Who does the Act protect?

The Act on Protection against Violence (Gewaltschutzgesetz, GewSchG) protects all those affected by violence or the threat of violence. Its provisions address both domestic violence and violence outside close relationships. The Act also offers protection against undue harassment in the form of stalking.

If violence is perpetrated against a child by the child’s parents or other persons having custody, the law on parent and child matters applies. The Act on Protection against Violence does not apply to such cases.

What rights and protections does the Act on Protection against Violence provide?

Court protection orders
Section 1 of the Act on Protection against Violence provides that victims of violence may move for a court protection order. In the protection order, the court imposes the measures that are necessary to prevent further injuries or threats. For example, the court may order that the aggressor refrain from

• entering the dwelling of the victim,
• coming within a certain proximity of the dwelling of the victim,
• visiting certain other places which are frequented by the victim,
• establishing contact with the victim (including by phone, messenger services, letters or e-mail),
• bringing about a meeting with the victim.

The type and scope of the protection measures necessary to keep the victim safe must be determined in the light of the risks and threats present in each individual case.

As a rule, the protection order expires after a specific time period; however, the period may be extended upon motion.

Relinquishment of the dwelling
If the aggressor and the victim maintain a household jointly, the victim can demand to have sole use of the dwelling, at least for a certain time. The principle of “the aggressor goes, the victim stays” aims to protect the victim.

In cases where the victim does not have sole rights to the home (because it is his/her sole property, or on the basis of the tenancy agreement), and both are jointly entitled to the home or only the violent person is entitled, relinquishment of the dwelling can be imposed only for a certain period of time.

What forms of violence are covered by the Act on Protection against Violence?

The Act on Protection against Violence covers injuries to the body, health or liberty of another as well as threats of such injuries. Furthermore, the Act on Protection against Violence specifically covers the unlawful and intentional entering of the victim’s dwelling, as well as the undue harassment of another person against that person’s expressly stated wishes in the form of repeated stalking, including by means of telecommunications, such as telephone or messenger services. The repeated surveillance and observation of a person or attempts to make contact amounting to “telephone terror” may also be covered.

The Act on Protection against Violence does not cover all forms of violence. This does not mean that victims are unable to protect themselves. They may also have a claim for injunctive relief independently of the Act on Protection against Violence and be able to make a motion for a protection order under civil law. Thus, victims are also protected by civil law.

Which court is responsible for imposing protection measures under the Act on Protection against Violence?

The family court, a special department of the local court, is responsible for proceedings under the Act on Protection against Violence. The proceedings begin with the filing of a motion by the person seeking protection. She or he has the choice of making the motion with the court in the district where

• the offence was committed,
• the joint dwelling of the person making the motion and the respondent is located,
• the respondent has his or her habitual place of residence.

As far as is necessary in order to decide on the motion under the Act on Protection against Violence, the court will investigate the relevant facts ex officio – i.e. on its own initiative – following which it will take the measures that are necessary to prevent further injuries in the case at issue.

In the case of an imminent threat, victims can obtain court protection very quickly. To this end, the court can order an interim arrangement by issuing a preliminary injunction. Such an injunction can only be issued for important reasons. As a rule, this is the case when a violent act has been committed or when a violent act is likely on the basis of specific circumstances. When you make a motion for an injunction, you must provide reasons for it, and you must show – for example by submitting documents or providing an affidavit– that the requirements for issuing the injunction have been met. The court must decide on the motion as quickly as possible. In particularly urgent and serious cases, the court can issue the temporary injunction immediately after receiving the motion without a prior hearing of the defendant, i. e. the aggressor.

What happens if court protection orders under the Act on Protection against Violence are violated?

Pursuant to section 4 of the Act on Protection against Violence, violations of court protection orders are punishable by imprisonment of up to one year or by a fine.

If violation of a court protection order is imminent or has already taken place, the police may be called and they are required to intervene to prevent crimes.

In accordance with the provisions on enforcement under civil law, the victim can, in the case of any contravention of the protection order, request the court enforcement officer to enforce the protection measures ordered, even in the face of resistance on the part of the perpetrator, and if necessary with the assistance of the police.

Finally, the family court can impose a fine against the violent person or arrest him or her for contempt of court.

More information

The brochure “Greater Protection in Cases of Domestic Violence” provides information on the requirements for imposing protection measures under the Act on Protection against Violence, as well as practical information on support services and contact points for persons affected by domestic violence. Download the brochure here.

The brochure is also available in English, Turkish, Arabic and Persian: Other languages.

The violence against women support hotline 08000 116 016 offers advice and support in several languages.

Several support organisations have joined forces and founded the initiative "Stronger than Violence". The initiative is specifically directed both atthose affected by domestic violence, and also at those around them. The initiative’s website brings together information on various aid and counselling services.