When the charges are criminal, the police will lead an investigation (the police will also inform an organization called 'Safe at home' that can offer additional support to the victim).

A domestic violence prosecution is typically triggered in one of the following ways:

1. If there is a threatening situation but no crime has been committed and/or it is not reported

If the police encounter a threatening domestic situation in someone's home, but a crime has not yet occurred, the police cannot arrest the offender and no prosecution would occur. Nevertheless, in these threatening situations, the police can request a Domestic Exclusion Order to exclude the offender from the home to prevent the violence or potential for violence from escalating.

2. If a person presses charges or files a report

The police will get directly involved (i) when there is immediate danger reported through 112 (police emergency phone number) or (ii) when an individual reports to a police station to press charges.

In addition to pressing charges (aangifte), one can also choose to report domestic violence anonymously (whether it occurred in the past or if one is in danger of it occurring in the future), leaving the decision to investigate or not to the discretion of the police. A report can be submitted by the victim or by others on behalf of the victim. A report can be submitted by the victim or by others on behalf of the victim, such as medical professionals and others.

3. Professionals who suspect domestic abuse

Doctors, nurses and other professionals may encounter victims of domestic violence through their work. The Reporting Code for Domestic Violence and Child Abuse stipulates and guides how such professionals act in situations where there is suspicion of domestic abuse. Every aid organization and independent professional may develop their own reporting code as long as it contains at least the five basic steps shown below:

• Step 1: Map out the signals.
• Step 2: Consult a colleague and, if necessary, consulting Veilig Thuis (Safe at Home — the advice and reporting point for domestic violence and child abuse).
• Step 3: Interview the person(s) involved.
• Step 4: Evaluate the circumstance of suspected domestic violence or child abuse with the following questions:
  • Do I have a suspicion of domestic violence or child abuse on the basis of steps 1 to 3?
  • Do I have a suspicion of acute or structural insecurity?
• Step 5: Make a decision on next steps:
  • Is reporting necessary? Reporting is necessary if there is acute or structural insecurity.
  • Is it possible to provide or organize help (also)?

Assistance is possible in the following cases:

• The professional is able to provide or organize effective/appropriate help.
• The person involved cooperates with the offered or organized help.
• The help leads to sustainable security.

If it is not possible to provide help on the basis of one of these points, reporting to Veilig Thuis (Safe Home) is necessary.

Domestic violence is a criminal offense. Legal help for victims is available for pressing charges (preparing and going with the victim to the police station), advice about collecting evidence/proof of abuse, requesting a restraining order, and during a criminal trial (beyond law firms, it's good to know that Victim Support Netherlands offers legal support during the criminal trial, requesting a temporary restraining order and more).

If the prosecutor (officier van justitie/openbaar ministerie) eventually decides not to prosecute due to, for example, a lack of evidence, it is important to know that within a term of three months, an attorney can help the victim start a complaint procedure against this decision at a higher court (gerechtshof). This procedure is called the Article 12 Wetboek van strafvordering procedure. If the higher court decides that a prosecution has enough legal basis, then the prosecutor (officier van justitie/openbaar ministerie) will be forced to prosecute the suspect/abuser. In this case, an attorney can possibly still make sure prosecution takes place. Technically this procedure does not require law firm involvement; however, it is a challenging and highly technical process that the victim will likely find difficult to do alone.

In addition, there is also an option to claim damages, whether in a criminal procedure (voeging als benadeelde partij), where representation by a lawyer is not required but is highly advisable to substantiate damages, or a civil lawsuit (the threshold of mandatory legal representation is a claim larger than EUR 25,000 in a civil procedure).

Yes. Evidence of the abuse is required, for example, pictures, reports from a medical professional, reports from witnesses, emails, text messages, letters, etc. If possible, it is advisable to collect evidence before pressing charges and hand it over to the police as part of the process.

Criminal law

The procedure starts with pressing charges (aangifte). Then the police will investigate and, after that, the prosecutor will decide if the suspect will be prosecuted. The problem is that in these cases, there are often only two witnesses — the perpetrator and the victim. Therefore, for the victim, it is important to collect as much evidence as possible in order to convince the prosecutor to prosecute. If that happens, the judge can only convict the perpetrator if there is enough lawful and convincing evidence.

Civil code

Yes. A perpetrator can claim affirmative defenses such as self-defense or insanity.

See Section 5.4.2 "Who may abstain from testifying in certain situations."

That depends on the specific form of violence (e.g., rape, stalking, physical abuse, etc.). If a violent act happens within the context of the domestic environment, it is treated as intimate partner violence, which entails sentencing that is higher by a third. For example, in the case of "standard" violence, the maximum sentence is three years in prison, but in the case of violence against a spouse or a child, then the offender can receive a sentence of four years in prison. The aggravating circumstance of intimate partner violence adds a third to the maximum sentence.

Yes. Depending on the circumstances, criminal penalties can be given, such as imprisonment, limitation of movement (house arrest), payment of damages, community service arrangements, prohibition of entering a certain area, a restraining order, and so on.

Depending on the terms, it can vary between paying a fine and going to jail.