Everything You Need to Know About Repeated Violations and Aggravated Imprisonment (§ 4 GewSchG)

Everything You Need to Know About Repeated Violations and Aggravated Imprisonment (§ 4 GewSchG) in Germany

In cases of domestic violence or violence in close personal relationships, protection orders (Schutzanordnung) and no-contact / restraining orders (Kontaktverbot) are powerful legal instruments to protect victims.
However, some offenders repeatedly violate these court orders, exposing the victim to ongoing danger and psychological pressure.
This is where Section 4 of the Protection Against Violence Act (Gewaltschutzgesetz – GewSchG) becomes particularly important, as it provides for strict sanctions, including aggravated imprisonment in serious cases.

What is the Protection Against Violence Act (Gewaltschutzgesetz – GewSchG)?

The Protection Against Violence Act came into force in 2002. Its purpose is to give victims rapid and effective protection, for example through:

• orders to evict the perpetrator from the shared home

• no-contact and restraining orders prohibiting the offender from approaching the victim

• bans on contacting the victim via any means of communication

The law focuses on protecting the dignity, physical integrity and safety of the victim and aims to ensure that they can live without constant fear and threats.

What is considered a violation under § 4 GewSchG?

Under § 4 GewSchG, an offender commits a criminal offence if they intentionally violate a court-issued protection order, for example by:

• approaching the victim’s home, workplace or usual places of stay

• attempting to contact the victim by any means
  (phone calls, text messages, emails, social media, or via third parties/“intermediaries”)

• entering or remaining in a defined area from which they have been explicitly banned

When is a violation considered “repeated” and serious?

The law does not define a specific minimum number of violations.
In practice, however, a violation is considered repeated and serious when:

• the breaches occur several times, particularly after a court warning or previous police intervention

• the violations are clustered within a short period of time

• they are accompanied by threats of violence or the use of weapons

• children are directly or indirectly affected by these violations

In such circumstances, authorities tend to impose stricter penalties and consider the behaviour a sign of ongoing danger to the victim.

What penalties are provided for in § 4 GewSchG?

Section § 4 GewSchG provides that violation of a protection order can lead to:

• imprisonment of up to one year, or

• a monetary fine

If the violations are combined with other criminal offences, such as:

• threats

• bodily harm

• stalking or coercion

then the provisions of the German Criminal Code (Strafgesetzbuch – StGB) may apply, which can result in much harsher penalties, including several years of imprisonment.

What happens in practice after a violation?

Once a protection order has been violated, the following steps are typically relevant:

• Immediate report to the police:
  The victim or any witnesses should inform the police immediately whenever a violation occurs.

• Possible immediate arrest of the offender:
  In situations of acute danger, the police may take the offender into police custody (Gewahrsam) to protect the victim and prevent further escalation.

• New criminal proceedings:
  A separate criminal proceeding may be initiated for the violation of the protection order – in addition to any ongoing cases against the offender.

Additional protection for victims after repeated violations

In light of repeated breaches, the court may:

• extend the duration of existing protection orders

• expand the geographical scope of the order, for example to cover the area around the children’s school, the victim’s family members, or other important locations

• issue special protection orders for children, if they are affected physically or psychologically

Why is documentation so important?

For effective prosecution and to convince the court, it is crucial that the victim:

• records every attempt at contact or unlawful presence by the offender (date, time, place, type of contact)

• keeps messages, screenshots, emails, photos, audio messages or any other evidence

• notes all police reports and keeps file numbers (Aktenzeichen), in order to present a complete and coherent history of violations

Conclusion

Repeated violations of protection orders are not minor infractions – they pose a direct threat to the victim’s safety and mental health.
For this reason, § 4 GewSchG provides for strict sanctions, including aggravated imprisonment, in order to deter offenders and strengthen protection for victims.

If you are a victim of such behaviour, remember:

• Reporting every incident and carefully documenting everything is key to legal protection.

• German law clearly stands on the side of victims and offers a wide range of protective and punitive instruments.

Important German terms

• § 4 GewSchG: Section 4 of the Protection Against Violence Act

• Gewaltschutzgesetz (GewSchG): Protection Against Violence Act

• Schutzanordnung: protection order issued by a court

• Kontaktverbot: no-contact / restraining order

• Gewahrsam: police custody / preventive detention in police hands

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The website’s team of writers and editors strives to provide accurate information based on thorough research and consultation of multiple sources. Nevertheless, errors may occur or some details may not yet be fully confirmed. The information contained in this article should therefore be regarded as an initial point of reference; for binding and up-to-date information, you should always consult the competent authorities and professional legal experts.