The first step is to notify the police. If you describe the situation to the police, they can issue a temporary restraining order against the suspected perpetrator. If this happens, the dangerous person is no longer allowed to enter the victim’s home or approach the home or the victim. This temporary restraining order is then valid for two weeks. Within this period, you should in any case apply to the court for an injunction, so that the protection remains in place and is guaranteed without any gaps. Although the police are obliged to investigate on their own initiative and to send a report to the public prosecutor’s office if they themselves are on site and record the facts, it is nevertheless advisable to consult with a lawyer and subsequently file a criminal complaint yourself.
As of September 1, 2021, a dangerous person who is subject to a restraining order must contact the Violence Prevention Counseling Center within five days of being removed and arrange for prevention counseling. If he fails to do so, he violates the order and commits an administrative offense. In the case of a repeat offense, the penalty can be up to EUR 5,000.00.
If the person at risk is a minor, the person subject to the restraining order is also prohibited from entering the school or childcare facility attended.
The victim also has the right, for example, to be notified by the court when an accusedhas been released from pre-trial detention or a convicted person has been released from prison.
