primarily governed by the German Lawyers’ Fees Act ("Rechtsanwaltsvergütungsgesetz" or RVG).
Why You May Need a Lawyer
People in Husum may require legal services for a variety of reasons. Common situations include:
- Civil disputes: Disagreements with neighbors, landlords, tenants, or business partners.
- Family law matters: Divorce, child custody, support, inheritance issues, and more.
- Criminal defense: If accused of a crime or summoned for interrogation.
- Employment law: Unfair dismissal, contract disputes, or workplace rights.
- Consumer protection: Issues concerning defective products, service contracts, or refunds.
- Traffic law: Fines, license suspensions, or car accidents.
- Property and real estate law: Buying or selling houses, land, or handling inheritances.
- Asylum and immigration: Residency, nationality, and visa issues.
Local Laws Overview
Husum is governed by the federal laws of Germany, complemented by the state (Schleswig-Holstein) and local municipal regulations. Key legal frameworks affecting residents include:
- German Civil Code (BGB): Governs contracts, property, family, and succession law.
- Criminal Code (StGB): Regulates offenses and penalties.
- Basic Law ("Grundgesetz"): The German constitution applies to residents' rights and liberties.
- Local statutes: Cover topics such as zoning, housing, noise, rubbish, and animal ownership.
- Schleswig-Holstein State Law: Adds further details in employment, schools, and social issues.
- Court jurisdiction: Civil cases usually start at the Amtsgericht Husum (local court); criminal and family cases likewise begin locally.
Frequently Asked Questions
What qualifications do lawyers in Husum have?
Lawyers ("Rechtsanwälte") in Germany must have completed law studies, passed two state exams, and be admitted to the local bar ("Rechtsanwaltskammer"). Many pursue specialist certifications in specific legal fields.
How much does it cost to hire a lawyer?
Fees are usually regulated by the Lawyers’ Fees Act (RVG), but can vary depending on the complexity of the case and agreement. Some lawyers offer a free initial consultation, while others charge a nominal fee.
Can I get legal aid?
If your income is low, you may be eligible for state-funded legal aid ("Beratungshilfe" or "Prozesskostenhilfe"). Ask the lawyer or the local court (“Amtsgericht Husum”) about the application process.
How do I find a suitable lawyer in Husum?
You can search via the Schleswig-Holstein Bar Association, ask for recommendations, or review lawyer profiles by legal specialty and language skills.
Will my lawyer keep my case confidential?
Yes, German law requires lawyers to uphold strict confidentiality concerning all client information.
What should I bring to my first appointment?
Bring all relevant documents, correspondence, contracts, and identification to help the lawyer understand your situation.
What if I don’t speak German?
Many lawyers in Husum offer services in English; you can specifically request a lawyer who speaks your language.
Do I have to go to court?
Not always. Many disputes are resolved out of court through negotiation or mediation. Your lawyer will advise on the best option.
How long will the legal process take?
The duration varies depending on the complexity and whether the case goes to court. Simple matters can be resolved quickly; others may require more time.
What happens if I lose my case?
If you lose a court case, you may be required to pay some or all of the opposing party’s legal costs. Ask your lawyer for a risk assessment before proceeding.
Additional Resources
If you need more information or support, the following official organizations can help:
- Amtsgericht Husum (Local Court): Official website
- Schleswig-Holstein Bar Association (“Rechtsanwaltskammer”): Official website
- Consumer Advice Centre ("Verbraucherzentrale"): Official website
- Federal Ministry of Justice (“Bundesministerium der Justiz”): Official website
Next Steps
If you require legal assistance in Husum, Germany:
- Identify the area of law concerning your issue (e.g., family, criminal, employment).
- Gather all relevant documents and information relating to your case.
- Contact a local lawyer, ideally one specialized in the relevant field and your preferred language.
- Request a first consultation to discuss your problem, possible solutions, and fees.
- If eligible, apply for legal aid at the Amtsgericht Husum.
- Follow your lawyer’s advice for ongoing communications and deadlines.
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.