Apartment eviction

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The eviction is a standard police measure for the purpose of averting dangers in the event of domestic violence . The legal basis is the corresponding power standards in the police laws of the federal states for eviction . If an enforceable order has already been issued by a civil court under the Violence Protection Act (GewSchG), in the event of a criminal offense by the perpetrator under Section 4 Clause 1 No. 1 GewSchG, the general clause under police law to prevent or prevent a crime also applies .

The measure is directed against the person who poses a current threat to life, limb or freedom for the person (s) at risk. And this with all types of living and living communities (partners, children, parents) - regardless of the degree of relationship, sexual orientation or ownership. The danger usually presents itself through assault , extortion or threats .

The person concerned can generally be evicted from their home for a period of 10 days and is usually checked several times by the police during this period. In the event of a violation, the person concerned must pay a penalty payment , which is based on the income and the amount of which is determined by appropriate state law provisions. The 10-day period begins at the beginning of the day following the order. The different police laws of the federal states also indicate different deadlines.

The eviction and the ban on return take place in order to interrupt the circle of violence and

to regulate the sole provision of a previously shared apartment.
to have other contact and proximity bans ordered by the local court.
Take measures to protect against re-adjustment.
to provide the endangered person (s) with help and advice centers.

The term “apartment” includes living and ancillary rooms, as well as work, business and business premises, as well as other pacified property.

In exceptional cases, the eviction will only be limited to parts of the apartment. This is particularly the case if the person concerned pursues their job in their home and their presence in the company is essential to maintain their economic livelihood. However, this presupposes that the protection of the endangered person is also guaranteed by this spatially restricted eviction of the person concerned.

Even after a reconciliation between the person at risk and the person concerned, the ban on return will be upheld. Once arranged, the deadline must be observed.

literature

Annette Guckelberger : The eviction from the police . JA 2011, pp. 1–9

Julian Philipp Seibert, Jaschar RA Kohal: The police eviction and the ban on return to protect against domestic violence - to the norms of a standard authority and related legal dogmatic questions. JURA January 2019, pp. 15–27

Individual evidence

↑ Draft of a law to improve civil court protection in the event of acts of violence and stalking, as well as to facilitate the transfer of the marital home in the event of separation BT-Drs. 14/5429 of March 5, 2001, p. 21

↑ Martin Faußner: eviction from home and ban on return via Art. 16 sentence 1 BayPAG Augsburg, Univ.-Diss. 2009, p. 64 f.

[1] Draft of a law to improve civil court protection in the event of acts of violence and stalking, as well as to facilitate the transfer of the marital home in the event of separation BT-Drs. 14/5429 of March 5, 2001, p. 21