National frameworks in Germany

1. Legislation
2. Law enforcement and protective orders
3. Support for victims
4. Preventive measures
5. Data and research
6. Collaboration with international organisations

1. Legislation

What national laws exist to address and prevent domestic violence?

  • Basic Law for the Federal Republic of Germany (Grundgesetz)
    • Article 1: Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.
    • Article 2: Every person shall have the right to life and physical integrity. Freedom of the person shall be inviolable.
    • Article 3: Men and women shall have equal rights.
  • General Equal Treatment Act (Federal Law, Allgemeines Gleichbehandlungsgesetz AGG, 2006): The Act protects people who are discriminated against on the grounds of race or ethnic background, gender, religion or belief, disability, age, or sexual orientation and aims, among other things, to ensure access to services.
  • The Council of Europe’s Convention on Preventing and Combating Violence Against Women and Domestic Violence – Istanbul Convention was ratified in 2017 and has been law in Germany since 1.2.2018.
  • Act on Protection against Violence (version 10.8.2021) / Gewaltschutzgesetz; GewSchG
  • Since 2015, the European Union’s Victims’ Rights Directive 2012/29/EU has extended the rights, support and protection of victims of domestic violence in criminal proceedings. For example, the Code of Criminal Procedure provides the possibility of co-plaintiffs and also includes numerous protective measures to reduce the burden on injured parties during criminal proceedings. For example, in certain cases it is possible to exclude the public or take special precautions to protect witnesses during questioning. In addition, particularly vulnerable victims are entitled to intensive support from a psychosocial counselling service before, during and after the main hearing.
  • Criminal Code (Strafgesetzbuch StGB): The German Criminal Code criminalises several forms of domestic violence. For example:
    • Section 177: Sexual assault; sexual coercion; rape. Sexual violence is a criminal offense, regardless of whether the victim and offender are married or in a relationship.
    • Section 184i: Sexual harassment
    • Section 185: Insult
    • Section 223: Bodily harm
    • Section 224: Dangerous bodily harm
    • Section 237: Forced marriage
    • Section 238: Stalking
  • German Civil Code (BGB, 2020) Section 1631: “Contents and limits of care for the person of the child”. Children have a right to a non-violent upbringing. Physical punishments, psychological injuries and other degrading measures are not permitted.
  • German Civil Code (BGB) Section 1666: “Family Court measures in the case of endangerment of the best interests of the child”
  • Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction, FamFG (1.9.2009) Section 157: Discussion of Endangerment to the Best Interests of the Child; Interlocutory Order
  • German Civil Code (BGB) Section 1361b: Matrimonial residence when spouses are living apart.
  • German Civil Code (BGB) Section 1568a: Matrimonial residence
  • German Residence Act (Aufenthaltsgesetz) Section 31: The law addresses the independent right of residence of spouses (for example, in cases of domestic violence).
  • Law on compensation for victims of violent offences (Victims Compensation Act – OEG)
  • Act on the Establishment and Operation of a Nationwide Helpline “Violence against Women” (Helpline Act – HilfetelefonG)

How is domestic violence defined in the legal framework of Germany?

The Federal Republic of Germany has no legal definition of domestic violence and no separate law dealing with domestic violence only (German Parliament; WD 7 – 3000 – 032/14).

The Act on Protection against Violence provisions address both, domestic violence and violence outside close relationships.

Section 1 defines violence as the wilful and unlawful violation of the body, health, freedom of sexual self-determination of another person.

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and the Federal Ministry of Justice and Consumer Protection published: „Violence within the meaning of the Act on Protection against Violence means any unlawful physical assault, impairment to the health of or encroachment on the freedom of another with intent, regardless of whether the acts take place within or outside the context of a joint household. Psychological violence is also covered by the Act on Protection against Violence: explicitly in the case of threats and unreasonable harassment, and indirectly when it has led to psychological or physical impairment to the health of another person.”

The Council of Europe’s Convention on Preventing and Combating Violence Against Women and Domestic Violence – Istanbul Convention contains a definition (Article 3).

The Federal Criminal Police Office (Bundeskriminalamt) defines domestic violence for the crime statistics: Domestic violence includes all forms of physical, sexual or psychological violence and includes family and partner violence. Domestic violence occurs when the violence takes place between people who live together in a family or partnership. It also exists if it occurs independently of a shared household within the family or in current or former partnership. Domestic violence therefore comprises two forms, namely partner violence and violence within the family.

Are there specific laws or provisions that protect victims of domestic violence?

  • Act on Protection against Violence (version 3/2017) / Gewaltschutzgesetz; GewSchG
  • European Union’s Victims’ Rights Directive 2012/29/EU
  • German Civil Code (BGB) Section 1666: “Court measures in the case of endangerment of the best interests of the child”
  • Act on the Establishment and Operation of a Nationwide Helpline “Violence against Women” (Helpline Act – HilfetelefonG)

Domestic violence is not a separate criminal offence. However, many acts of domestic violence fall under various criminal offences, such as insults, threats, bodily harm, sexual assault and sexual abuse, damage to property, coercion, deprivation of liberty or stalking.

2. Law enforcement and protective orders

Are there specialised units or protocols for dealing with domestic violence cases?

If a punishable offence has taken place, such as physical assault, coercion, rape or encroachment on freedom, the police are required to file a complaint. Those offences are prosecuted ex officio as official offences. A medical documentation of injuries can be commissioned.

According to PDV 382 (police regulations), the police are obliged to inform the responsible Youth Welfare Office in cases of domestic violence in families with children.

The information about domestic violence through police or court starts proceedings at the family court in accordance with Sections 1666, 1666a BGB and Section 157 FamFG. The family court must carry out investigations ex officio. If the child’s welfare is at risk, the family court must take the necessary protective measures to avert danger. A temporary injunction to protect the child must be examined.

With the victim’s consent, police inform a counselling centre (pro-active-programme).

The police can also evict a person from home or another area. Some Federal States (Bundesländer) have explicitly authorised the police in their police laws to carry out such “apartment evictions” for several days to enable victims to obtain advice during this time and, if necessary, take steps under civil law and obtain court protection orders (for example: Section 29 and 29a; General Act for the Protection of Public Safety and Order in Berlin ASOG, 2006).

A victim is entitled to various rights in criminal proceedings.

  • As particularly vulnerable victims, victims of domestic violence are notified of the offender’s release from custody upon request.
  • Psychosocial assistance in legal proceedings (Section 406g Code of Criminal Procedure and Law on psychosocial trial counselling in criminal proceedings (PsychPbG))
  • Victims may be eligible for legal costs assistance (Section 114 Code of Civil Procedure)
  • Protected witness room

What types of protection orders are available for victims of domestic violence?

Act on Protection Against Violence – GewSchG

Section 1: Protection orders

The violent person is prohibited from

  • coming within a certain proximity of the victim’s dwelling determined by the court,
  • visiting places that are frequented by the victim (including the victim’s workplace, the kindergarten or school of the victim’s children, but also leisure facilities used by the victim),
  • making contact with the aggrieved person (this applies to means of contact of every kind including the telephone, telefax, letter or email),
  • meeting the victim (if this should happen, the violent person is required to leave without delay).

This is not a definitive list.

Section 2: The core element of the Act on Protection against Violence is its provision on the allocation of the home.

3. Support for victims

What support services are available for victims of domestic violence in Germany?

Information, overview and searching machines/databases on the Internet

Police 110 nationwide

Nationwide Hotlines: anonymous and free of charge

Local support in many cities and communities

  • Shelters, local hotlines rape crisis centres and 750 specialised counselling centres
  • LSBTTIQ (LGBTQI*): Online, E-Mail, chat, by phone, anonymous and free of charge in Baden-Württemberg
  • Documentation of injuries, securing of evidence and treatment in hospitals/emergency rooms

Are there sufficient numbers of shelters or safe houses for individuals fleeing domestic violence situations?

In Germany, women affected by violence and their children have access to around 400 shelters and over 40 women’s refuges with more than 6000 places. More than 14,000 places in shelters are still needed in Germany.

There are currently five shelters for men with 48 places. The Federal Specialist and Coordination Centre for the Protection of Men from Violence (BFKM) assumes a current need for up to five shelters per federal state (Bundesland) (n=80), depending on population density and size.

How is counselling or psychological support provided to victims?

  • State-funded specialised counselling centres and rape crisis centres in cities and regions, they are anonymous and free of charge, different languages.
  • Psychotherapy and trauma therapy is financed by health insurance The type of the psychological therapy provided varies according to the services providing the assistance.
  • 24/7 Helplines nationwide and regional
  • Increasing number of specialised organisations for victims, migrants, victims with handicaps, LGTBIQ* and men
  • Proactive-programs between police and counselling centres, in progress: between emergency rooms and counselling centres

4. Preventive measures

What national initiatives or programs exist to prevent domestic violence?

  • The German Institute for Human Rights has been entrusted by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth with the independent monitoring (reporting) of the implementation of the Council of Europe’s Istanbul Convention in Germany and has set up a reporting office for this purpose on November 2022.
  • German Istanbul Convention Alliance; Alternative Report on the Implementation of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (2021)
  • “Stronger than Violence” (Stärker als Gewalt) is a nationwide initiative launched by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (Bundesministerium für Familie, Senioren, Frauen und Jugend, BMFSFJ) and offers many information on the topic of violence on its website, as well as various contacts for help, counselling and support. “The initiative is embedded in an overall Federal Government programme on combatting violence against women and their children in the context of implementing the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, as well as the Coalition Agreement. Since 2018, the Round Table of Federal Government, States and municipal authority representatives has been working to significantly strengthen and improve the existing support network. The Federal Ministry for Women’s Affairs plans to use the Federal funding programme “Together against Violence against Women” (Gemeinsam gegen Gewalt an Frauen) to provide an additional 120 million euros from 2020 across four years for the expansion of counselling centres and women’s shelters. Furthermore, non-constructional, innovative measures for advancing support services will also be funded“.
  • Concept for the prevention of (domestic) violence in schools (2007)

Are there educational campaigns aimed at raising awareness about domestic violence in Germany?

  • Campaign “Suse” by the Federal Association of Women’s Counselling Centres and Women’s Helplines (Bundesverband Frauenberatungsstellen und Frauenennotrufe bff): Suse focuses on the rights of women and girls with disabilities and aims to improve access for help.
  • “Superheroine against violence” – a bff campaign since 2015
  • Protection and help in cases of domestic violence – An interdisciplinary online course since 2022
  • Police crime prevention programme of the federal states and the federal government (ProPK)
  • As part of the “Together against violence against women” action programme, the “Stronger than violence” initiative provided information about different forms of violence and showed ways in which violence can be ended (during the pandemic 2020).

How does the government work with NGOs and other organisations to address domestic violence prevention?

  • Working group consisting of Federal Ministries, representatives of the federal states and municipalities and NGOs (Bund-Länder-Arbeitsgruppe) since 2020
  • Regional Round Tables on domestic violence to coordinate and improve support and to build up professional networks
  • The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (Bundesministerium für Familie, Senioren, Frauen und Jugend, BMFSFJ) or federal states (Bundesländer) fund intervention and prevention projects that form networks and further develop measures, campaigns, professional cooperation and support services.

5. Data and research

Is there ongoing research on the causes and effects of domestic violence? How regularly is information on domestic violence updated and made publicly accessible?

  • The Federal Government Publication Centre offers studies and materials for download on the Internet.
  • An important statistical publication on the topic of violence in couple relationships is the “Criminal Analysis – Intimate Partner Violence”, which has been published annually by the Federal Criminal Police Office since 2016.
  • Grevio report on the implementation of the Istanbul Convention
  • Criminal statistics (Criminal Police Office, BKA), yearly. A report in close coordination between the Federal Ministry of the Interior and (BMI), the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ) and the Federal Criminal Police Office (BKA) has been published for 2022. The offences of domestic violence are now also considered in a separate chapter, so that this report provides an overview of the situation regarding domestic violence as a whole.
  • The study “Life situation, safety and strain in everyday life” is currently underway as a joint project of the Federal Ministry of Family Affairs, the Federal Ministry of the Interior and the Federal Criminal Police Office (BKA). The aim is to survey 22,000 people across Germany. The first results should be available in 2025.
  • Gesundheitsberichterstattung. Federal Health Reporting (Gesundheitsberichterstattung des Bundes, GBE)

6. Collaboration with international organisations

Is Germany involved in any international collaborations or partnerships to address domestic violence? How does Germany engage with global initiatives focused on combating domestic violence?

The Federal Ministry for Economic Cooperation and Development (BMZ) supports partner countries with numerous projects to better protect girls and women from gender-based violence. In addition, the BMZ is supporting the UN Trust Fund to End Violence against Women and Girls and the Joint Programme to End Female Genital Mutilation of UNFPA and UNICEF with almost 10 million euros until 2024.

Germany advocates for gender equality and the protection of women’s rights in United Nations bodies. Germany has been a member of the Commission on the Status of Women again since April 2019.

UN Women and UN „Generation Equality”-Process

Are there specific international conventions or treaties related to domestic violence that Germany has ratified or adopted?

  • Convention for the protection of human rights and fundamental freedoms (European Convention on Human Rights), ratified 1953
  • Germany ratified the UN-Convention on the Elimination of All Forms of Discrimination Against Women, CEDAW in 1985
  • UN-Convention on the Rights of the Child, ratified 1992
  • UN-Convention on the Rights of Persons with Disabilities, ratified 2009
  • Council of Europe Convention on Action against Trafficking in Human Beings, ratified 2012
  • The Council of Europe’s Convention on Preventing and Combating Violence Against Women and Domestic Violence – Istanbul Convention ratified 2018
  • The European Social Charter (RESC), ratified 2021