Restraining Order Template for Germany

A Restraining Order (einstweilige Verfügung) is a court-issued directive that protects people from harassment, threats, or violence. In the German legal system, these orders create immediate legal boundaries - typically preventing someone from contacting, approaching, or visiting specific locations related to the protected person.

Under German civil law, victims can request these orders from local courts (Amtsgerichte) when facing domestic violence, stalking, or threatening behavior. The court usually decides within 24-48 hours, and violations can lead to fines or imprisonment. The order remains valid until the court changes or cancels it, offering crucial protection while longer-term legal solutions are pursued.

You need a Restraining Order when facing immediate threats to your safety or well-being in Germany. Common situations include experiencing domestic violence, persistent stalking, harassment at work or home, or credible threats of physical harm. The key is to act quickly when you feel your personal safety is at risk.

Getting a Restraining Order makes sense if someone repeatedly shows up at your home or workplace uninvited, sends threatening messages, or makes you fear for your safety. The German courts take these situations seriously, especially when there's documented evidence of the threatening behavior. Consider filing when informal attempts to stop the behavior have failed and you need legal protection.

• Personal Protection Orders: Block someone from approaching or contacting you, typically used in domestic violence or stalking cases
• Workplace Restraining Orders: Protect employees from harassment at work, keeping threatening individuals away from business premises
• No-Contact Orders: Prohibit all forms of communication, including phone, email, and social media contact
• Move-Out Orders: Force an abusive person to leave a shared residence while maintaining the victim's right to stay
• Temporary Protection Orders: Provide immediate, short-term protection until a court can hold a full hearing for a long-term order

• Protected Persons: Individuals seeking protection from harassment, violence, or threats - including domestic violence victims, stalking targets, or threatened employees
• Local Courts (Amtsgerichte): Issue and enforce Restraining Orders, evaluate evidence, and determine the scope of protection needed
• Law Enforcement: Enforce the orders, respond to violations, and document incidents for court proceedings
• Legal Representatives: Help victims file requests, gather evidence, and navigate the legal process
• Restricted Parties: People bound by the order who must comply with specific restrictions or face penalties

• Document Incidents: Keep detailed records of all threatening behavior, including dates, times, locations, and witnesses
• Gather Evidence: Collect messages, emails, photos, medical reports, or police reports that prove the threatening behavior
• Personal Details: Compile accurate contact information and addresses for both yourself and the person you need protection from
• Safety Assessment: List specific locations needing protection (home, workplace, school) and desired distance requirements
• Court Filing: Submit your application to the local Amtsgericht with all supporting documentation and precise protection requests

• Identity Details: Full legal names and addresses of both protected person and restricted party
• Protection Scope: Specific prohibited actions, minimum distance requirements, and protected locations
• Duration Period: Clear start date and expiration or review date of the order
• Contact Restrictions: Detailed breakdown of prohibited communication methods (phone, email, social media)
• Enforcement Terms: Consequences for violations and procedures for reporting breaches
• Legal Authority: Reference to relevant German civil code sections (particularly §1004 BGB)
• Court Information: Issuing court's details and case reference number

A Restraining Order differs significantly from a Cease and Desist Order in both scope and application within German law. While both documents aim to stop unwanted behavior, they serve distinct purposes and have different legal implications.

• Legal Authority: Restraining Orders are court-issued directives with immediate police enforcement power, while Cease and Desist Orders typically start as private legal warnings
• Scope of Protection: Restraining Orders focus on personal safety and physical distance, whereas Cease and Desist Orders usually address intellectual property violations or business conduct
• Emergency Response: Restraining Orders can be obtained quickly in emergency situations, while Cease and Desist Orders follow standard legal correspondence timeframes
• Enforcement Mechanism: Violations of Restraining Orders can lead to immediate arrest, while Cease and Desist breaches typically result in civil lawsuits