Criminal offenses under family law
Criminal charges in a family context often catch parents off guard and have far-reaching personal and familial consequences. The lawyers at our criminal law firm have extensive experience, particularly in criminal proceedings with family law implications, and represent accused parents with expertise, experience, and the necessary discretion.
We defend clients in cases involving, among other things:
- Violation of the duty to provide maintenance (§ 170 StGB)
when parents are accused of not having fulfilled their legal maintenance obligations, or of not having fulfilled them sufficiently. - Stalking (§ 238 StGB)
in cases of criminal charges related to ongoing contact or conflicts following separation or divorce. - Violation of the Protection Against Violence Act (§ 4 GewSchG)
especially in cases of alleged violations of court-ordered protection measures within family or former partnership relationships. - Abduction of minors / (serious) child abduction (§ 235 StGB)
in cases where parents are prosecuted for the alleged unlawful removal or detention of a child.
What should I do if I receive a summons?
A summons initially means that criminal proceedings are being conducted against you. However, you are not obligated, You are obligated to comply with a police summons or to provide information about the matter. Appearing without careful consideration or making a hasty statement can worsen your legal position.
It is advisable to seek legal counsel first. After reviewing the investigation file, it will be possible to assess the specific basis of the accusation and determine whether, when, and in what form a statement is appropriate.
Especially in criminal proceedings with family law implications, restraint is crucial. Statements can have consequences not only under criminal law but also under family law. Early and appropriate legal representation allows for a controlled assessment of the course of the proceedings.
Violation of the duty to provide maintenance, Section 170 of the German Criminal Code
Under Section 170 of the German Criminal Code (StGB), a breach of maintenance obligations constitutes a criminal offense if, despite the ability to pay, no or insufficient maintenance is paid, such that the livelihood of the person entitled to maintenance is jeopardized or would be jeopardized without the assistance of others. This applies to both... Child support obligations as well as Married couples and relatives.
The act of the withdrawal This applies to any action or omission that leads to non-payment. It is important to note that not only simple non-payment, but also, for example, insolvency due to job abandonment, fulfills the legal definition. Decisive factors include the actual income situation, existing obligations, and the ability to pay during the relevant period. Endangering basic needs This is the case when securing one's livelihood can only be guaranteed through measures such as assistance from third parties (e.g., social benefits) or through excessive work.
Brandenburg Higher Regional Court, decision of 10 November 2025 (Case No.: 1 ORs 27/25) on the requirements for a conviction under Section 170 of the German Criminal Code:
The Brandenburg Higher Regional Court overturned a lower court's judgment due to insufficient factual findings. A conviction under Section 170 of the German Criminal Code (StGB) requires a determination of the defendant's ability to pay child support, taking into account the defendant's and any person with custody of the child, as well as any other obligations of the defendant, including other maintenance obligations. Furthermore, the amount of child support owed must be specifically quantified.
As punishment, a A fine or imprisonment for up to 3 years Consideration is given to pregnant women for up to 5 years. It should be noted that claims for damages may also be made.
Stalking, Section 238 of the German Criminal Code
Under Section 238 of the German Criminal Code (StGB), stalking encompasses various forms of criminal activity. unauthorized and repeated (at least double) Actions that are likely to significantly impair another person's way of life. This includes, among other things, repeatedly seeking physical proximity, repeatedly contacting someone via telecommunications, repeatedly misusing personal data, and threatening physical harm, limb injury, or loss of liberty. Furthermore, repeated data-related offenses and the repeated dissemination of written material, data, and images are also recorded. An impairment is considered to exist when the victim suffers negative changes in their life that go beyond the threshold of triviality, although this is highly dependent on the individual case. Distinguishing between socially acceptable and criminal behavior is often difficult.
Federal Court of Justice (BGH), decision of 14 July 2025 (file no.: 4 StR 17/25) on the element of repetition of acts:
In its decision of July 14, 2025, the German Federal Court of Justice (BGH) clarified that the number of repetitions required to fulfill the elements of an offense depends on the individual case. In the present case, the defendant's appeal was successful, resulting in the overturning of the conviction for stalking, threats, and trespassing. A small, single-digit number of repetitions is generally only considered sufficient if the individual acts are serious.
The act is punished with a A fine or imprisonment for up to 3 years, in particularly serious cases a prison sentence of between 3 months and 5 years.
Violation of the Protection Against Violence Act, Section 4 GewSchG
If against a court-ordered protection or one court-approved settlement Violation of such a protection order constitutes a criminal offense under Section 4, Paragraph 1, Number 1 or 2 of the Protection Against Violence Act. These protective orders are court-ordered measures to prevent harm, which can be obtained upon application if someone intentionally and unlawfully infringes upon the body, health, freedom, or sexual self-determination of another person. They typically include restrictions on contact, approach, or residence.
Federal Court of Justice (BGH), decision of 14 July 2025 (Case No.: 4 StR 17/25) on the requirements for a guilty verdict in a violation of the Protection Against Violence Act:
In its decision of July 14, 2025, the Federal Court of Justice (BGH) ruled that a conviction under Section 4 of the Protection Against Violence Act (GewSchG) for violating an order under Section 1 Paragraph 1 Sentence 1 GewSchG requires that the criminal court also review the substantive legality of the order and independently establish its factual prerequisites. In doing so, it is not bound by the family court's decision. In the present case, the regional court failed to review the order and based its conviction on the local court's ruling. On this basis, the conviction could not stand.
In view of potential criminal liability, it is particularly relevant whether an order is challenged. intentionally was violated, whether possibly a consent the protected person was present or whether the order effective known This was the case. For this to apply, a court order must have been served; mere knowledge of its content is insufficient for it to be effective. In the case of a settlement, however, knowledge is sufficient.
The penalty for a violation of Section 4 of the Protection Against Violence Act (GewSchG) is as follows: A fine or imprisonment for up to 2 years before.
Abduction of minors, Section 235 of the German Criminal Code
Section 235, paragraph 1 of the German Criminal Code criminalizes the unlawful removal or withholding of a minor child from a person with custody or visitation rights. The perpetrator can be not only a stranger, but also friends, family, and even another parent with custody rights. This includes, for example, taking a child to another city or country without the consent of the other parent with custody rights.
The threat of punishment sees a A fine or up to 5 years imprisonment In cases where the physical or psychological integrity of the child is violated or an economic advantage is intended, the penalty is up to 10 years imprisonment.
The act of Withdrawal This refers to the impairment of parental rights due to a physical separation of the child from the parent with custody for a certain (significant) duration. In individual cases, this can be assumed even after a few hours. The act of Withheld The offense is committed by refusing to hand over the child, preventing the child's return, or concealing their whereabouts. If the child is in the care of a third party for their own benefit, and that third party has no interest in the child's removal or withholding, this does not constitute a criminal offense.
The following are considered instruments of the crime: Violence, threats, and cunning, which can be applied either against the child, the legal guardians or third parties.
Federal Court of Justice (BGH), decision of October 28, 2025 (Case No.: 3 StR 418/25) on the binding effect in the abduction of minors:
In its decision of October 28, 2025, the Federal Court of Justice ruled that Section 235 Paragraph 1 of the German Criminal Code (StGB), as a continuing offense, is generally capable of combining other independent acts into a single offense if these are consistent with the child abduction. In the present case, however, the children were sexually abused beyond the abduction. Therefore, with at least two further offenses committed through separate acts, which carry significantly more weight than the abduction, multiple offenses apply, even if the offenses coincide.
Defense in family law cases
The lawyers at our criminal law firm have extensive experience in numerous criminal cases with family law implications. This includes complex and lengthy child abduction cases that have garnered nationwide attention. This experience allows our lawyers to understand the specific characteristics of such proceedings and to represent accused parents competently and responsibly. We also represent individuals facing criminal charges related to current or former romantic relationships. These cases often arise in the context of separation, divorce, custody disputes, or visitation rights conflicts.
Our work is characterized by a thorough analysis of both the criminal charges and the family law situation. We analyze the criminal charges with the same care as the family law context. When necessary, we collaborate closely with law firms specializing in family law. This collaboration allows us to coordinate criminal and family law issues. A coordinated approach is particularly important when charges may affect custody, visitation, or residency arrangements. This ensures that criminal procedural decisions are made with consideration for the family law situation.
The goal is a proper, consistent defense that protects the rights of our clients and appropriately considers the family context.
FAQ – Frequently asked questions about criminal proceedings with a family law connection:
What does the charge of violating maintenance obligations (§ 170 StGB) mean?
This accusation applies to cases in which a parent is accused of failing to pay child support, or of failing to pay sufficient support, despite being able to do so. Crucial factors include the actual income situation, existing obligations, and the parent's ability to pay at the time of the alleged offense.
What is the penalty for violating the duty to provide maintenance (§ 170 StGB)?
The standard penalty is a fine or imprisonment for up to three years. In practice, fines, probation, and dismissal upon payment of outstanding fines are particularly common.
When does criminal stalking (§ 238 StGB) occur?
Stalking requires repeated contact attempts or behaviors that are likely to significantly disrupt another person's life. In family conflicts, it is often disputed whether the behavior constitutes a criminal offense or merely socially acceptable attempts at contact.
Which acts of stalking are considered criminal offenses?
Among other things, repeated contact, stalking or seeking close proximity, threats, unlawful dissemination of data or similar harassment that seriously impairs the victim's way of life are punishable offenses.
How can you defend yourself against stalking?
For example, you can file a criminal complaint with the police or the public prosecutor's office, apply for a protective order under the Protection Against Violence Act, or obtain a temporary restraining order from a family court. It is advisable to document such incidents from the outset and collect evidence.
What are the consequences of a violation of the Protection Against Violence Act (§ 4 GewSchG)?
A criminal offense occurs when a court-ordered protective order – such as a restraining order or no-contact order – is violated. In the defense, it is regularly necessary to clarify whether the order was effectively communicated, how the specific contact came about, and whether there was any intentional misconduct.
What penalty is imposed for violating the Protection Against Violence Act?
A fine or imprisonment of up to 2 years is possible.
What is the difference between stalking under Section 238 of the German Criminal Code and a violation of the Protection Against Violence Act?
Stalking is punishable for actions that are generally likely to cause serious harm to a person's life. In contrast, a violation of the Protection Against Violence Act is always based on a court order or a court settlement imposing a restraining order, prohibiting contact, avoidance, or prohibiting residence.
When is one speaking of abduction of minors or child abduction (§ 235 StGB)?
This offense applies to cases in which a parent is accused of withholding or taking a child from another parent with custody or visitation rights. The legal assessment is closely linked to the family law situation, existing custody arrangements, and court decisions.
What is the difference between child abduction and a custody dispute?
A custody dispute is a civil matter before a family court that clarifies who has custody rights. Child abduction is a criminal offense that can also be committed by someone with custody rights if a child is withheld from another parent with custody or visitation rights.