Legal instruments

In the Netherlands, there are various legal instruments and procedures to address domestic violence and protect victims. These measures can be both criminal and civil in nature. Below is a detailed overview of the main options:

1. Criminal Measures

Reporting and Criminal Prosecution

• Police Report: Victims or witnesses of domestic violence can file a report with the police. Based on the report, a criminal investigation can be initiated.
• Investigation and Prosecution: The Public Prosecution Service (OM) decides, based on the police investigation, whether the suspect will be prosecuted. Possible charges include assault, threats, or stalking.
• Domestic Exclusion Order (Temporary Domestic Exclusion Act): The mayor can impose a temporary exclusion order on the suspected perpetrator for up to 10 days, which can be extended to 28 days. During this period, the suspect is prohibited from contacting the victim or entering the shared home.

Criminal Disposition

• The public prosecutor can impose a criminal disposition for minor offenses without the involvement of a judge. This may include a fine, community service, or behavioral orders.

2. Civil Measures

Summary Proceedings and Protective Orders

• Summary Proceedings: Victims can initiate summary proceedings before the civil court to obtain a restraining order or contact ban against the perpetrator. This is a quick procedure that can be completed within a few weeks.
• Restraining Order: The court can prohibit the perpetrator from contacting the victim or being within a certain distance of the victim.

Divorce and Termination of Cohabitation Agreement

• Divorce Proceedings: In cases of domestic violence, a victim can file for divorce or terminate a cohabitation agreement. In this process, the court can also make provisions such as granting the home to the victim.
• Provisional Measures: During divorce proceedings, the court can issue provisional measures, such as temporary arrangements for child care, spousal or child support, or the use of the home.

3. Protection of Children

• Domestic Violence and Child Abuse Reporting Code: Professionals (such as teachers and doctors) are required to follow a protocol when they suspect domestic violence or child abuse.
• Child Protection and Supervision Order (OTS): If the safety of children is at risk, the Child Protection Board can request a supervision order or the removal of children from the home.

4. Social Support

• Safe at Home: This is a hotline for advice and reporting domestic violence and child abuse. They can refer victims to support services and assist in taking legal steps.
• Women’s Shelters (Blijf-van-mijn-lijf huizen): These shelters provide a safe environment for victims of domestic violence and their children.

5. Preventive and Rehabilitation Programs

• Perpetrator Counseling: There are specialized programs for perpetrators of domestic violence, focused on behavioral change and preventing recurrence, such as the ‘BORG’ (Support and Guidance for Relationship Violence) intervention.
• Assistance and Support Measure (MHS): In some cases, the court may impose an MHS, requiring the perpetrator to participate in a counseling program.

6. International Protection

• European Protection Order: If a victim moves to another EU country, a European Protection Order can be requested, ensuring that civil protective measures are recognized in other EU member states.

Conclusion and Strategy

The choice of a specific legal remedy depends on the severity of the violence, the relationship between the victim and the perpetrator, and the involvement of children. Victims are advised to seek early contact with legal and social support services to determine an appropriate strategy. Combining criminal and civil measures often provides the most effective protection.

Additional Measures and Details:

While I have described a broad range of legal and social measures against domestic violence, there are even more options and nuances. Here are some additional tools and details that may also be relevant:

1. Specific Civil Measures

• Supervision Order (OTS) and Removal from Home: In addition to the previously mentioned options, children can be placed under the supervision of a family guardian (OTS), or they may be removed from the home if the child’s safety is at risk.
• Custody Change: In cases of severe domestic violence, a request for custody modification or termination can be made, especially if one of the parents is responsible for the violence.

2. Measures Under the General Administrative Law Act (Awb)

• Administrative Domestic Exclusion Order: In addition to the criminal exclusion order, an administrative exclusion order can also be imposed by the mayor. This is based on the Temporary Domestic Exclusion Act and can be used in urgent situations without the immediate presence of criminal activity.

3. Compensation and Civil Claims

• Civil Procedure for Compensation: Victims can file a civil lawsuit for compensation for material and non-material damage, such as medical expenses, lost income, or emotional suffering.
• Recovery from the Perpetrator (Victims’ Compensation Fund): If the perpetrator cannot pay the compensation, the victim can apply to the Victims’ Compensation Fund, which provides financial compensation to victims of serious violent crimes.

4. Additional Criminal Measures

• Temporary Contact Ban: This can be imposed by the public prosecutor during a criminal investigation to prevent the suspect from contacting the victim.
• Location Ban with Electronic Monitoring: In severe cases, a location ban may be imposed on a suspect or convict, with compliance monitored via an ankle bracelet.

5. Protective Measures in Criminal Proceedings

• Witness Protection: In certain cases, the victim’s or witnesses’ information may be protected to ensure their safety.
• Victim Support in Criminal Cases: The victim may receive support from a specialized victim advocate or a representative from Victim Support Netherlands, who can assist during the process and with submitting a victim statement.

6. Specific Legislation for Vulnerable Groups

• Mandatory Reporting Code Act: This law requires professionals in sectors such as education, healthcare, and social services to follow a set protocol when there are signs of domestic violence or child abuse, which can lead to reporting to Safe at Home.
• Protective Measures for the Elderly: Elderly victims of abuse or financial exploitation can request specific protective measures, such as guardianship or protective administration.

7. International Protective Measures

• Istanbul Convention: This convention obligates the Netherlands to provide adequate protection to victims of gender-based and domestic violence, including specific measures for migrant and refugee women.
• International Extradition and Cooperation: In cases where the perpetrator is located abroad, the Netherlands can request international extradition or cooperation in criminal proceedings.

8. Other Support and Protection Mechanisms

• Buddy or Support Programs: Specific programs where domestic violence victims are assigned a mentor for practical and emotional support.
• Women’s Shelters and Support Groups: In addition to regular shelters, there are specialized support groups where victims receive group counseling and empowerment training to restore their independence and safety.

9. Procedural Protection for Victims

• Compensation Order in Criminal Law: In addition to a civil claim for damages, a judge can impose a compensation order in criminal law. The state is then responsible for collecting the compensation, so the victim does not have to contact the perpetrator directly.
• Appeal and Cassation in Criminal Cases: Victims can join the criminal process regarding their civil compensation claim and have limited rights of appeal or cassation in this context.

10. Education and Prevention Campaigns

• Awareness and Education: Campaigns and educational programs in schools and communities to raise awareness of domestic violence and promote prevention.
• Training for Care Providers and Justice Officials: Special training for police, judges, and care providers on how to handle domestic violence, recognize signs, and provide adequate assistance.

Conclusion

There are many legal tools and social assistance options available in the Netherlands to combat domestic violence. The choice of a specific measure largely depends on the victim’s situation, the nature and severity of the violence, and the involvement of children or other vulnerable persons. It is often advisable to adopt an integrated approach, combining multiple measures to offer optimal protection and support.