The German Cabinet is poised to approve a draft law introducing electronic monitoring of perpetrators of domestic and intimate partner violence, a move intended to bolster protections for victims and address a persistent crisis of gender-based violence. The proposal, reported by Bild, aims to supplement existing protective orders, such as contact bans and restraining orders, by utilizing ankle monitors to alert victims when a perpetrator approaches.
Under the proposed legislation, courts may order the electronic monitoring only when a demonstrable threat exists to a victim’s life, physical integrity, liberty, or sexual self-determination. Crucially, the measure is designed to be implemented only with the victim’s consent, focusing resources on high-risk cases. The initial monitoring period would be capped at six months, with potential extensions of three-month intervals.
Beyond electronic monitoring, the draft law mandates that perpetrators participate in violence prevention and social skills training programs. Non-compliance will be met with financial penalties or even imprisonment. Furthermore, penalties for violations of existing protective orders are being significantly raised, now carrying a potential sentence of up to three years imprisonment or substantial fines, compared to the previous maximum of two years.
Justice Minister Stefanie Hubig of the Social Democratic Party (SPD) has framed the legislation as a necessary response to a national emergency. “Domestic violence is not an inescapable fate” she stated. “We can do something and we must. Every few minutes in Germany, a woman is attacked by her partner or former partner. Almost every other day, a man kills his partner or former partner”. She emphasized the imperative for the legal system to escalate its efforts in combating this pervasive issue.
While proponents argue the legislation offers a tangible tool for victim protection, critics are likely to raise concerns regarding the enforcement complexities and potential for re-traumatization. The reliance on victim consent, though intended to safeguard agency, also presents a challenge, as fear and coercion can frequently impede an individual’s ability to advocate for their own safety. The long-term efficacy of the measure will hinge on adequate resources for monitoring, victim support services and robust enforcement mechanisms, alongside a parallel commitment to addressing the root causes of domestic violence.
