A no-contact order from the Dutch Public Prosecution Service: complying with a behavioural direction and requesting changes

1. First establish which type of no-contact order you have received

The term no-contact order is used for various legal decisions. Check the issuer, the legal basis and the heading. For a behavioural direction under Article 509hh of the Dutch Code of Criminal Procedure, the public prosecutor makes the decision. A no-contact order may also form part of the conditions attached to a court decision. Other protective measures exist too, each with its own rules. The name someone uses during a telephone conversation is not enough to establish the correct procedure.

Keep the entire document, including any attachments and map. Record when and how you received it. Make separate overviews if several restrictions apply at the same time. The police describe these different legal forms in their overview of no-contact orders.

Does your document concern a different decision, or are you still unsure of its legal basis? Start with our general guide to a no-contact order or area restriction in a criminal case. This detailed article then deals exclusively with the OM behavioural direction under Article 509hh, including its specific duration, conditions for extension and appeal procedure.

2. A behavioural direction has its own legal basis

A behavioural direction is intended to reduce a particular risk while the criminal proceedings are still awaiting resolution. Its use requires serious grounds for suspicion against the suspect. Where the purpose is to protect individuals, there must be a fear of conduct causing them serious distress. The existence of a conflict or a report to the police therefore does not, by itself, explain why this particular direction is justified.

Under OM policy, there must be an intention to summon the suspect to appear before a criminal court when the direction is imposed. The direction itself does not finally dispose of the criminal case. Read which facts and risks the OM identifies and discuss any inaccuracies with a lawyer. Record what you know from your own observations and what you have only heard from others. See the OM policy instruction, section 5.1.

3. Read the exact scope of the prohibition

Underline the people covered by the prohibition and the description of prohibited contact. Check whether the wording also mentions contact through other people, social media or digital messages. Also check whether a separate area restriction applies. A prohibition on approaching someone and a prohibition on entering a particular place place different demands on your daily planning.

OM policy requires clarity about the people concerned and, where relevant, contact through social media. For an area restriction, the prohibited area must be described clearly. Ask your lawyer to seek clarification if, for example, a street boundary, shared workplace or online channel remains unclear. Do not test that uncertainty by making contact. See section 3.2 of the OM policy instruction.

4. Make arrangements for children, belongings and work without creating your own exceptions

A no-contact order can cause practical problems involving children, pets, keys, paperwork or a business. Make a specific list of these problems. For each one, describe what is needed, when it needs to happen and which solution could avoid direct contact. One possibility is a professionally arranged handover of belongings, provided that this approach is permitted under the decision in force.

An existing child contact arrangement or business obligation does not give you permission to create an exception yourself. An invitation from the protected person is not a formal amendment to the direction either. First have someone assess what coordination or amendment is needed. Do not use children or acquaintances as messengers to circumvent the prohibition. The practical aim is a workable solution that respects both the protection provided and your essential obligations.

5. Check the start date, duration and any extension

The written direction should state its start date, duration and reasons. The statutory rules provide for a maximum of ninety days per period and no more than three extensions. An extension requires criminal proceedings to have been instituted. The judgment becoming final may also bring the direction to an earlier end. These provisions appear in the official publication of Article 509hh, and the maximum periods are also confirmed in current police guidance.

Do not treat these maximum periods as your personal end date. Collect the original direction and all subsequent documents. Have someone check which document currently applies. Bear in mind that a new court-imposed prohibition may apply alongside or after the behavioural direction. An oral statement that the case will be concluded soon does not replace this check.

6. Make a specific request for amendment if circumstances change

New facts or circumstances may give the public prosecutor grounds to amend or withdraw the direction. The court before which you have been summoned also has powers concerning the direction. This follows from Article 509hh, paragraphs 4 and 6, as officially published. The appropriate route depends, among other things, on the stage of the proceedings.

Make your request specific. State which part causes problems, what new circumstance has arisen and what limited solution you are requesting. Attach relevant documents, such as a work schedule or a proposal for a safe handover. A general request to resume normal contact gives less to work with than a precisely described alternative. Keep the request and the response. Act only on the basis of a confirmed amendment that applies to your situation.

7. You can appeal against the direction to the district court

The suspect can appeal against the behavioural direction and any extension to the district court. The law provides that the court must decide as soon as possible and that a lawyer may provide assistance. This is a separate legal remedy; a complaint about a conversation with the police does not replace that procedure. The legal basis is set out in Article 509hh, paragraph 5.

Before filing, have someone check which court and submission channel are appropriate for your case. Organise your objections around specific questions: is the factual basis accurate, does the stated risk exist and is the chosen restriction appropriate? Also specify the outcome you are seeking. Do not regard filing a request or appeal as permission to make contact in the meantime. Ask explicitly what applies while it is being considered and keep a record of important answers.

8. An alleged breach requires a separate assessment

Breaching a behavioural direction may constitute a separate criminal offence. Where the direction is based on the risk of conduct causing serious distress to individuals, Article 184a of the Dutch Criminal Code is relevant. The exact legal basis and the required intent must be assessed. The police distinguish this from, for example, conditions attached to the suspension of pre-trial detention, where a breach has different consequences. See the official police overview.

If an unexpected encounter occurs, do not start an argument and safely increase the distance between you. Afterwards, make a factual note of the place, time and what happened. Keep any messages received without altering them. Discuss any suspicion that you have breached the direction with your lawyer before giving a detailed statement. If there is immediate danger, call 112; a no-contact order is no reason to refrain from seeking necessary emergency assistance.

9. Fictional example: a message about a school bag

Fictional example: after being suspected of making threats, Sam receives a behavioural direction containing a no-contact order concerning his former partner. Their daughter's school bag is still at Sam's home. His former partner sends a message asking him to bring the bag over himself that evening. Sam thinks this message gives him sufficient permission.

Sam first asks his lawyer to read the direction. He keeps the message and explains why the bag is needed. The lawyer can check whether a handover without prohibited contact is possible or whether a formal amendment must be requested. Until it is clear what is permitted, Sam does not take the bag over on his own initiative. The example does not predict an OM decision. It shows why an understandable practical need and the legal limits of a prohibition must be considered separately.

10. Prepare a case file you can use straight away

A useful case file starts with the decision and a short timeline. Include only documents that clarify a specific question. Distinguish between the substantive defence against the original allegation and problems with complying with the direction. Both may need attention, but resolving one issue does not automatically resolve the other.

Agree with your lawyer who will request clarification, who will initiate any proceedings and how you will receive amendments. Ask in advance which work and costs are covered by the engagement. Share sensitive documents only with people who need them to handle the matter. Whenever a new message arrives, check again which obligations apply.

• Keep the original direction, attachments and all extensions.
• Record when you received it, its start date, stated duration and case number.
• Highlight the people, communication channels and any prohibited areas.
• Describe necessary practical arrangements, including dates and supporting documents.
• Have the appropriate route for clarification, amendment or appeal assessed.
• Keep formal responses and also check any other prohibitions in force.