Preliminary injunction proceedings,Expedited proceedings, Arrest

In order to prevent the occurrence of irreversible situations and to enable swift legal action, provisional legal protection and interim orders are available in almost all legal proceedings, particularly in family law matters:

Protection from domestic violence cases,
Maintenance proceedings,
Placement proceedings
Family disputes and attachment proceedings,
Proceedings concerning parental responsibility,
Paternity determinationproceedings,
Guardianship proceedings,
Judicial proceedings on detention measures,

Interim orders may then be issued by the court pursuant to Section 49 (2) of the German Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG) in order to preserve an existing situation or to provisionally regulate it, to impose an obligation on a party to act or to refrain from acting. An application for the issuance of an interim order is necessary if the main proceedings can only be initiated by application. This applies to all contentious family matters, maintenance proceedings, protection against violence cases, or pension rights adjustment matters.

An interim order may also be issued without an oral hearing (see Section 51 (2) FamFG). However, an exception to this applies to interim orders in maintenance matters. According to the FamFG, all parties must generally be heard in person before an interim order is issued, which also includes the hearing of a child (e.g., in matters concerning visitation arrangements). If the court has rendered a decision without an oral hearing, the party affected by the interim order may file a complaint requesting a new oral hearing and a subsequent decision (Section 54 (2) FamFG).

An interim order (eV) is issued by court decision and may be challenged by way of complaint within a two-week period. The decision becomes effective upon notification to the parties involved. In particular, if immediate enforcement is ordered — for example, in proceedings concerning the return of a child or in cases involving protection against violence — the interim order becomes effective upon issuance.

If you are facing an urgent and non-deferrable matter, please contact us immediately. Even if you are personally affected by an interim order, legal representation is strongly recommended.

Feel free to contact us regarding any other matters related to interim injunctions — we are here to help you.

If you have any questions, I am always available to assist you.