How can I stop my abusive brother
With the Protection Against Violence Act, the protection options for victims of domestic violence are significantly strengthened and the perpetrators are made more accountable. It enables the family court to prohibit the perpetrator from entering the shared apartment in the long term. This is an important prerequisite for breaking an escalation of violence in the family or relationship. In addition, prohibitions on approaching the violent partner and prohibiting contacts (calls, messages by SMS, fax, e-mail, social networks) and other forms of harassment can be pronounced against the violent partner. In addition, the court can oblige the perpetrator to give the person at risk the shared apartment at least for a limited period (in principle for six months with the possibility of extending it for a maximum of six more months) - regardless of who is the sole or co-owner or who is the owner. The tenant of the apartment is.
Apply for civil protection
You can turn to the family court and apply for a protection order by appearing there in person and / or with the assistance of a lawyer. The family judge can determine that the perpetrator must adhere to protective orders, for example:
- To leave the shared apartment for a longer period of time or permanently,
- to keep a certain distance from the victim or their children or
- to avoid any contact.
A violation of court protection orders is a criminal offense according to § 4 Protection against Violence Act and is punished with imprisonment for up to one year or with a fine. If the perpetrator disregards the protection orders, inform the police immediately! The court has knowledge of the protection order and can take further measures necessary for your protection.
Note that the application for civil protection may be chargeable. You may be entitled to legal aid, please contact the court.
Access rights for children
If the perpetrator has a right of access to a child together, the protection order can be restricted. If there is a threat of further use of force and thus a risk to the child's well-being, the youth welfare office or a lawyer can help ensure that the right of access is only exercised to a limited extent or that it is suspended. Possible regulations are:
- the handover in a protected room,
- the escorted or supervised contact or
- the suspension of contact.
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