In Utrecht, the court can impose a contact ban as a penalty. This means that the convicted person may not seek contact with the victim. Non-compliance is punishable.
Definition of a Contact Ban
A contact ban means that the convicted person may not initiate any form of contact with a specific person, often the victim. This may be accompanied by a location ban, such as a prohibition from entering certain streets.
Types of Contact Bans
- Liberty-restricting measure (article 38v Criminal Code) - A standalone penalty.
- Condition attached to penalty - Linked to a conditional penalty or suspension of pre-trial detention.
- Condition attached to TBS - During trial leave or conditional termination of TBS.
Content of the Ban
The contact ban may include various restrictions:
- Prohibition on telephone contact, sending messages or emails.
- Prohibition on sending letters or gifts.
- Prohibition on approaching the victim's home or workplace.
- Prohibition on contact via intermediaries.
Duration of the Ban
As a standalone measure (article 38v Criminal Code), a contact ban may last a maximum of 5 years. As a condition attached to a penalty, it applies during the probationary period, often 2 to 3 years.
Supervision of Compliance
The probation service in Utrecht monitors compliance with the contact ban. Additionally, an ankle bracelet with GPS may be used to monitor whether the convicted person adheres to location restrictions.
Consequences of Violation
Violating a contact ban has consequences:
- As a standalone measure: maximum 4 years' imprisonment (article 184a Criminal Code).
- As a condition: conversion of a conditional penalty to an unconditional one.
Frequently Asked Questions about Contact Bans in Utrecht
What to do in case of violation of a contact ban?
Contact the police in Utrecht immediately (112 in case of danger) and file a report. Preserve evidence such as messages or witness statements. The probation service or public prosecutor may take further steps, such as prosecution.
Does a contact ban also apply to online contact?
Yes, a contact ban may cover social media, emails, and other digital communication. Indirect contact via others may also be prohibited. If in doubt, contact the probation service in Utrecht.
What is the maximum duration of a contact ban?
As a standalone penalty, the duration is a maximum of 5 years. With a conditional penalty, it applies during the probationary period, often 2-3 years. Extension is possible in case of ongoing risk, via a request to the court.
What distinguishes a contact ban from a location ban?
A contact ban prohibits all forms of contact with the victim, while a location ban specifically prohibits entering certain areas, such as a neighborhood in Utrecht. Both may be combined.
Can I as a victim influence a contact ban?
Yes, via a lawyer or the Public Prosecution Service in Utrecht, you can request adjustments, such as extension or stricter conditions. The court ultimately decides, with your safety as the priority.
Local Information in Utrecht
For legal support, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. Matters concerning contact bans are handled at the Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1.