In Westland, the judge may impose a contact ban as part of a penalty. This means that the convicted person may not seek contact with the victim. Violation thereof is punishable.
Meaning of a Contact Ban
A contact ban means that the convicted person may not make any form of contact with a specific person, often the victim. This may be accompanied by a location ban, also called a street ban.
Types of Contact Bans
- Liberty-restricting measure (article 38v Criminal Code) - A standalone sanction
- Special condition - Linked to a conditional penalty or suspension of pre-trial detention
- Condition with 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 emailing
- Prohibition on sending letters or gifts
- Prohibition on approaching the victim's home or workplace
- Prohibition on indirect contact via others
Duration of Validity
As a standalone measure (article 38v Criminal Code), a contact ban may last a maximum of 5 years. As a special condition, it applies during the probationary period, often 2 to 3 years.
Supervision of Compliance
The probation service supervises compliance with the contact ban. In some cases, an ankle monitor with GPS is used to check whether the convicted person adheres to location restrictions.
Consequences of Violation
Violating a contact ban has consequences:
- As a measure: up to 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 Westland
What to do in case of violation of a contact ban?
Contact the police immediately (112 in case of immediate danger) and file a report. Keep evidence such as messages or witness statements. The probation service or public prosecutor may take further steps, such as prosecution or conversion of a conditional penalty.
Does a contact ban also apply to online contact?
Yes, a contact ban may also prohibit communication via social media, email or apps. Indirect contact via third parties may also be prohibited. In case of uncertainty, you can contact the probation service or a lawyer.
How long is a contact ban in force and can it be extended?
As a standalone measure, a maximum of 5 years, as a condition during the probationary period (often 2-3 years). Extension is possible in case of ongoing risk, for example via a request from the victim to the public prosecutor.
What distinguishes a contact ban from a street ban?
A contact ban prohibits all contact with the victim, while a street ban prohibits entering specific locations such as a residential or work environment. These measures are often combined.
Can a victim influence the conditions of a contact ban?
Yes, a victim can request adjustment or extension of the ban via a lawyer or the Public Prosecution Service. The judge makes the final decision, taking into account the victim's safety.