Do I have to submit a request to prosecute?
No. Stalking under § 238 StGB is an offence prosecuted ex officio: the current version no longer contains any provision requiring a request to prosecute; the former requirement has been removed. As soon as the prosecuting authorities learn of the offence, they must investigate – regardless of whether you submit a request. This means no three-month deadline runs for you either. This is the key difference from simple bodily harm under § 223 StGB, which remains an offence requiring a request to prosecute. Many older guides conflate the two.
Is my case even serious enough?
The threshold is lower than most people think. The offence today requires that someone "repeatedly" stalks a person – the reform replaced the former "persistently" – and that their way of life be impaired to a "not insignificant" degree; previously the impairment had to be "serious". This includes, among other things, approaching someone physically, attempts at contact via telecommunications or third parties, ordering goods under your name, and acts in the digital sphere. If you change your daily routine – your route, your phone number, your working hours – that is exactly the impairment at issue.
Which number can I reach at night?
Staffed around the clock are the emergency number 110 and the Helpline for Violence Against Women on 116 016 – free of charge, anonymous, available 365 days a year and in 18 languages, also for relatives and professionals. The Weisser Ring victim helpline on 116 006 is open to all victims of criminal offences, regardless of gender, but is only available from 7 to 22:00 – a limitation missing from many overviews, where the number is wrongly listed as "around the clock". For men there is additionally the Helpline for Violence Against Men on 0800 123 9900, Monday to Thursday from 8 to 20 and Friday from 8 to 15:00.
What does a protection order cost?
It is not free of charge, even though this is often claimed. Under § 49 FamGKG, the value of the proceedings in protection against violence cases under § 1 GewSchG has, since 1 June 2025, generally been €3,000, and court costs are incurred; the court decides on their distribution at its reasonable discretion. Importantly: the applicant is liable as the first debtor of costs if the respondent does not pay – a right to reimbursement does exist but is often not enforceable. You do not have to pay an advance, because it is a family matter; hence the widespread impression that it is free of charge. If your income is low, apply for legal aid for proceedings – together with the application itself.
What can the police do immediately?
Under the police law of the relevant federal state, immediate measures may be considered: an order to leave a place (Platzverweis), no-contact and non-approach orders and – if you live together – an eviction from the shared home with a ban on returning. Requirements, names and maximum duration vary from state to state, so ask explicitly about them on the spot. These measures take effect immediately and are meant to bridge the time until the local court decides on an order under the Act on Protection against Violence. Often, a so-called formal warning to a potential offender already causes the behaviour to stop – because it makes unmistakably clear to the offender that they are now on record.
How do I keep the stalking diary correctly?
For each incident: date, time, place, exactly what happened, who witnessed it, what evidence exists – and how it affected you and what it changed in your daily life. This last point is most often forgotten and yet crucial, because impairment of the way of life is part of the offence. Write it on the same day, not retrospectively at the end of the month, and clearly mark what has been reconstructed. Number the entries, refer to the related screenshots, and keep a copy outside your home.
Can I stay anonymous?
Not for a formal report – your personal details will be recorded. What you can and should do, however, is explicitly raise when filing the report that the accused should not learn your home address. There is a way to give an address for service instead of your home address, for example through a lawyer or a counselling centre. Say so yourself; it is rarely raised on the authorities' own initiative. Also look into a restriction on disclosure at the population register – the Bürgeramt (citizens' office), not the police, is responsible for this, and it requires you to demonstrate a risk.
What about cyberstalking?
It is covered. The reform explicitly extended the offence to digital conduct – this includes, among other things, acts involving the use of personal data, ordering goods or services under your name, inducing third parties to make contact, and offences under §§ 202a to 202c StGB committed against you, meaning the spying on and interception of data. Secure evidence here with particular care: complete email headers, profile URLs, timestamps, and document deleted content as well through screenshots. At the same time, change your passwords and enable two-factor authentication – access from earlier periods often still exists.
