Exclusion Order Template for Netherlands

An Exclusion Order is a powerful legal measure in Dutch law that bans someone from entering specific places or areas for a set period. Local authorities, like mayors, can issue these orders to maintain public order and safety, especially when dealing with persistent troublemakers or threats to community peace.

These orders play a crucial role in Dutch municipalities' safety toolkit, allowing officials to keep certain individuals away from shopping centers, entertainment districts, or public spaces when their presence poses risks. Under the Gemeentewet (Municipal Law), violations of an Exclusion Order can lead to immediate arrest and fines, making it an effective tool for preventing antisocial behavior and protecting public spaces.

Local authorities typically issue Exclusion Orders when standard police interventions haven't stopped disruptive behavior in public spaces. Common scenarios include persistent harassment of shop owners, repeated drug dealing in specific neighborhoods, or ongoing disturbances in entertainment districts that affect public safety and business operations.

Dutch municipalities often use these orders to address escalating situations before they become severe security risks. For example, when an individual repeatedly causes trouble at sports events, or when someone's behavior creates a pattern of public nuisance in shopping areas. The key is to establish clear documentation of the problematic conduct before implementing the order, as it must meet the proportionality requirements under Dutch administrative law.

• Time-based orders: Restrict access for specific durations, ranging from 24 hours for immediate threats to several months for persistent offenders
• Area-specific bans: Limit entry to defined zones like shopping centers, nightlife districts, or public transport hubs
• Event-related exclusions: Target specific events or recurring gatherings like football matches or festivals
• Conditional orders: Include specific terms about when the person can enter the area, such as only during certain hours or with supervision
• Emergency exclusions: Immediate, short-term bans issued during crisis situations or to prevent imminent public disorder

• Mayors and Municipal Authorities: Hold the legal power to issue and enforce Exclusion Orders within their jurisdiction
• Police Officers: Enforce the orders, monitor compliance, and can detain individuals who violate the restrictions
• Business Owners: Can request orders to protect their premises and may assist in documenting problematic behavior
• Excluded Individuals: Must comply with the order's terms or face legal consequences, including fines or arrest
• Municipal Legal Advisors: Draft and review orders to ensure they meet legal requirements and can withstand challenges
• Security Services: Help enforce orders and monitor restricted areas, especially in shopping centers or entertainment districts

• Document Prior Incidents: Gather detailed records of disruptive behavior, including dates, times, and witness statements
• Define the Area: Create precise descriptions and maps of restricted locations with clear boundaries
• Set Duration: Determine appropriate time period based on incident severity and legal proportionality requirements
• Identify Individual: Collect accurate personal details of the person to be excluded, including full name and address
• Legal Basis: Reference specific sections of the Gemeentewet that justify the order
• Appeal Rights: Include clear information about the person's right to challenge the order
• Enforcement Plan: Outline how the order will be monitored and consequences of violations

• Authority Statement: Clear identification of the issuing municipal authority and legal basis under Gemeentewet
• Personal Details: Full name, address, and identification details of the excluded person
• Geographic Scope: Precise description of restricted areas with clear boundaries and maps as attachments
• Time Parameters: Specific start and end dates of the exclusion period
• Reasoning Section: Detailed justification linking past behavior to public order concerns
• Legal Rights Notice: Information about appeal procedures and deadlines
• Enforcement Terms: Consequences of violation and enforcement procedures
• Official Signatures: Authorized signatures, municipal seal, and date of issuance

An Exclusion Order differs significantly from a Restraining Order in several key aspects, though both are legal tools for protecting safety and order. While Exclusion Orders focus on restricting access to specific public areas, Restraining Orders primarily deal with personal protection and preventing contact between individuals.

• Legal Authority: Exclusion Orders are issued by municipal authorities under administrative law, while Restraining Orders come from courts under civil or criminal law
• Geographic Scope: Exclusion Orders target specific public spaces like shopping centers or entertainment districts, whereas Restraining Orders typically prevent approaching specific individuals regardless of location
• Duration and Flexibility: Exclusion Orders often have shorter, more flexible timeframes and can be quickly modified by local authorities, while Restraining Orders usually have longer durations and require court proceedings to modify
• Enforcement Focus: Exclusion Orders prioritize maintaining public order, while Restraining Orders focus on personal safety and preventing harassment