Law on the European Anti-Violation Procedure (EU Violence Against Violence-EUWGG)

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EUvestments

Date of completion: 05.12.2014

Full quote:

" EU Anti-Violation Procedure Act of 5 December 2014 (BGBl. I p. 1964) "

Footnote

(+ + + Text evidence from: 11.1.2015 + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 5.12.2014 I 1964. It's gem. Article 5 (1) of this Act entered into force on 11.1.2015. Unofficial table of contents

Content Summary

Section 1General
Procedural rule

§ 1	Application of the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction

Section 2Recognition
and enforcement
pursuant to Directive 2011 /99/EU

§ 2	Definitions
§ 3	Receipt and transmission of an application for the adoption of a European Protection Order
§ 4	Procedure for the recognition of a European protection order
§ 5	Concentration of competence
§ 6	Failure to recognise a European protection order
§ 7	Decision on the recognition of a European protection order
§ 8	Complaint against the rejection of the recognition of a European protection order
§ 9	Measures to be taken after recognition of a European protection order
§ 10	Breach of a measure adopted pursuant to Article 9 (1)
§ 11	Repeal of a measure adopted in accordance with Article 9 (1)
§ 12	Amendment of a measure adopted in accordance with Article 9 (1)

Section 3Recognition
and enforcement
Pursuant to Regulation (EU) No 606 /2013Subsection 1Definitions

§ 13	Definitions

Subsection 2Certificates
on domestic decisions

§ 14	Responsibility
§ 15	Procedure
§ 16	Rectification and cancellation of certificates

Subsection 3Recognition
and enforcement
foreign titles in Germany

§ 17	Deprivation of the Enforcement Clause
§ 18	Translation or Transliteration
§ 19	Local competence
§ 20	Adjustment of a foreign title
Section 21	Failure to recognise or enforce
Section 22	Ceaselation or limitation of enforceability in the Member State of origin
Section 23	Enforcement order

Section 4Penal provisions

§ 24	Criminal provisions

Annex (to § 10 (3))

Form to report a breach of a measure adopted pursuant to the European Protection Order

Section 1
General procedure

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§ 1 Application of the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction

The procedures laid down in Sections 2 and 3 of this Act are family matters. These procedures shall be subject to the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, to the extent that, in the following, or in Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on the mutual recognition of protection measures in civil matters (OJ L 327, 28.12.2013, p. 4) is not intended to deviate from the above.

Section 2
Recognition and enforcement in accordance with Directive 2011 /99/EU

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§ 2 Definitions

For the purposes of this section:

1.

Member State of each Member State of the European Union, with the exception of Denmark and Ireland,

2.

protection measure by a decision in criminal matters involving one or more of the prohibitions referred to in Article 6 (2) in another Member State in accordance with the national law and procedure of that Member State; or restrictions are imposed in order to protect a protected person (paragraph 5) from a criminal offence which could endanger their life, physical or psychological integrity, dignity, personal freedom or sexual integrity;

3.

European protection order a decision taken by the issuing authority (point 4) of another Member State in the context of a protection measure on the basis of which an internal court or tribunal shall take one or more measures in accordance with the To continue the protection of the protected person (point 5),

4.

Issuing authority the authority which has adopted or is to adopt the European Protection Order,

5.

a protected person is a natural person who is subject to the protection of a European protection order;

6.

A person who is at risk of being protected by a European protection order.

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§ 3 Reception and transmission of an application for the adoption of a European protection order

(1) The family court is solely responsible for receiving an application for the adoption of a European protection order, in the district of which the protected person is present. (2) The application may also be submitted by the legal representative of the protected person. It may be made to the court in writing or to the minutes of the office. (3) The court shall forward the request for the adoption of a European protection order to the issuing authority without delay. Unofficial table of contents

§ 4 Procedure for the recognition of a European protection order

(1) For the recognition of a European protection order, the family court is solely responsible for the protection of the protected person. (2) Upon receipt of a European protection order, the court shall immediately examine its Responsibility. In the event of its lack of competence, the General Court shall transmit the European Protection Order to the competent court and shall inform the issuing authority thereof without delay in writing. (3) Does not contain the European Protection Order at least the information referred to in section 6 (1) in the German language, the court shall immediately inform the issuing authority in written form and shall set a reasonable time limit for completion. Unofficial table of contents

§ 5 Competence concentration

(1) In proceedings concerning a case referred to in § § 3 and 4, the family court is responsible, in whose district a Higher Regional Court has its registered office, for the district of this Higher Regional Court. (2) In the district of the Chamber Court, the Family Court Pankow/Weißensee. (3) The provincial governments are authorized to exercise this jurisdiction by legal ordinances to another family court of the Oberlandesgericht district or, if several Oberlandesgericht (Oberlandesgericht) are established in one country, a family court for the districts of all or several Higher Regional Courts . You can transfer the appropriations to the State Justice Administrations. Unofficial table of contents

§ 6 Failure to recognise a European Protection Order

The recognition can only be denied if:

1.

the European Protection Order does not contain at least the following information in the German language and has not been completed within the time limit laid down in accordance with Article 4 (3):

a)

the name, address and nationality of the protected person, as well as the name, address and nationality of the guardian or of her representative, if he is a minor or incapable of business,

b)

Date from which the protected person is domicated or wishes to reside in the country, and the period or periods of stay, if known,

c)

the name, address, telephone and fax number and e-mail address of the issuing authority,

d)

Information on the act (e.g. number and date), which contains the protection measure underlying the adoption of the European Protection Order,

e)

a summary of the facts and circumstances which led to the adoption of the protection measure;

f)

Any prohibition or restriction imposed on the person causing danger by the protective measure on which the European protection order is based, the duration of such prohibitions or restrictions and, where appropriate, the indication of the penalties which may result from a breach of these prohibitions or restrictions,

g)

where available, information on a technical device used by the protected person or the person at risk as a means of enforcement of the protection measure,

h)

the name, address and nationality of the person at risk,

i)

provided that such information is known to the issuing authority, information on whether the protected person or the person at risk has been granted legal aid in the issuing State,

j)

where present, a description of other circumstances which could affect the assessment of the risk that the protected person is threatening to have,

k)

where applicable, an indication that a judgment within the meaning of Article 2 of Council Framework Decision 2008 /947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions in respect of on the monitoring of suspens-taking measures and alternative sanctions (OJ C 327, 22. 102), which was adopted by Council Framework Decision 2009 /299/JHA (OJ L 337, 27.12.2009, p. 24), or a decision on supervision measures within the meaning of Article 4 of Council Framework Decision 2009 /829/JHA of 23 November 2009, October 2009 on the application, between the Member States of the European Union, of the principle of mutual recognition to decisions on surveillance measures as an alternative to pre-trial detention (OJ L 327, 28.12.2009, p. 20) has already been sent to another Member State, provided that it is not the Federal Republic of Germany and an indication of the authority responsible for the execution of that judgment or of that decision this other Member State,

2.

the European Protection Order is not based on any protective measure imposed on the person at risk of one or more of the following prohibitions or restrictions:

a)

the prohibition of entering certain premises, places or designated areas in or on which the protected person is holding or which he or she is seeking;

b)

the prohibition of any form of contact with the protected person or a scheme to that effect, or

c)

the prohibition of approaching the protected person at a distance less than the specified distance, or a scheme to that effect,

3.

the person at risk of immunity enjoys immunity under national law, and that immunity makes it impossible to adopt measures on the basis of the European protection order; or

4.

the person at risk has not been granted a right to be heard before the European protection order has been issued, or has not had the right to challenge the protection measure, provided that he does not already have such rights in that person's right to issue the protection measure procedures have been granted.

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Section 7 Decision on the recognition of a European protection order

(1) The Court of First Instance shall immediately decide on the recognition of the European Protection Order. The decision shall be taken by a decision without consulting the person at risk. (2) In the event of refusal of recognition, the Court of First Instance shall inform the

1.

the issuing authority and the protected person immediately of the negative decision and the reasons therefor, and

2.

the protected person about the possibility of applying for an order under the law on violence.

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Section 8 Complaint against the rejection of the recognition of a European protection order

The appeal will be lodged against the decision to reject the recognition. The decision to recognise the European Protection Order is not countervailable. Unofficial table of contents

Section 9 Measures following the recognition of a European protection order

(1) At the same time, if the Court of First Instance recognizes the European Protection Order, it shall adopt an appropriate measure in accordance with Article 1 of the Act on Violence Against Violence, which corresponds to the highest possible extent of the protective measure arranged. 2. The court shall inform the protected person, the person at risk and the issuing authority of the measure adopted in accordance with paragraph 1 and the possible legal consequences of a breach. The address or other contact details of the protected person shall not be disclosed to the person at risk, unless such information is necessary for the enforcement of the measure adopted in accordance with paragraph 1. § 216a of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction remains unaffected. Unofficial table of contents

§ 10 violation of a measure adopted pursuant to section 9 (1)

(1) The Court of First Instance acquires knowledge of a breach of a measure adopted pursuant to Article 9 (1), it shall inform the following authorities, using the form introduced in accordance with paragraph 3:

1.

the issuing authority and

2.

the supervisory authority of the Member State responsible for monitoring the probation measures or alternative sanctions imposed on the person at risk in accordance with Framework Decision 2008 /947/JHA, or in accordance with the provisions of Framework Decision 2009 /829/JHA, Surveillance of the obligations and instructions imposed on the person at risk of prevention of pre-trial detention.

The completed form shall be translated into the official language or one of the official languages of the Member State concerned and the Member State of supervision. (2) In the cases referred to in paragraph 1, the court shall inform the competent police authority of the infringement. and to other public bodies affected by the implementation of the measure adopted pursuant to Article 9 (1). The protected person and the person at risk shall be informed of the communication. (3) The information provided for in the Annex shall be introduced for the purpose of informing the person referred to in paragraph 1. Unofficial table of contents

Section 11 Repeal of a measure adopted pursuant to Article 9 (1)

(1) The issuing authority shall inform the Court of First Instance of the annulment of the European Protection Order, the Court of First Instance shall also immediately repeal the measure adopted pursuant to Article 9 (1) of the European Protection Order. (2) The Court may: in accordance with Article 9 (1), also repeal the measure if:

1.

the protected person does not reside in the territory of the country, does not reside in the country or is no longer resident in the country or has left the country definitively,

2.

the underlying European protection order has been amended in the issuing Member State and the Court of First Instance also rejects an amendment to the measure adopted pursuant to Article 9 (1) in accordance with Article 12 (2); or

3.

a judgment within the meaning of Article 2 (1) of Framework Decision 2008 /947/JHA, or a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009 /829/JHA, shall be forwarded to it.

(3) Where a measure adopted in accordance with Article 9 (1) is repealed in accordance with paragraph 2, the court shall immediately inform the issuing authority, the protected person and the person causing danger thereof. Unofficial table of contents

§ 12 Amendment of a measure adopted in accordance with Article 9 (1)

(1) The Court of First Instance shall also amend the Court of First Instance from the amendment of the European Protection Order in accordance with Section 9 (1) of the European Protection Order, in accordance with Section 9 (1) of the European Protection Order. (2) The Court may (3) If a measure adopted pursuant to Article 9 (1) is amended in accordance with paragraph 1, the amendment shall be amended in accordance with paragraph 1, or if the measure adopted pursuant to paragraph 1 of this Article shall be amended, the Amendment of a measure adopted in accordance with Article 9 (1), rejected in accordance with paragraph 2, the Court of First Instance the issuing authority, the protected person and the person at risk thereof shall be informed immediately.

Section 3
Recognition and enforcement in accordance with Regulation (EU) No 606/2013

Subsection 1
Definitions

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Section 13 Definitions

For the purposes of this section:

1.

Member State of each Member State of the European Union, with the exception of Denmark,

2.

protected person as defined in Regulation (EU) No 606/2013,

3.

The person causing danger within the meaning of Regulation (EU) No 606/2013.

Subsection 2
Certificates for domestic decisions

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Section 14 Jurisdiction

The issuing of certificates referred to in Article 5 (1) and Article 14 (1) of Regulation (EU) No 606/2013 shall be subject to the jurisdiction of the courts responsible for issuing an enforceable copy of the title. Unofficial table of contents

§ 15 Procedure

The certificate referred to in Article 5 (1) of Regulation (EU) No 606/2013 shall be issued without consultation of the person at risk. Delivery to the person at risk shall be determined in accordance with Article 8 of Regulation (EU) No 606/2013. Unofficial table of contents

Section 16 Correction and cancellation of certificates

In order to rectify and repeal the certificate issued in accordance with Article 5 (1) of Regulation (EU) No 606/2013 in accordance with Article 9 of Regulation (EU) No 606/2013, Article 42 (2) and (3) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction.

Subsection 3
Recognition and enforcement of foreign titles in Germany

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Section 17 Disability of the enforcement clause

A title which is enforceable in another Member State in accordance with Article 4 of Regulation (EU) No 606/2013 shall take place in the territory of the country without the need for an enforcement clause. Unofficial table of contents

§ 18 Translation or Transliteration

If, in accordance with Article 4 (2) (c) of Regulation (EU) No 606/2013, the protected person has to submit a translation or a transliteration, it shall be drawn up in German. Unofficial table of contents

Section 19 Local competence

The family court is solely responsible for the enforcement of the enforcement order, in the jurisdiction of the court

1.

the person who is at risk is holding or

2.

the enforcement is to be carried out.

The District Court of Pankow/Weißensee decides in favour of the district of the Chamber Court. Unofficial table of contents

Section 20 Adaptation of a foreign title

(1) The court shall adapt the foreign title referred to in Article 11 of Regulation (EU) No 606/2013 to the extent necessary to give effect to it. (2) The court may decide on the adjustment of the foreign title without oral proceedings, and decide without consulting the person at risk. The decision shall be taken by decision which shall be justified. (3) The court shall apply the foreign title, the enforcement shall take place under this decision, without the need for an enforcement clause. The decision shall be inseparably linked to the certificate referred to in Article 5 (1) of Regulation (EU) No 606/2013. The decision shall be granted to the protected person and to the person who is at risk. Delivery to the person at risk is governed by Article 11 (4) of Regulation (EU) No 606 /2013. (4) The appeal shall be lodged against the decision. Unofficial table of contents

Section 21 Refusal of recognition or enforcement

(1) In the case of applications for recognition or enforcement (Article 13 (1) of Regulation (EU) No 606/2013), the court determined in § 19 is competent. (2) The application for a refusal may be filed in writing at the court or orally to the minutes of the office. (3) The court decides on the request for a failure by decision. The decision may be taken without oral proceedings and shall be justified. The protected person must be heard before the decision is taken. (4) The appeal will be lodged against the decision. Unofficial table of contents

Section 22 omitting or limitation of enforceability in the Member State of origin

If the person at risk or the protected person submits a certificate in accordance with Article 14 (1) of Regulation (EU) No 606/2013, enforcement is required under Article 95 (1) of the Law on the Procedure in Family Matters and in the To discontinue or limit the matters of voluntary jurisdiction in conjunction with Section 775 (1) and (2) and Section 776 of the Code of Civil Procedure. Unofficial table of contents

Section 23 Enforcement of the enforcement order

The application in accordance with Section 95 (1) of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction in conjunction with Section 767 of the Code of Civil Procedure shall be submitted to the court determined in Section 19.

Section 4
Criminal provisions

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Section 24 Criminal law

A custodial sentence of up to one year or a fine shall be punishable by a person who has a certain enforceable order pursuant to Section 9 (1) of this Act in connection with Section 1 (1) sentence 1 or sentence 3 of the Act on Violation of Violation, in each case also in Connection with Section 1, paragraph 2, sentence 1 of the Violation Protection Act. The criminality in accordance with other provisions shall remain unaffected. Unofficial table of contents

Annex (to § 10 (3))
Form to report a breach of a measure adopted pursuant to the European Protection Order

(Fundstelle: BGBl. I 2014, 1969-1971)
The data contained in this form shall be treated confidentially.

1	More information on the person at risk
1.1	Family name:
1.2	First name (s):
1.3	Ggf. Birth name or previous name:
1.4	Ggf. Alias (s):
1.5	Gender:
1.6	Nationality:
1.7	Identification number or social security number (if available):
1.8	Date of birth:
1.9	Birthplace:
1.10	Address:
1.11	Language or languages that the person at risk understands (if known):
2	Further information on the protected person
2.1	Family name:
2.2	First name (s):
2.3	Ggf. Birth name or previous name:
2.4	Gender:
2.5	Nationality:
2.6	Date of birth:
2.7	Birthplace:
2.8	Address:
2.9	Language or languages that the protected person understands (if known):
3	More information on the European Protection Order
3.1	The order was adopted on:
3.2	File number (if any):
3.3	Authority that has adopted the order
3.3.1	Official name:
3.3.2	Address:
4	Authority responsible for the execution of a protection measure, which may have been adopted in the exporting State
4.1	Official name:
4.2	Person to Contact
4.2.1	Name:
4.2.2	Function (Usage record/Service rank):
4.2.3	Full address:
4.2.4	Telephone number (country code) (regional/local network code) (number):
4.2.5	Fax number (country code) (regional/local network code) (number):
4.2.6	Email:
4.2.7	Languages that can be used for understanding:
5	Infringement of the prohibition (s) or restriction (s) and/or other findings of a further decision imposed by the competent authorities of the executing State following the recognition of the European Protection Order (s) could
5.1	The infringement concerns the following (s) prohibition (s) or restriction (s) (multiple choice possible):
	-	a ban on entering certain premises, places or designated areas in which the protected person is holding or which he is seeking;
	-	a prohibition or regulation of any form of contact, including by telephone, by electronic means or by mail or fax, or by any other means, with the protected person;
	-	a ban on approaching the protected person at a distance less than the specified distance, or a system of such a system;
	-	any other measures taken by the competent authorities of the executing State, following the recognition of the European protection order, relating to the protective measure on which the European protection order is based.
5.2	Description of the breach/infringements (place, date and more detailed circumstances):
5.3	Measures taken in the executing State as a result of the infringement:
5.4	Possible legal consequences of the infringement in the executing State:
5.5	Other findings that could lead to a further decision, and description of these findings:
6	Details of the person to be contacted in the executing State, if additional information is to be obtained on the infringement
6.1	Family name:
6.2	First name (s):
6.3	Address:
6.4	Telephone number (country code) (regional/local network code) (number):
6.5	Fax number (country code) (regional/local network code) (number):
6.6	Email:
6.7	Languages that can be used for understanding:
7	Undersigned
7.1	Name:
7.2	Function (Usage record/Service rank):

Date:
Signature of the representative of the authority issuing the form to confirm the accuracy of the content of the form:
(Where Applicable) Service Stamp: