In Rijswijk, the court can impose a contact ban as part of a penalty. This means that the convicted person may not seek contact with the victim. Non-compliance is punishable.
What does a contact ban entail?
A contact ban prohibits the convicted person from contacting a specific person, often the victim. This can be combined with a location ban, also known as a street ban.
Types of contact bans
- Liberty-restricting measure (article 38v Criminal Code) - A standalone measure.
- Special condition - Linked to a conditional penalty or suspension of pre-trial detention.
- Condition with TBS - During trial leave or conditional termination of TBS.
What falls under the ban?
The contact ban can include various restrictions:
- Prohibition on telephone contact, sending messages or emailing.
- Prohibition on sending letters or gifts.
- Prohibition on coming near the victim's home or workplace.
- Prohibition on indirect contact via others.
How long does the contact ban apply?
As a standalone measure (article 38v Criminal Code), a contact ban can last a maximum of 5 years. As a special condition, the duration is equal to the probationary period, often between 2 and 3 years.
Supervision of compliance
The probation service in Rijswijk supervises compliance with the contact ban. In addition, an ankle bracelet with GPS can be used to check whether the convicted person adheres to the location restrictions.
Consequences of violation
Violating a contact ban has serious consequences:
- As a measure: a prison sentence of up to 4 years (article 184a Criminal Code).
- As a condition: a conditional penalty can be converted into an unconditional penalty.
Frequently asked questions about contact bans in Rijswijk
What should I do if the contact ban is violated?
Contact the police immediately (112 in emergencies) and file a report. Keep evidence such as messages or photos. The probation service or the Public Prosecution Service can take further steps, such as prosecution or converting a conditional penalty.
Does a contact ban also apply to online contact?
Yes, the ban can include contact via social media, email or other digital means. Indirect contact via third parties can also be prohibited. The court can specify this in the judgment.
Can a contact ban be extended?
Yes, an extension is possible if the court finds that danger still exists. As a victim, you can submit an extension request via the Public Prosecution Service. The maximum duration as a measure remains 5 years.
What is the difference between a contact ban and a location ban?
A contact ban focuses on avoiding all communication with the victim, while a location ban prohibits entering certain areas, such as the victim's neighborhood. Both can be imposed together.
Can I as a victim influence the conditions of the ban?
Yes, via a lawyer or the Public Prosecution Service, you can request adjustments, such as a longer duration or stricter rules. The court ultimately decides, taking your safety into account.
For legal assistance in Rijswijk, you can contact the Juridisch Loket Rijswijk. Cases are handled by the District Court of The Hague, under which Rijswijk falls.