Right to Protection

ZL2	Abuser must vacate living quarters
ZL3	Abuser must keep his distance
ZL4	Custody of the children
ZL5	Abuser should not see children
ZL6	Compensation for pain and suffering (Schmerzensgeld)
+ Compensation for damages (Schadenersatz)
ZL8	Write down what you remember
ZL9	Photos
ZL10	Certified medical statement
ZL11	Talk to witnesses
ZL12	Divorce

___________________________________________________________________

Z1

The police can evict the abuser from the living quarters for several days and may forbid his return. In cases of corresponding danger, they may also take the man into custody.

Using your civil rights (Zivilrecht), you can do much to protect yourself and your children.
You can file some applications yourself, without a lawyer.
Find out how to do it here. However, we recommend seeking legal advice. If you earn a low income, you can take advantage of legal aid services. You should apply for a qualification certificate from the district court responsible for you.

If you do need a lawyer (Anwalt/Anwältin), then choose one who specialises in family law (Familienrecht).
(Ask the Lawyers' Association (Anwaltskammer) or a counselling centre).
If your income is low, but there is a good chance of a favourable outcome, you will be granted legal aid (Prozesskostenhilfe).

On the left you’ll finda list of your options and how to realise them.

___________________________________________________________________

__________________________________________________________________

Abusers must vacate living quarters

According to the Protection against Violence Act, in an acutely endangering situation, you can apply that the common living quarters be temporarily turned over to you for sole usage.
The duration of this allocation is dependent on questions concerning rent and ownership of the residence.

If you want to permanently use the residence,
the possibilities will be determined based on whether or not you:

• are married to the abuser
• are in a registered partnership
• are living together

It is imperative that you allow yourself to be legally advised.

Z5

Where?
Applications should be filed either at family court or at district court. You can print the applications here.

How?
You have to prove that the man has seriously threatened, molested and abused you.
For this purpose, certified medical statements, witnesses, photographs, a police report of a personal protection order or eviction, and an affidavit are helpful.

Zx5
Application text
__________________________________________________________________

F  

Different forms are required depending on whether or not you had a common household with the abuser, have been living separately for a longer period or only recently, and whether you are a woman or a man:

If you are a woman, please select from the following:

Fx1  Divorce proceedings in progress     (f4)
Fx2  Married, without divorce proceedings (f5)
Fx3a Living separately for less than six months     
Fx3b Living separately for more than six months               
Fx4  Civil union (registered partnership)    
Fx5  How to fill out the forms
Fx6  Print

If you are a man, please select from the following:

(dieselben Links nochmal)

Z6

»Protection order« (Schutzanordnung)
also called »off limits zone«(Bannmeile)

It is possible to prohibit the abuser from contacting you - near your place of work, kindergarden, school, or apartment - so he cannot molest or threaten you.
__________________________________________________________________

Z7

Where: district court (Familiengericht, Amtsgericht). You can print the application here. [Fehlt?]

How: With few exceptions, foreigners receive no Supplementary Welfare Allowance; if they nevertheless receive this aid on a regular basis, their residence permits can be withdrawn..You submit an affidavit (eidesstattliche Versicherung) containing a detailed report on the places and times of abuse, as well as the danger of recurrence. Certified medical statements and witnesses will help convince the court. 

You can print out the application form for a »protection order« (Schutzanordnung) and take it with you to your lawyer.

Fb 

Different forms are required depending on whether or not you had a common household with the abuser, have been living separately for a longer period or only recently, and whether you are a woman or a man:

If you are a woman, please select the following:

living separately for less than six months,  (F1a)

or

living separately for more than six months,
or alternatively: never lived together              (F1b)

If you are a man, please select the following:

Fx5	Tips for filling out the form

__________________________________________________________________

Z8

»Right to determine the place of residence« (Aufenthaltsbestimmungsrecht)

The father can also submit this application, so you should hurry.

Z9

Where
At the judicial application office of family court (Rechtsantragstelle im Familiengerichts) for the district where your children live.

When
The judicial application office is generally open only in the morning! If the children are in danger of being abducted (Entführung der Kinder), you may also ask for a day judge (Tagesrichterin) - or, on Saturdays, for the judge on emergency duty (Richter-Notdienst), who will immediately issue a temporary injunction (einstweilige Anordnung).

How
In your application you must state the reasons why the children are in danger when with your partner.
Your partner will receive written notification about your application. If the court makes an immediate decision on your expedited application, the decision will already be in effect when the man is informed.
However, judges will frequently make a decision only after an oral negotiation where both parents are heard.Zx9
Application form

Fx5	Tips for filling out the form
___________________________________________________________________

z10

Abuser should not be allowed to see the children:

»Suspension of his right to be with the children« (Aussetzung des Umgangsrechts)

If there is a danger that the father uses his visiting rights (Besuchsrecht) to abuse you or the children, you can submit an application for suspension or revocation of his right to be with the children (Antrag auf Aussetzung oder Ausschluss des Umgangsrechts). Alternatively, you may request that a member of the youth welfare office (Mitarbeiterin des Jugendamts) or a similar institution be present during his visits o.a. Einrichtungen stattfinden dürfen (begleiteter Umgang).

Lassen Sie sich unbedingt dazu beraten durch RechtsanwältInnen oder in einer Beratungsstelle, die Rechtsberatung durch JuristInnen anbietet.
___________________________________________________________________

Z11

Compensation for pain and suffering
 (Schmerzensgeld)
You may claim this as personal compensation and for pain caused by injuries.

Compensation for damages (Schadensersatz)
You should demand this compensation for: medical treatment, loss of earnings (Verdienstausfall), torn clothes, damaged objects.

A lawyer or victim protection organisation - such as the "Weißer Ring"- can help you.

"Weißer Ring" quickly offers help to victims of crime and provides information about government aid as stated in the Crime Victims Compensation Act (Opferentschädigungsgesetz).
Bundesweites Info-Telefon: 01803 - 34 34 34
Betroffene, die direkte Hilfe suchen, finden hier Ansprechpartner des WEISSEN RINGS in ihrer Nähe.

Zx11

Weißer Ring
___________________________________________________________________

Z12

To prepare yourself:

You will have to give detailed reasons for your application.
Therefore: 

- write down what you remember
- take pictures of the injuries
- obtain a certified medical statement
- talk to witnesses
 
You can begin doing the above long before you decide whether or not to take legal action.

R4

Write down what you remember:
Make notes whenever the abuser insulted, threatened, or attacked you;
place, time, witnesses.
Your notes can serve as evidence that his violence cannot be attributed to an “isolated incident”.
___________________________________________________________________

R5

Take pictures of injuries and damages
On holiday, it is natural to take pictures of people, objects, places. Now you can do the same to secure evidence. Take photographs of:
 
•  injuries
•  objects he used to hit you
•  damaged furniture, etc.
___________________________________________________________________

R6

Certified medical statement (ärztliches Attest)
A medical statement attesting injuries or a rape is an important piece of evidence in court. Lawful documentation of injuries is important, which means including an explanation of the connections between the causes and the injuries.
Even if you are not sure whether to report the abuser, a medical statement must be made immediately following the offence.

Injuries registered in the medical record (ärztliches Krankenblatt) can be certified at a later time.

R7

Where?
A medical statement can be written by your gynaecologist - ask him/her to preserve the evidence - or by a general practitioner. Any injuries that are not visible should be examined in a hospital emergency room.

Important:
During the examination, point out any injuries and impairments, no matter how small.

___________________________________________________________________

R8

Talk to witnesses
It is not you, but the offender, who should feel ashamed in front of the neighbours.
Therefore ask your neighbours whether they heard or saw anything. Have their observations put in writing, because if the process begins much later, witnesses often no longer remember.
___________________________________________________________________

Z13

Divorce (Scheidung)

If you are thinking about a divorce, you should definitely go to a lawyer. He/she can explain the proceedings to you and tell you what costs you will incur.

If your income is low, you can apply for a "legal advice assistance voucher" (Beratungshilfeschein) at district court, in which case you’ll only be required to pay 10,- € for your portion of the counselling.

___________________________________________________________________