Expulsion from home and ban on return

The NRW Police Act was amended at the same time as the introduction of the Protection against Violence Act in 2002 in order to improve protection and assistance for victims of domestic violence.

According to this law, the police can immediately expel the perpetrator from the home and issue a 10-day ban on returning. Because:

Whoever hits has to leave, the victim stays in the home.

When leaving the apartment, the perpetrator can take urgently needed items with him/her in the presence of the police. The key to the apartment is handed over.

The basis for such a measure is the police's assessment of the risk situation. The ban on return is checked by the police.

This period is intended to allow the victim to calm down, receive advice and take further steps, such as applying for a restraining order under the Protection against Violence Act.

When does § 34a of the NRW Police Act apply?

The prerequisites are

• a current danger
• to the life, limb or freedom of a person
• in the domestic community or in a domestic relationship in which the person at risk lives
  due to domestic violence.

The condition is that the danger to life, limb or freedom of a person exists in the domestic community or in the domestic relationship. The authorization only applies if the person at risk (not necessarily the perpetrator of the violence!) lives permanently in the home in which the facts giving rise to the danger occur."
(Source: Allgemeines Verwaltungs- und Eingriffsrecht im Polizeidienst Volume 2, 2002, p. 292)

The following measures are possible:

• The police may enter the home and search it if necessary.
• The offense is prosecuted by the police even without a criminal complaint from the victim, although a criminal complaint from the victim is required for certain offenses.
• The police can immediately expel the perpetrator from the shared home for up to 10 days in accordance with Section 34a of the NRW Police Act and issue a ban on return. The victim may remain in the apartment.
• If the perpetrator violates the ban on return, coercive measures such as a fine or detention can be taken.
• The ban on return is checked by the police at least once during its validity.
• During this time, the offender may only visit the home when accompanied by the police and only to retrieve urgently needed items. He must provide credible evidence of this.
• If necessary, the offender must hand over the house and apartment keys to the police.

Note: The police alone assess the danger and will enforce a ban on return and prosecute the offense accordingly - regardless of whether the victim wants this or not.
(Source: "Domestic violence and police action", p. 25)

NRW Police Act (German law text)