1. The Protection against Violence Act
Gesetz zum zivilrechtlichen Schutz vor Gewalttaten und Nachstellungen
The Protection against Violence Act is a German federal law that was passed to improve the civil processes for protection in the event of acts of violence and pursuit and also to facilitate the removal from the marital home in the case of separation. This act has been in force since the beginning of 2002.
Präsentation für EU-Projekt Häusliche Gewalt in Villigst

2. Surrender of a jointly used dwelling place (§ 2 GewSCHG)
“The assaulter leaves, the victim stays!“
With this removal from the marital home, the state emphasises that domestic violence is neither a family-internal, private matter nor is it a trivial offence, but rather a crime.
The victims of domestic violence – mainly women – can now avail of better protection. The woman who has experienced domestic violence or been threatened by it, is not the party who has to leave the joint home / house, but rather the offender.
The basis for claiming the – at least temporary – surrender of the jointly used home is given once the injured party keeps a permanently established common household with the offender.
The new element in this law is thus the approach: “The assaulter leaves, the victim stays!” It is now easier for the injured party to put through an urgent order of the court to the effect that the joint domicile is to be allocated to them for their own use either for a specific period of time or permanently (§ 2 GewSchG). This is in particularly important whenever there are children living in the household. They no longer learn that their father can remain in the house or flat and they have to leave friends, school, their home; instead, their father now has to go – what he did was not right .
This potential allocation to the victim is no longer limited to marital homes alone, but also applies to any co-habitation communities that have been set up on a permanent basis.
Most of the federal states have also amended their police laws on the basis of the Protection against Violence Act. The police consequently have the express authority to intervene and remove the assaulter from the home.
In the event of acute domestic violence, the police may remove the offender from the vicinity of the victim, even before a court order has been issued. In his coming talk, Mr Beenß is sure to refer to this.
Presentation for EU Project Domestic Violence in Villigst

3. Acts of violence within the meaning of the Protection against Violence Act
Physical injury, violation of health or freedom
Threatening to commit such injuries or violence
Persecution or harassment
On the one hand, these laws are intended to provide a clear legal foundation for protection orders issued by the civil court in the case of intentional, illegal bodily harm or violations of the health or freedom of another person, including the threat to commit such injuries. Protection orders in accordance with the Protection against Violence Act may also be issued in the case of unacceptable harassment.
Präsentation für EU-Projekt Häusliche Gewalt in Villigst

4. Court Protection Orders (§ 1 GewSCHG)
Ban on entering the joint home
Ban area surrounding the domicile
Contact ban
Ban on approaching the other person
Removal from the jointly used home
Court protection orders
- Forbid the assaulter to enter the home of the injured person,
- Set up a ban area around the home: The offender is not allowed to approach the victim or remain within the vicinity of the victim’s dwelling place and must stay outside a distance to be determined by the court,
- Contact ban, if the ban also forbids the offender to make contact with the person concerned (no matter whether by phone, , fax, SMS or other means of telecommunication),
- Ban on approaching the victim: forbids any encounter with the victim or going to places to which the victim regularly goes (e.g. kindergarten, place of work, etc.),
- Temporary allocation of the jointly used residence to the victim
Protection orders are as a rule issued for a fixed term, although they can be extended if the legal circumstances continue.
In this way, the Protection against Violence Act not only reinforces the protection given to the victims of domestic violence in the sense of support to women who are being abused in their partnerships; the new provisions additionally encompass practically everybody who is subjected to violent assault or unacceptable harassment such as, e.g., constant pestering and pursuit by others (stalking).
Präsentation für EU-Projekt Häusliche Gewalt in Villigst

5. Implementation of these laws in the case of domestic violence
- Immediate removal of the offender by the police
- Unbiased counselling on request
Allocation of joint home possible (urgent application within 10 days)
Protection orders possible
From a practical viewpoint, the injured party can within 10 days lodge an application at the local court to have the marital home allocated to her. The women can make use of this time to make a decision about her future life.
On request, she can avail of prompt professional advice through the Women’s Refuge or a women’s counselling agency. Contact is made by the police sending a brief fax to the Frauenhaus/counselling agency. The staff show the injured party the options and steps available, taking due account of the current circumstances, e.g. application for allocation of the marital home, ban on the offender approaching her, contact to further counselling agencies (see protection order).
The court then decides on the application within the following 10 days.
Präsentation für EU-Projekt Häusliche Gewalt in Villigst

6. Round table for enforcing the Protection against Violence Act
Networking
Cooperation
Exchange of information
Brief procedures
Advanced training
PR work
To ensure that the Protection against Violence Act is put into practice in the most efficient way, it is practical to achieve optimal on-site procedures in order to provide the victims with better, more direct and more effective help. Against this background, the Round Table for enforcing the Protection against Violence Act in the north and south of the administrative district was established in 2002.
The Round Table is attended by representatives of the public prosecutor’s office, police, family welfare agencies, youth authorities, women’s counselling agencies, communal equality offices, women’s refuge, immigration office, health authorities, and others. The Round Table convenes twice a year.
Appropriate further training sessions have already been conducted and a variety of information material prepared on the current topic.
Präsentation für EU-Projekt Häusliche Gewalt in Villigst

7. Penal provisions (§ 4 GewSCHG)
Anybody who acts in contravention of a specific enforceable order (…) shall be punished by serving a prison sentence of up to one year, or by paying a fine.
If an offender violates any of the bans, he becomes liable for prosecution. In such a case, the law provides for prison sentences of up to a year, or a fine.
Präsentation für EU-Projekt Häusliche Gewalt in Villigst