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Protection order at the family court (Familiengericht)

What happens if he does not comply with it

Family court§ 1 GewSchGInterim relief proceedings possible

The Act on Protection against Violence (Gewaltschutzgesetz, GewSchG) gives the family court the power to prohibit a person from entering the apartment, from staying within a defined radius, or from making contact — including by telephone, message, or through third parties. In addition, under § 2 GewSchG the court can grant sole use of the jointly used apartment. Both are possible in interim relief proceedings, without the opposing party being heard beforehand.

The question that actually concerns those affected is a different one: what happens if he does not comply with it? The common answer names the coercive fine — up to €250,000 under § 890 ZPO, or coercive detention as an alternative. That is correct, but it is the weaker half, and you must apply for it yourself.

The stronger half is in § 4 GewSchG: anyone who contravenes an enforceable order under § 1 Abs. 1 GewSchG is liable to imprisonment for up to two years or to a criminal fine. An infringement is therefore a criminal offence. In practice, this means the police can intervene immediately in the event of an infringement, and the public prosecution office investigates of its own motion — you do not need to bring civil proceedings for this. In an emergency, call 110 and state the existing order.

Last updated28 August 2026
Legal basis§§ 1, 2 GewSchG · § 4 GewSchG
Verification§ 4 GewSchG · § 890 ZPO · FamGKG KV 1320
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Amtsgericht, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
InfringementCriminal offence§ 4 GewSchG — up to two years' imprisonment
Additionally, under civil lawUp to €250,000Coercive fine under § 890 ZPO
Interim relief proceedingsPossible without a hearingInterim order
Required documents

What you need

Description of the incidents with dates

As specific as possible: what happened, when, where, and who witnessed it. To make your account credible, what counts is that each incident can be followed in detail, not a general description of a situation. Keep a continuous written record of events.

Evidence

Photos of injuries with dates, screenshots of messages showing the sender and timestamp, call logs. Store them outside the shared household — on a device or in an account that the other person cannot access.

Medical certificate or documentation

Have injuries medically documented, even if no treatment is needed. Many hospitals offer confidential forensic evidence collection, which allows you to report the matter to the police later without having to decide immediately.

Police case reference numbers

If the police have already attended, note the case reference number. Police removal orders under state law usually apply for only a few days — they are a bridge until the court order, not a substitute for it.

Declaration in lieu of oath

In interim relief proceedings, matters need only be shown to be credible, not proven. Your declaration in lieu of an oath (eidesstattliche Versicherung) describing the course of events is the central means for this; it replaces the taking of evidence, which does not take place in interim relief proceedings.

Step by step

How to proceed

  1. 1

    In acute danger, call the police first

    Call 110. Under state law, the police can issue a removal order that keeps the other person away from the apartment for a few days. This period is deliberately short and is meant to give you time to apply for the court order in the meantime — it does not extend itself automatically.

  2. 2

    File the application with the family court

    The competent court is the family court at the place of the shared home, at the place of the incident, or at the respondent's place of residence. There is no mandatory representation by a lawyer in protection-against-violence matters — you can file the application yourself, including orally for the record at the court's Rechtsantragstelle (legal application office).

  3. 3

    Apply for an interim order

    In urgent cases, the court decides in interim relief proceedings, and in particularly urgent cases without a prior hearing of the opposing party. Make the incidents credible by a declaration in lieu of an oath and supporting evidence; full proof is not required.

  4. 4

    Have the order served

    The order becomes effective against the respondent upon service. Clarify with the court how this is carried out — often through the Gerichtsvollzieher (court bailiff). Only after that can an infringement be prosecuted, because § 4 GewSchG requires an enforceable order.

  5. 5

    In the event of an infringement: call 110 — it is a criminal offence

    State the existing order and the case reference number. An infringement of an enforceable order under § 1 Abs. 1 GewSchG carries, under § 4 GewSchG, imprisonment for up to two years or a criminal fine; the public prosecution office investigates of its own motion. Independently of that, you can apply to the family court for a coercive fine under § 890 ZPO — up to €250,000, or coercive detention as an alternative.

Fee information

Costs and payment

Procedural costsFamGKG KV 1320: 2.0 fee
Value of the proceedings €2,000€206.00
Value of the proceedings €3,000€251.00
LawyerNot mandatory
If funds are limitedLegal aid
Prosecution under § 4 GewSchGOf its own motion, free of charge
Application for a coercive fineSeparate proceedings

There is no mandatory representation by a lawyer in protection-against-violence matters; the application can also be made orally for the record at the Rechtsantragstelle. If funds are limited, legal aid may be available — apply for it together with the application, not afterwards. Criminal prosecution of an infringement costs you nothing.

Good to know

Important notes

An infringement is a criminal offence, not merely a case for a coercive fine. § 4 GewSchG provides for imprisonment of up to two years or a criminal fine; the public prosecution office investigates of its own motion as soon as the police become aware of it.

The coercive fine under § 890 ZPO — up to €250,000 — is the civil-law route and must be applied for by you. Both routes exist alongside each other.

The order takes effect only upon service. § 4 GewSchG requires an enforceable order; clarify with the court, therefore, when and how service will take place.

A police removal order is not a substitute for the court order. Under state law it applies for only a few days and is intended to give you time to file the application.

There is no mandatory representation by a lawyer. The application can be made orally for the record at the Rechtsantragstelle of the Amtsgericht (local court) — this significantly lowers the threshold.

Avoid these mistakes

Common mistakes

Calling the family court instead of the police after an infringement. The infringement is a criminal offence under § 4 GewSchG; the police can intervene immediately, whereas the coercive-fine proceedings take time.

Relying on the police removal order. It applies for only a few days — the court order must be applied for within that time.

Storing evidence only on the shared device. Screenshots and photos belong outside the household, in an account that others cannot access.

Describing incidents only in general terms. For establishing credibility, the date, place and course of each individual incident count; a continuous written record is the most effective means.

Hesitating because of the costs. There is no mandatory representation by a lawyer, the application can be made for the record, and legal aid can be applied for together with the application.

Frequently asked questions

Questions and answers

What happens if he does not comply with the order?

An infringement of an enforceable order under § 1 Abs. 1 GewSchG is a criminal offence: § 4 GewSchG provides for imprisonment of up to two years or a criminal fine. The police can intervene immediately, and the public prosecution office investigates of its own motion. In addition, you can apply to the family court for a coercive fine under § 890 ZPO — up to €250,000, or coercive detention as an alternative.

Do I need a lawyer?

No. There is no mandatory representation by a lawyer in protection-against-violence matters. You can file the application yourself, including orally for the record at the Rechtsantragstelle of the Amtsgericht. Legal support is nonetheless helpful, and if funds are limited, legal aid may be available.

How quickly does the court decide?

In urgent cases, by way of an interim order, and in particularly urgent cases without a prior hearing of the respondent. There is no statutory deadline, and the duration depends on the individual case. For the time until the decision, the police can, under state law, issue a removal order.

Can the shared apartment be allocated to me?

Yes, under § 2 GewSchG the court can grant sole use of the jointly used apartment — regardless of who is the tenant or owner. For unmarried couples, the grant of use is limited in time; for spouses, allocation of the home under the family-law provisions may additionally be considered.

How much does the procedure cost?

Under FamGKG KV 1320, the court fee is 2.0 times the fee under the fee table; at a value of the proceedings of €2,000, that is €206.00, and at €3,000, €251.00. There is no mandatory representation by a lawyer. If funds are limited, legal aid may be available and must be applied for together with the application. Criminal prosecution of an infringement costs you nothing.

From when does the order apply?

Against the respondent, upon service. Only then does an enforceable order exist, to which § 4 GewSchG attaches criminal liability. Clarify with the court, therefore, how and when service will take place — this is often done through the Gerichtsvollzieher, and until then, at most a police removal order applies.

Related official procedures

Preliminary injunction
Amtsgericht (local court) up to a value in dispute of €10,000
Interim relief proceedings
File for divorce
Family court — mandatory representation by a lawyer
Based on the value of the proceedings
Beratungshilfe (advisory assistance)
Personal contribution €15, waiver possible
€15

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