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The person hitting has to leave. The victim stays at home.
Since 01.01.2002, the Protection against Violence Act has been supplemented by Section 34a of the Police Act in North Rhine-Westphalia in order to improve protection and assistance in cases of domestic violence.
It authorizes the police to ban a person immediately from a residence and to prohibit the individual from returning for up to 10 days.
The following principle applies above all:
The abuser leaves the residence. The victim stays!
This time period can be extended under civil law in accordance with the Protection against Violence Act.
During this time frame you have the opportunity to think about how you wish to proceed (e.g. whether you want to submit additional applications for protection to the competent court as provided under the Protection Against Violence Act).
The prerequisites are:
The condition is that the danger to life, limb or freedom of an individual occurs in the common household or in a household where the person at risk resides. The authorization takes effect only if the person at risk (not necessarily the abuser, too!) lives permanently at the residence in which the dangerous situation is occurring."
(Source: General Administrative and Intervention Law in Police Service Volume 2, 2002, Pg. 292)
The following action can be taken:
Notice: The police will be solely responsible for judging the risk, enforcing the prohibition of return, and following-up on the offence – whether or not this is desired by the victim.
(Source: "Domestic Abuse and Police Action", Pg. 25)