Everything You Need to Know About Physical Domestic Violence and Its Penalties Under § 223 StGB

Everything You Need to Know About Physical Violence Within the Family and Its Punishment Under § 223 StGB

Physical violence within the family is one of the most serious forms of domestic violence in Germany, as it leaves deep psychological and bodily scars on victims – especially women and children. The German legislator has strongly prioritised the fight against such acts through strict legal provisions, in particular Section 223 of the German Criminal Code (Strafgesetzbuch – StGB).

What is meant by physical violence within the family?

Physical violence within the family includes any behaviour that causes bodily harm to a family member or partner – whether through hitting, pushing, punching, kicking, or any other act that leads to physical injury, even if it appears minor.
There is no requirement for serious or visible injuries to be present; causing physical pain alone is sufficient to trigger criminal liability.

Legal framework: § 223 StGB

Section 223 StGB states that anyone who physically assaults another person or damages their health is liable to imprisonment of up to five years or a fine.
This also fully applies to cases of physical violence within the family. Such acts are not tolerated, even if they occur between spouses or partners.

German law follows a “zero tolerance” approach to domestic violence and treats any form of physical assault as a separate criminal offence, regardless of family relationship or shared household.

When do the authorities intervene?

As a rule, the police and public prosecutor’s office become active as soon as a report of physical violence is received – in particularly serious cases even if the victim does not file a formal complaint.
At the scene, the police can immediately order the removal of the perpetrator from the home (Wegweisung) to protect the victim, based on the Protection Against Violence Act (Gewaltschutzgesetz).

Penalties and legal consequences

The penalties under § 223 StGB range from fines to terms of imprisonment, depending on the severity and frequency of the offence. In cases of repeated assaults or serious injuries to the victim, the sentence can be increased to several years of imprisonment.

In addition to criminal penalties, the perpetrator may face civil-law consequences, such as:

payment of compensation and damages to the victim

loss of the right to remain in the shared home

imposition of no-contact orders with respect to the victim or children

How are victims protected?

Germany provides a wide network of protection and support mechanisms, including:

women’s shelters and protection facilities for women and children (Frauenhäuser)

free hotlines and emergency services available 24/7

free psychological and legal counselling services

the possibility to obtain fast court-issued protection orders

Victims have the right to apply to the court for an order of protection, such as an Annäherungsverbot (restraining order) or Kontaktverbot (no-contact order), to strengthen their legal protection.

Role of the Youth Welfare Office (Jugendamt)

Where children are involved, the Jugendamt (Youth Welfare Office) often intervenes automatically to ensure their safety. In urgent situations, this may go as far as removing children from the dangerous environment or restricting or withdrawing parental custody.

Psychological and social impact

The consequences of physical violence go far beyond bodily injuries. They include the destruction of trust within the family, serious psychological strain, and an increased risk of children developing long-term psychological and behavioural disorders.

Practical steps for victims

Experts recommend that victims take the following steps to protect themselves:

In acute danger, call the emergency number 110 immediately.

Seek out the nearest specialised counselling centre.

Preserve evidence (photos of injuries, medical reports, threatening messages).

Reach out for support from friends, relatives, or specialised organisations.

Conclusion

Physical violence within the family is a serious criminal offence in Germany and is prosecuted under § 223 StGB without leniency. Protecting victims and ensuring their safety is a top priority, and there is a comprehensive system of laws and services in place to support anyone facing this type of violence. If you or someone you know is affected, do not hesitate to seek help – the law is on your side.

Key German terms

Körperverletzung: bodily harm / physical assault

Strafgesetzbuch (StGB): German Criminal Code

§ 223 StGB: provision on simple bodily harm

Gewaltschutzgesetz: Protection Against Violence Act

Wegweisung: order to remove the perpetrator from the shared home

Annäherungsverbot: restraining order / no-approach order

Kontaktverbot: no-contact order

Jugendamt: Youth Welfare Office

The editorial team of the website strives to provide accurate information based on thorough research and various sources. Nevertheless, errors or incomplete information cannot be completely ruled out. Please treat the information in this article as an initial guide and always consult the competent authorities or legal professionals for binding and up-to-date advice.