2.2. “Domestic Violence”

The following scenario is based on a real-life situation in Germany. It could differ from a similar situation in any other country due to the specifics of national law enforcement regulations. For more details go to the section Country Specific Information of this module and choose the respective country.

A woman calls the police control centre. She seems to be very upset and won’t calm down. She says that she has been beaten up by her husband and is now hiding in the locked bedroom. The husband is trying to break in. There are also two small children (2 and 3 years old) in the flat.

A patrol car responds to the call. In the flat they meet an aggressive husband and a frightened wife as well as their two children. The couple is still arguing so the police officers separate them. Officer Miller stays in the room with the husband, officer Simon speaks with the wife in the kitchen.

The wife tells the police officer that her husband came home and saw that dinner was not ready yet. That made him angry. He would not listen to her explanation that she had to take care of the sick children. First, they just argued then he hit her twice in the face and insulted her several times. It has happened before. He is quite an irritable and impulsive person. Then her husband started throwing things, sometimes at her (there were broken dishes all over the place). She takes care of the children all day long while her husband is at work. She would like to press charges against her husband.

Mr Kahn, I assume you know why we are here. Your wife told us that you hit her in the face and insulted her. According to her you have also been throwing things around the flat.

That’s rubbish. She just yells all the time. I have to defend myself. She is just making this all up. Instead she should see to her duties as a wife. You should speak with her about that.

Mr Kahn, I am not here to judge, I was not present during your argument. I have a statement from your wife who accuses you of verbal abuse and bodily harm. I therefore have to read you your rights. You do not have to comment on the accusations.

She is lying. I did not do anything.

Your wife has visible injuries on her face.

She inflicted them on herself. And now I am supposed to be a bully.

Mr Kahn, please calm down. I will tell you how we are going to proceed. Please listen to me. First, please give me your ID card.

Why do you need it? You know my name.

Mr Kahn, I need all your particulars to complete the report.

OK. Here it is. What next?

Based on the circumstances you are hereby expelled from your flat on account of domestic violence. That means that you are not allowed to enter the flat for 10 days neither during the day nor at night. If you do, we will apply enforcement measures against you. For example, we can take you into custody. Do you understand that?

You want to make me leave my flat? You cannot do that. I pay the rent. Make my wife leave. She doesn’t even work, I earn all the money.

Mr Kahn, you are to leave the flat whether you are the main tenant or not. Your wife is taking care of your sick children. It would be wrong to deprive them of their homes. That is why we have decided that you are to leave the flat. It will help to calm the situation down and give you and your wife time to think about things. Please give us all the keys to the flat, mail box and cellar you have.

You have no right to do this. I will not give you anything. I live here, the children can stay with me.

Mr Kahn, you do not quite seem to understand me. We have made the decision. You will leave the flat in 20 minutes at the latest. You will give us your keys otherwise we will have to take them away from you by force. You can pack the essentials then we will leave the flat together.

Where do you expect me to go? Am I supposed to sleep on the street?

Do you have any friends or relatives who you can stay with?

No, I don’t. I just have passing acquaintance with some neighbours.

If you do not have anywhere to stay, we can provide you with the addresses of some shelters. Please pack your things.

(The husband packs the most important things and gives the police officers his keys.) Mr Kahn, do you know now where you are going to stay?

No, I don’t.

Here is the address of a shelter you can stay at. We will need your mailing address to contact you in the next few days. Could you write it down for me?

How can I enter my flat if I don’t have my keys?

You can pick up your keys at the police station in 10 days. You will need to present the document I have just given you that says you handed your keys over to us. Do you understand that?

Yes, I do.

You are not to enter your flat within 10 days. And it is strictly forbidden for you to contact your wife.

Do you also forbid me to meet my children?

Meeting with your children is the responsibility of the Child and Youth Protection Services. Please comply with your restraining order for the next 10 days. You can contact a lawyer any time you want. Do you have any other questions?

No, I don‘t.

(The husband says goodbye to his children. His wife is informed that the police officers will return soon to interview her. Then the police officers escort him outside.)

Ms Kahn, I am now going to question you in order to file your charge.

Is my husband gone?

Yes, he has been issued with a restraining order for 10 days and is not allowed to contact you or to show up at this flat within this time.

Does he still have a key?

No, we have taken away his keys to the flat, the mail box as well as to the cellar.

That’s good. It’s a relief to know that he has left. It’s always that bad. And the worst thing is that the children witness it all.

I understand how you feel. That is why we decided that you and the children can stay in the flat. I think the situation will calm down during the next couple of days and you can make up your mind about what to do next. You were hit in the face. Do you need a doctor?

No, I don’t think so. It still hurts. If it gets worse, I will go and see my doctor.

I am going to interview you as a witness. For that I first have to read you your rights. You must make truthful statements on your particulars and the incident. As a wife you do not have to testify against your husband, you can remain silent. Do you understand what I say? Would you like to make a statement?

Yes, I would. I can’t stand it anymore. He must accept that it can’t go on like this.

(The police officer records the statement.)

Ms Kahn, you have described what happened. I have filed the charge against your husband for insulting you and causing bodily harm. If you decide to consult a doctor, we will need you to sign this form. It says that you agree to release the doctors from medical confidentiality obligations so that we can obtain details on your injuries from them. I would also like to take photos of your facial injuries to record them as evidence.

Yes, I will sign the form. I will probably go to my family doctor, Dr. Brooks.

Thank you. Ms Kahn, there are some organisations which help victims of domestic violence. They can help you to find and move to a new flat or obtain a further restraining order for your husband. I am leaving some brochures with this information for you.

Can I get their help without actually going there?

Yes, you can. I strongly recommend contacting these services. The people are friendly and have a lot of experience dealing with cases like yours every day. I am sure they will give you good advice on the phone as well.

OK. Thank you. That’s a lot of information!

Yes, it is. That is why it’s best to get professional help to decide which step to take first.

I’ll do that. Will you report the incident to the Child and Youth Protection Services Would they take my children away?

We report the incident to the Child and Youth Protection Services only when children are directly affected by domestic violence. Has your husband ever assaulted your children?