Ban on contact (civil law)
- Not to be confused with contact blocking
A contact ban is the ban on contacting the victim (also by phone, email, etc.) or approaching him and / or his home in a certain area. This also includes going to certain other places, including those open to the public, where the victim regularly stays.
In private law , a ban on contact is a ban imposed by a local court on a decision or judgment (protection order § 1 and § 2 GewSchG), which can be pronounced at the request of the plaintiff. Furthermore, the police can issue a ban on contact as part of the danger prevention.
It only applies to relationships between natural persons and is usually limited in time. Judicial protection orders always contain a regulation according to which a fine is due if the defendant disregards the prohibition. Furthermore, this violation is a criminal offense; there is no requirement for a criminal complaint.
The reason is to protect the victim from impairments or damage such as harassment, attacks , deprivation of liberty and stalking by the aggressor. These measures therefore serve to prevent this. A simple hazard prognosis is sufficient for issuing a ban on contact . Here, for example, the behavior of the aggressor in the past and his current emotional state should be checked. From the point of view of the person concerned, it is important to obtain an interim order immediately or to involve the police in advance in order to avoid further consequences from undesired contacts.
Contact bans by the courts are possible within the framework of the Protection against Violence Act or the BGB → injunction .
The police often issue a ban on contact even without an application if this is necessary in order to avert danger ( e.g. domestic violence , stalking ).
The dismissal by the police is not a ban on contact, but it can also be pronounced.
Individual evidence
- ↑ Violence Protection Act. BIG eV, accessed on June 18, 2016 .
- ↑ Domestic violence. Bavarian Police, accessed on December 29, 2014 .
- ↑ Ulli Schauen: No contact for thugs. In: The time. April 1, 2004, accessed December 29, 2014 .
