Temporary Restraining Order Act advcoate - ⚖️ Der Bedrosian Law Firm (2024)

The Temporary Restraining Order Act in the Netherlands is a crucial legal framework applied in cases of domestic violence or child abuse. It aims to take appropriate measures to protect those involved and public order in such situations.

When child abuse or domestic violence occurs, the mayor has the authority to impose a temporary restraining order. There is no possibility for appeal against the mayor's decision. If the person who has been placed out of the home disagrees with the temporary restraining order, he or she can appeal directly to the court and request a preliminary injunction.

With a temporary restraining order, the person placed out of the home must leave the home immediately and may not return for 10 days. Any contact with the partner and children is also prohibited. This ten-day period is intended to ensure safety and calm and to initiate assistance

The procedure for the Temporary Restraining Order Act has many steps, which we have listed below. It is advisable to hire a lawyer who has extensive experience in criminal law, who will guide you through the process.

• Reporting and risk assessment:the process usually begins with a report of domestic violence to the police. After the report, a risk assessment is made to assess the seriousness of the situation, considering factors such as the nature of the violence and the safety of those involved.
• Assessment by the assistant district attorney:if the risk assessment shows that there is acute danger to the safety of persons in the home, the assistant district attorney may impose a temporary restraining order. This decision can be made without court intervention.
• Decision:the assistant district attorney issues an order stating that the perpetrator of domestic violence must leave the home immediately and is prohibited from returning. This order is given to the perpetrator and contains information about the duration of the restraining order.
• Departure of the perpetrator:upon receipt of the order, the offender must leave the residence immediately and comply with the prohibition against returning. In some cases, the police may accompany the offender when leaving the home to ensure that the procedure goes smoothly.
• Reception and support:simultaneously with the restraining order, care and support is arranged for the victim and any others involved. For example, Victim Support Netherlands offers legal guidance to victims and can help them take follow-up steps.
• Duration of the restraining order: in principle, a temporary restraining order has a duration of ten days. Within this period, a criminal investigation can take place and measures can be taken to ensure the safety of the victim. If after ten days there is still a serious threat, the restraining order can be extended.

Please note, this is a general overview on the procedure for the Temporary Restraining Order Act. The exact implementation may vary based on specific circ*mstances on your personal situation.

The mayor's decision regarding the Temporary Restraining Order Act is characterized by its irrevocability; it is not open to objection. This means that there is no formal procedure whereby one can object to this decision. However, in situations where the person placed out of the home does not agree with the imposed temporary restraining order, there is still a legal way out.

This way out provides the opportunity to appeal directly to the administrative judge. This appeal provides an opportunity in which the person concerned can present his or her point of view and where the legality of the imposed restraining order can be reviewed. In some cases, when there is an urgent need for immediate protection, the person concerned can also apply for a preliminary injunction. This preliminary injunction may result in temporary measures taking effect while the case is before the administrative judge.

Failure to comply with a temporary restraining order is a serious violation of the law, with significant consequences. If someone fails to comply with an imposed restraining order, there are several consequences.

• community service: first of all, it may lead to community service, a punitive measure imposed by the court to make the person contribute to society in a useful way.
• Imprisonment: in addition, the judge may choose to impose a prison sentence, with a maximum of two years. This is a serious sanction that emphasizes how seriously violating a temporary restraining order is taken by the law.
• Additional conditions: in addition, the judge has the power to impose additional conditions to the sentence. This may include, for example, requiring the person to avoid certain areas to prevent further conflict. These conditions are designed to ensure the safety of all involved and to prevent a recurrence of the misconduct.

Failure to comply with these imposed conditions can have further legal consequences. The suspended sentence may be converted to an unconditional sentence, meaning that the person must serve the entire sentence in prison without the possibility of early release. This highlights the importance of respecting the conditions imposed and the seriousness of violating a temporary restraining order under the law in the Netherlands.