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A dispersal order from the police: is that allowed?

The police tell you to leave a place, or impose a longer ban on being in a place? A dispersal order is an interference with your freedom of movement, permissible only under certain conditions and only for as long as necessary.

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A dispersal order serves to avert danger and is regulated in the respective state police law. It must be proportionate, that is, suitable, necessary, and limited in time and space.
A short dispersal order ('please move along') is usually permissible. A longer ban from an entire area requires a higher threshold and is more open to challenge.

What you should do now

  1. 1

    1. Follow the instruction for now

    Do not resist physically. Leave the place as instructed; the lawfulness can be argued afterward, not in the situation.

  2. 2

    2. Ask for the reason and duration

    Calmly ask for the reason, the legal basis, and how long and for what area the dispersal order applies. Note the officer's badge number.

  3. 3

    3. Check proportionality

    A blanket, long ban from a place without a concrete danger is often disproportionate, which you can challenge afterward.

  4. 4

    4. Get advice afterward

    If you consider the dispersal order unlawful, you can complain or take legal action against it. Document what happened.

Frequently asked questions

Do I have to comply with a dispersal order?

Yes, in the situation you should follow the instruction and not resist physically; otherwise further measures may threaten. Whether the dispersal order was lawful can be clarified afterward and, if necessary, challenged.

How long may a dispersal order apply?

Only for as long as necessary. A short dispersal order applies to the concrete situation. A longer ban from an entire area is only permissible under stricter conditions and must be proportionate; the details are regulated by the state police law.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.