Yes, there are civil protection orders available to victims of domestic abuse. Dutch law provides for three types of protective orders:
- Administrative law: According to the Temporary Restraining Order Act (Wet tijdelijk huisverbod 2008), the mayor may impose a restraining order on a person if the facts or circumstance show that their presence in the house seriously and immediately endangers the safety of one or more people who live with them in the house.[14]
- Civil law:
- street restraining order — prohibits entering a designated area or street
- no-entrance order — prohibits entering a house
- no-contact order — prohibits any contact with the applicant
- Criminal law
- Article 509hh of the Criminal Procedure Code: Restraining or protection orders can be imposed under this rule, but there has to be a concrete suspicion that a criminal act has been committed or is about to be committed. It can come in the form of a restriction from going to a certain place, a reporting requirement, an order to attend court or a code of conduct. These are valid for 90 days and can be extended three times (up to a maximum of one year). These orders can be imposed immediately. They can also be imposed (i) unilaterally by the prosecutor irrespective of the wishes of the victim, or (ii) a victim may also contact a prosecutor to ask for such a ban.
- Article 38v of the Dutch Criminal Code: As part of a decision on a criminal prosecution, the judge can impose an eviction or no-contact order as a condition of pretrial detention or as a custodial measure.
Protection orders can be issued to victims of crimes that are characterized by their repetitive nature, such as stalking and intimate partner violence (IPV), and can be issued for victims of instantaneous crimes (e.g., rape victims).
Temporary restraining orders under administrative law can be requested by the victims (Article 4:1 General Administrative Law Act) in exceptional cases, but mostly are requested by the public prosecutor or mayor. Only victims (i.e., claimants/ plaintiff) can apply for a protection order pursuant to civil law. Under Criminal laws, victims do not officially apply for the protection order but they can inform the police or prosecution that they need such an order.When a child witnesses domestic violence it is considered child abuse and child abuse is dealt with under the Safe Home protocol. The Safe Home Handling Protocol and the Quality Framework of the Child Care and Protection Board state that the investigator must always seek to speak to the child.
Furthermore, violence by an intimate partner can also be a reason to deny access or terminate parental authority if that is in the child's interest. Article 1:266 of the Dutch Civil Code (Grounds for a removal of parental authority) stipulates that the district court may remove a parent from the right to exercise authority over one or more of their children on the ground that the parent is unfit or unable to comply with their duty of care and unable to raise their children. Article 1:268 of the Dutch Civil Code lays down the grounds for such removal of parental authority, which include: abuse of parental authority, poor lifestyle, an irrevocable conviction (willfully participating in a crime), a serious disregard for the Youth Care Act and the existence of well substantiated grounds to fear that the interests of the child will be neglected when the parent claims the child back from other persons.
In cases where it is "urgent and necessary" and the court suspends both parents from authority, pending investigation, the child may be put in an interim guardianship (Article 1:271 of the Dutch Civil Code).
Civil protection orders can be issued without hearing the offender during the interlocutory trial in absentia. It is important that the summons is served on the defendant correctly, so that they have at least the opportunity to be present.
Administrative and criminal temporary restraining orders and protective orders need both parties present to be heard by the court.
Administrative temporary restraining orders may last for 10 days,[15] but can also be extended for a maximum of four weeks after being imposed if the threat of danger, or the serious suspicion thereof, continues.[16]
Criminal restraining orders can last up to 90 days and can be subject to renewal up to three times per year (see Section 4.1.1 "Are there civil protection orders available to victims of domestic abuse?" above).
For administrative protective orders, the victim does not have to attend a hearing.
Compensation for criminal acts can be claimed either by the victim filing a civil claim based on Section 6:162 of the Dutch Civil Code in the context of criminal proceedings or through a claim for damages in civil proceedings.
A court can also impose a compensation order on any person convicted of a criminal act (Section 36f of the Dutch Criminal Code) if and insofar as the suspect is liable under civil law for damages that were inflicted due to the criminal offense. Collection of the compensation and its transfer to the victim is arranged by the Central Judicial Collection Agency.
If the perpetrator does not comply, the victim has recourse to the advance payment scheme under Section 36f(6) of the Dutch Code of Criminal Procedure, whereby the state warrants the payment of the compensation order.
In the case of administrative temporary protection orders, if the situation is urgent, the protection order can be given verbally without being put in writing.