Wegweiser Domestic violence · Protection & support Deutsch

⚖️ Gewaltschutzgesetz: restraining order and no-contact order

On application, the family court can forbid the violent person to approach you or make contact – regardless of whether you have filed a criminal complaint.

Gewaltschutzgesetz GewSchG Restraining order No-contact order Ban on entering § 1 GewSchG § 4 GewSchG

In brief

Under § 1 of the Protection against Violence Act (Gewaltschutzgesetz, GewSchG), the family court can, on application, order measures if a person has intentionally and unlawfully injured the body, health, freedom or sexual self-determination of another person or has unlawfully threatened to do so. Possible measures include: a ban on entering the home of the injured person, a restraining order (minimum distance), a no-contact order (also by phone, text message, messenger or social media) and a ban on going to certain places where the injured person regularly spends time (e.g. workplace, the children's nursery).

The application is to be made to the competent family court (Amtsgericht) and does not require a criminal complaint. In acute danger an interim order (einstweilige Anordnung) is possible, which the court can also issue without a prior oral hearing.

Step by step

  1. Document the incidentRecord the date, course of events, injuries, threats, messages and witnesses as soon as possible (see securing evidence).
  2. Make the applicationNo particular form is required, legal support is advisable; if your income is low you can apply for legal advice assistance (Beratungshilfe, for the application) or legal aid for family proceedings (Verfahrenskostenhilfe, for the court proceedings).
  3. Fast-track procedure in acute dangerThe court can issue an interim order if the matter is urgent, if necessary without first hearing the person posing the danger.
  4. Wait for the decisionThe court sets the specific bans and their duration; the decision must be served on the person posing the danger in order to be effective and enforceable.
  5. Report breaches immediatelyA breach of the court order is a criminal offence (§ 4 GewSchG) – report every breach to the police and document it.

Deadlines

No statutory application deadline
An application under the Gewaltschutzgesetz can in principle be made at any time, even long after the incident – in practice, however, a prompt application makes sense while evidence is still fresh and in particular to follow on seamlessly from an expiring police removal order.§ 1 GewSchG
Limited in time individually
The court sets the period of validity of the measures in the individual case; an extension is possible if the conditions continue to apply.§ 1 GewSchG
Watch out – common mistakes
  • Under § 4 GewSchG a breach of the court order is punishable by imprisonment of up to one year or a fine – but this applies only if the breach is also reported and proven.
  • The decision must be formally served on the person posing the danger in order to be effective; if their whereabouts are unknown, this can make service more difficult – an advice centre or a lawyer can help here.
  • A restraining or no-contact order does not automatically settle who may stay in the shared home – a separate application under § 2 GewSchG is needed for that (see separate page).
  • The Gewaltschutzgesetz applies regardless of marital status – also to unmarried couples and other household members.
In depth · legal basis, figures and practice – for advisers and professionals

Covered acts of injury (§ 1 GewSchG)

§ 1 para. 1 GewSchG covers intentional, unlawful injuries to body, health, freedom or sexual self-determination as well as unlawful threats of such injuries. § 1 para. 2 GewSchG extends protection to certain cases of unreasonable intrusion into the home or persistent stalking, even if there is (yet) no act of injury in the narrower sense.

Procedure

The family court (a division of the Amtsgericht) is competent, procedurally as a so-called "Gewaltschutzsache" under the FamFG. Where urgent, an interim order is possible; for this it is generally sufficient to make the conditions credible (Glaubhaftmachung), not full proof in the sense of criminal procedure.

Digital and electronic contact

The no-contact order expressly also covers electronic means of communication – text messages, calls, messenger messages and attempts at contact via social networks fall under it, not only appearing in person.

Relationship to criminal proceedings and the removal order

A protection application is possible independently of a criminal complaint and independently of a preceding police removal order. In practice it is often used to extend in time the protection created by a removal order.

Who is responsible
  • Family court (Amtsgericht)
  • Police (in the event of a breach of the order)
Further reading
Allocation of the home after separation because of violencePolice removal order and ban on returningCriminal complaint and criminal proceedings

Quick questions

Worum geht es bei „Gewaltschutzgesetz: restraining order and no-contact order“?
On application, the family court can forbid the violent person to approach you or make contact – regardless of whether you have filed a criminal complaint.
Which deadlines and figures matter?
  • No statutory application deadline: An application under the Gewaltschutzgesetz can in principle be made at any time, even long after the incident – in practice, however, a prompt application makes sense while evidence is still fresh and in particular to follow on seamlessly from an expiring police removal order. (§ 1 GewSchG)
  • Limited in time individually: The court sets the period of validity of the measures in the individual case; an extension is possible if the conditions continue to apply. (§ 1 GewSchG)
What should I do first?
  • Document the incident: Record the date, course of events, injuries, threats, messages and witnesses as soon as possible (see securing evidence).
  • Make the application: No particular form is required, legal support is advisable; if your income is low you can apply for legal advice assistance (Beratungshilfe, for the application) or legal aid for family proceedings (Verfahrenskostenhilfe, for the court proceedings).
  • Fast-track procedure in acute danger: The court can issue an interim order if the matter is urgent, if necessary without first hearing the person posing the danger.
What do I need to watch out for?
  • Under § 4 GewSchG a breach of the court order is punishable by imprisonment of up to one year or a fine – but this applies only if the breach is also reported and proven.
  • The decision must be formally served on the person posing the danger in order to be effective; if their whereabouts are unknown, this can make service more difficult – an advice centre or a lawyer can help here.
  • A restraining or no-contact order does not automatically settle who may stay in the shared home – a separate application under § 2 GewSchG is needed for that (see separate page).
Evidence
  • §§ 1, 2, 4 GewSchG (gesetze-im-internet.de)
  • FamFG, proceedings in protection against violence matters (gesetze-im-internet.de)
As of

As of September 2026. · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.