Need a lawyer 'restraining order'?
The Temporary Restraining Order Act (WTH) is a legal measure in the Netherlands designed to ensure the safety of victims of domestic violence. This law allows for the imposition of a temporary restraining order on a person suspected of domestic violence. The goal is to prevent further escalation of violence and ensure the safety of the victim and any children.
Reasons for restraining order
A temporary restraining order can be imposed for several reasons.
The restraining order can be imposed if there is domestic violence or a serious threat of violence in the home. This can include physical violence as well as serious psychological or emotional abuse.
The restraining order is imposed to ensure the safety of the victim(s) and prevent further escalation of violence.
If children are present in the home, a restraining order can be imposed to protect them from the harmful effects of domestic violence.
How long does a restraining order last and can it be renewed?
The temporary restraining order can last up to 10 days. This period can be shortened or extended depending on the situation. After the initial 10-day period, the restraining order can be extended if the situation requires it. The mayor can extend the temporary restraining order up to a maximum of 4 weeks The extension is assessed by the judge at the request of the police or the public prosecutor.
Legal protection against restraining orders
The defendant may object to the restraining order to the court. This objection can be filed if the defendant believes that the restraining order was imposed unfairly or that the measures are not justified.
If objection is not granted, the defendant may pursue further legal remedies, such as appeal to a higher court, depending on the circumstances and jurisdiction.
Need a lawyer 'restraining order'?
Kötter, L'Homme & Plasman Lawyers are ready to assist you.
For questions or support, please contact our office via email at info@klpadvocaten.nl or by phone during business hours at 020-6731548.
