Everything You Need to Know About Court Hearings in Domestic Violence Cases in Germany
Domestic violence cases are among the most sensitive and complex matters in the German judicial system. They touch deeply personal and family-related aspects and affect the future of all parties involved – especially children. The court hearing (Gerichtsanhörung) is a decisive step in such cases, whether the goal is to issue protection orders, to deal with criminal charges, or to decide on custody arrangements.
A court hearing is a formal session at court where the parties are heard, evidence is presented and, where necessary, witnesses or experts are questioned. The aim of the hearing is to assess the situation as accurately as possible and to take appropriate decisions, such as issuing:
no-contact or non-approach orders,
an order to vacate or assign the family home,
or other protective measures.
After an application is filed (for example, for a protection order under the Protection Against Violence Act – Gewaltschutzgesetz), the court sends a formal notice to the parties involved. This includes:
the date and place of the hearing,
the subject matter and purpose of the hearing,
the instruction that both parties must appear, with the option to be accompanied by a lawyer.
In urgent cases, the hearing may be scheduled very quickly and with only short prior notice.
1. Opening of the session
The judge opens the hearing, explains its purpose and then asks each party to present their position.
2. Hearing the victim
The victim has the right to present their account in detail and can speak freely, with or without their lawyer present. In some cases, the victim may request to be heard separately to avoid direct confrontation with the perpetrator.
3. Hearing the other party
The accused (or the other party) is then heard. They have the right to defend themselves and to present their own evidence or witnesses.
4. Presentation of evidence
During the hearing, different kinds of evidence can be presented, such as:
police reports,
medical certificates,
reports or statements from the Jugendamt (Youth Welfare Office),
threatening messages or other written documents,
any additional material that supports the allegations.
5. Witness testimony
If the court has summoned witnesses, they will be heard at this stage. Their statements are taken into consideration when the court evaluates the overall situation.
In domestic violence cases, having a lawyer is not always legally mandatory, but it is strongly recommended, because:
the issues are legally and emotionally complex,
the decisions may have far-reaching consequences (e.g. protection orders, custody arrangements),
procedural rules and deadlines must be observed carefully.
After the hearing, the court may order, for example:
a protection order (Schutzanordnung), such as:
a no-contact order (Kontaktverbot),
an order to stay away from the victim or the home,
an order to leave or not return to the shared residence;
temporary custody or access decisions regarding the children,
criminal proceedings or further criminal measures if there is sufficient evidence of a criminal offence,
social support measures, such as referring the parties to counselling centres or ordering participation in anti-violence programmes.
The court issues its decision either immediately after the hearing or within a few days.
The written decision (order) is then sent to both parties. Each party usually has the right to appeal or lodge a legal remedy within a specific time limit – typically two weeks.
Prepare thoroughly with a lawyer or a specialised counselling centre.
Collect and organise all available documents and evidence in advance.
Try to speak calmly and clearly, and avoid being drawn into emotional arguments as much as possible.
If you feel afraid or threatened, ask the court in advance for special protective arrangements during the hearing (for example, separate waiting rooms or separate questioning).
A court hearing in domestic violence cases is a key step towards protection and justice. German law gives the safety of victims top priority and aims to provide a safe and fair environment in which all parties can be heard.
If you are a victim, do not hesitate to seek legal assistance and psychological support – your rights are protected, and the law is on your side.
Key German terms
Gerichtsanhörung: court hearing
Schutzanordnung: protection order
Kontaktverbot: no-contact order
Jugendamt: Youth Welfare Office
Gewaltschutzgesetz: Protection Against Violence Act
The team of authors and editors on this website strives to provide accurate information based on careful research and consultation of multiple sources. Nevertheless, errors or incomplete information cannot be fully ruled out. Please treat the information provided as an initial point of reference and always consult the competent authorities or legal professionals for binding advice.
