Protection against violence

Violence protection matters are procedures according to the Violence Protection Act (GewSchG), i.e. those with which the applicant either strives to oblige another not to approach him, to refrain from telephone contact, etc. ( § 1 GewSchG) or to assign the marital home for the purpose of Separate living ( § 2 GewSchG) strives (see. § 210 FamFG ).

Material jurisdiction

Violence protection matters are family matters in accordance with Section 111 (1) No. 6 FamFG, so that the family court has exclusive material jurisdiction .

Local jurisdiction

With regard to the local jurisdiction , § 211 FamFG provides places of jurisdiction at the place where an act is committed within the meaning of § 1 GewSchG as well as at the place of residence of the applicant and the place of residence of the respondent. According to § 211 FamFG, the applicant has the choice between these places of jurisdiction.

Participation of the youth welfare office

According to § 212 FamFG, the youth welfare office is to be involved in proceedings concerning the allocation of the marital home in addition to the applicant and the respondent if a child lives in the apartment in question. If the youth welfare office does not make such an application, it must be heard nonetheless. In these proceedings, he also has his own right of appeal against the decision of the family court.