👮 Police removal order and ban on returning
In brief
If the police are called because of domestic violence, they can remove the person who poses the danger from the shared home (removal order, in some places also called "Platzverweis" or "Wohnungsverweisung") and forbid them for a certain period from returning (ban on returning). This applies regardless of who is the tenant or owner of the home, and regardless of whether a criminal complaint is filed.
Important: The removal order is not a nationally uniform rule, but is based on the police act of the respective Land (law on averting danger). The exact name, the procedure and above all the duration therefore differ from Land to Land. Do not rely on general information from another Land – if in doubt, ask the local police or an intervention centre about the rule that applies to you.
Step by step
- Call the policeIn an acute incident: dial 110 (see the page "Acute danger").
- Risk assessmentThe police assess the danger on the spot and decide on a removal order.
- Removal order and handing over keysThe person posing the danger must leave the home and is usually asked to hand over their keys.
- Information and referralYou will usually receive an information sheet with contact details of an intervention or specialist advice centre, which in many Länder gets in touch on its own initiative promptly.
- Have it extended in good timeBecause the removal order is limited in time, you should make an application under the Gewaltschutzgesetz before the deadline expires if further protection is needed – the court can order a period of protection going beyond the removal order.
Deadlines
- The removal order is a short-term immediate measure to avert danger – it is not a substitute for lasting protection. Without a follow-up civil-law application (Gewaltschutzgesetz), protection ends when the period expires.
- A breach of the ban on returning is regulated differently depending on the Land (e.g. as an administrative offence or grounds for taking someone into custody) – report every breach to the police immediately.
- The exact legal basis (section in the respective state police act) and the exact maximum duration will be reliably given to you by the local police station or intervention centre – this page deliberately names no state-specific sections, so as not to suggest false precision.
- A removal order does not require a complaint and neither rules out nor requires a later complaint.
In depth · legal basis, figures and practice – for advisers and professionals
Three separate legal routes
The removal order belongs to the police and public order law of the Länder (averting danger) and must be strictly distinguished from civil law (Gewaltschutzgesetz, family court) and from criminal law (investigation of a criminal offence). All three routes can be taken in parallel and do not exclude one another.
Why the rules are inconsistent
Police law in Germany is state law. Each Land has its own police or public safety and order act, in which the removal order is regulated under different names (e.g. "Wohnungsverweisung", "Platzverweisung", "Rückkehrverbot") with maximum durations that sometimes differ. Research that reliably substantiates the exact section number and deadline individually for all 16 Länder could not be completed conclusively for this page; instead of guessing individual state values, this page refers to the general system and recommends asking locally.
Follow-on under the Gewaltschutzgesetz
So that protection does not end when the removal order expires, an application can be made to the family court under the Gewaltschutzgesetz in parallel or afterwards (§§ 1, 2 GewSchG, see separate pages). Many intervention centres actively help to organise this transition in good time.
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.