⚖️ Gewaltschutzgesetz: restraining order and no-contact order
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
- Document the incidentRecord the date, course of events, injuries, threats, messages and witnesses as soon as possible (see securing evidence).
- 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).
- 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.
- 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.
- Report breaches immediatelyA breach of the court order is a criminal offence (§ 4 GewSchG) – report every breach to the police and document it.
Deadlines
- 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.
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