Children enrich the family, and when separated, their relationships with parents and former spouses are therefore often the subject of heated disputes. Parents must, however, observe the legal rules and may not – for example – take their child with them to their home country without the consent of their partner in order to keep it with them there.
In the current – Corona – time it is inevitable that families move closer together. In every family, conflicts are part of everyday life, because where people live together on a daily basis, differences of opinion, tensions and disagreements cannot be avoided. Everyone deals with such situations differently. There are limits to how far differences of opinion can be dealt with where mistreatment, physical injury, threats or the like occur. Nobody has to endure this. The Protection against Violence Act offers protection here, because it protects victims under civil law against maltreatment, bodily injury, threats.
Victims or their relatives should not be afraid to call the police immediately in such a case. The police can immediately issue a temporary ban on contact or temporary detention to the person from whom an acute danger to health, life or freedom emanates and immediately expel the perpetrator from the home for a certain period of time (initially for 14 days). However, these measures are not permanent. Only the court can order longer-term measures. A decision can be made quickly by way of summary proceedings.
Seek legal advice.
We rightly talk about these topics in our Round Table meetings. The Round Table is an action of Herfurth & Partner and serves to clarify and secure wishes and decisions in the family in connection with assets, provision and succession.
The next dates can be found in the Round Table section (welcome homepage).
Further information on many topics can be found in the Publications section (welcome homepage).
Angelika Herfurth
Attorney at law and specialist lawyer for family law