Legal options

Legal advice should always be sought before taking legal action.

Stalking has been a criminal offence in its own right since 01-04-2007 (§ 238 of the German Criminal Code).

  • Many acts of stalking also fall under other criminal offences. It may therefore be possible to press separate charges under certain circumstances. These criminal offences can include insults, threats, defamation and slander. If an order for protection against violence has been issued, criminal liability may be involved, as per the Protection against Violence Act.
  • Regarding many offences and in order for criminal proceedings to be initiated, a formal demand for the prosecution of the offender must be filed within three months of the offence occurring.
  • Other legislative tools include prohibitory injunctions against the stalker(s) under civil law, applying for protection against violence orders and requesting that the data concerned be deleted. Here, too, it is important to seek legal advice and find out what costs are involved. Women's counselling centres will give you information on how to receive legal advice at a reasonable price, e.g. by applying for legal aid.

 

Additional information regarding legal measures can be found on the website of the Anti-Stalking-Project in Berlin