Restraining Order Template for Netherlands

A Restraining Order (contactverbod) is a court-issued legal command that prohibits someone from contacting, approaching, or harming another person in the Netherlands. The Dutch courts can issue these orders to protect people from harassment, stalking, domestic violence, or other threatening behavior.

Under Dutch civil law, victims can request these orders through summary proceedings (kort geding), and violations can lead to fines or imprisonment. The order typically specifies exact distances to maintain, prohibited locations, and banned forms of contact including social media, phone calls, or messages. Police can immediately arrest anyone who breaks these rules, providing swift protection for those at risk.

Consider seeking a Restraining Order when someone's behavior makes you feel unsafe or threatens your wellbeing in the Netherlands. Common situations include persistent stalking, domestic violence, harassment at work or home, or repeated unwanted contact that causes distress or fear.

File for protection quickly if your harasser knows your home or work address, makes threats, shows up uninvited, sends disturbing messages, or has a history of violence. Dutch courts can issue emergency orders within 24 hours in serious cases. The sooner you act, the better your chances of preventing escalation and securing immediate legal protection through police enforcement.

• Emergency Protection Order: Issued within 24 hours for immediate safety threats, lasting up to 30 days
• Criminal Restraining Order: Imposed during criminal proceedings, often involving domestic violence or stalking cases
• Civil Protection Order: Obtained through civil court, offering broader protection against harassment or threats
• Location-Based Order: Specifically prohibits presence at designated places like home, work, or school
• Contact Prohibition Order: Bans all forms of communication, including digital contact and social media

• Protected Persons: Individuals seeking safety from harassment, stalking, or violence who request the Restraining Order through courts
• Restricted Parties: People ordered to maintain distance and cease contact with protected persons
• Dutch Courts: Issue and enforce the orders, set specific terms and conditions
• Police Officers: Monitor compliance, respond to violations, and arrest offenders who break order terms
• Legal Representatives: Lawyers who help victims file requests and represent parties during proceedings
• Social Workers: Support victims through the process and connect them with additional resources

• Document Evidence: Collect dates, times, and details of all incidents, including photos, messages, or witness statements
• Personal Information: Gather complete details about the person you need protection from, including home/work addresses
• Safety Assessment: List specific behaviors and threats that justify the order's necessity
• Location Details: Identify all places needing protection (home, work, school, etc.)
• Contact History: Document all previous attempts to stop the unwanted contact
• Police Reports: Obtain copies of any filed reports or case numbers
• Legal Support: Connect with a Dutch lawyer to properly file court documents

• Party Details: Full legal names and addresses of both protected and restricted persons
• Prohibited Actions: Clear description of banned behaviors (contact, proximity, communication methods)
• Distance Requirements: Specific minimum distances the restricted person must maintain
• Protected Locations: Exact addresses and premises covered by the order
• Duration: Start date and expiration date of the order
• Enforcement Terms: Consequences for violations and police authority to arrest
• Emergency Provisions: Special conditions for immediate protection needs
• Court Information: Issuing court details, case number, and judge's signature

A Restraining Order differs significantly from a Cease and Desist Order in both scope and enforcement. While both legal instruments aim to stop unwanted behavior, they serve different purposes and carry different legal weights in Dutch law.

• Legal Authority: Restraining Orders are court-issued commands with immediate police enforcement power, while Cease and Desist Orders are formal warnings that require additional legal steps to enforce
• Protected Interests: Restraining Orders primarily protect personal safety and prevent physical harm, while Cease and Desist Orders typically address business or intellectual property violations
• Violation Consequences: Breaking a Restraining Order can result in immediate arrest, while violating a Cease and Desist Order usually leads to civil litigation
• Duration: Restraining Orders have specific validity periods set by courts, while Cease and Desist Orders remain effective until the disputed behavior stops