Decision of 20 October 2008, laying down rules on the nature of the facts and circumstances which may give rise to a ban on the land (Decision on temporary prohibition of domestic prohibition)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

On the nomination of our Minister of Justice of 8 April 2008, Executive Board of Law, No 5539022/08/6, made on behalf of our Minister of Home Affairs and Kingdom Relations;

Having regard to Article 2, first paragraph, of the temporary house ban Act ;

The Council of State heard (opinion delivered on 9 May 2008, No W03.08.0130/II);

Having regard to the further report of our Minister of Justice of 13 October 2008, No 5559357/08/6, co-released on behalf of Our Minister of Interior and Kingdom Relations;

Have found good and understand:

Article 1

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For the purposes of this Decision, a house ban shall mean a house ban as referred to in Article 1 (b) of the Temporary Home Ban Act .

Article 2

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• 1 The mayor shall only consider whether a house ban is being weighed or a ban imposed on the mayor. Annex facts and circumstances set out in this Decision.

• 2 The facts and circumstances referred to in paragraph 1 shall apply to:

  • a. The person in respect of whom is being considered to impose a house ban;

  • b. the conduct of the incident which is the reason to consider a house ban; and

  • c. the living conditions of the person, referred to in point (a), and those living in the same dwelling with that person, or residing in it otherwise than occasionally.

• 3 Under the facts and circumstances referred to in point (a) of the second paragraph, the police data relating to the person in respect of whom is envisaged to impose a house ban shall be understood to the extent that the Mayor has such information within the framework of the balancing plan referred to in the first paragraph.

Article 3

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This Decision shall enter into force on the date on which the Temporary house ban law enters into force.

Article 4

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This decision is cited as: 'Temporary house ban'.

Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.

' s-Gravenhage, 20 October 2008

Beatrix

The Minister of Justice,

E. M. H. Hirsch Ballin

The Minister of Home Affairs and Kingdom Relations,

G. ter Horst

Published on the Fourth of November 2008

The Minister of Justice,

E. M. H. Hirsch Ballin

Annex as intended: Article 2, first paragraph

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1. Facts and circumstances which concern the person in respect of whom is being considered to impose a house ban ( Article 2, second paragraph, point (a) ):

• a. Antecedents and incidents (based on police registration):

  • -registrations (HKS) and mutations violence

  • -registrations (HKS) and mutations morals

  • -registrations (HKS) and mutations of weapons related

  • -registrations (HKS) and mutations

• b. Mate of approvability:

  • -completely confused

  • -apathetic, feeling extremely close

  • -violent, non-negotiable, uncorrectable (against victim or third parties)

  • -extremely jealous of victim

  • -threats to hurt themselves or to actually injure themselves.

• c. Riser habits (alcohol-or drug use):

  • -signs of addiction or excessive use of alcohol

  • -Signals pointing to addiction or excessive use of soft drugs

  • -signs of addiction or excessive use of hard drugs

  • -under treatment (has been) for addiction

  • -heavily drunk at the moment (or strongly conjected)

  • -at the time drugs used (or strongly conjected)

2. Facts and circumstances relating to the conduct of the incident ( Article 2, second paragraph, point (b) ):

• a. Threat:

  • -verbally (shelled, screaming)

  • -threaten with physical violence

  • -threaten to use weapon

  • -threaten to kill

• b. Psychic violence:

  • -victim put under pressure by violence against children and/or housemates

  • -victim pressure put through violence against pets

  • -victim put under pressure by vandals (dearly loved) property of the victim

  • -putting victim under pressure by humiliating him or forcing him to do something against the will

• c. Physical violence:

  • -pushing, kicking, stomping, drawing hairs, etc.

  • -heavy contusions, burns, broken limbs

  • -contorted with weapon

  • -strangulation

• d. Sexual violence:

  • -rape or sexual assault

  • -forced sex or prostitution

  • -(presumption of) child abuse

• e. Zwaarte of intimidation:

  • -violence is arbitrary and completely without reason

  • -(threat of) sudden, extreme eruption of violence

  • -severe physical violence (with or without serious injury)

  • -Victim is totally non-defensible

• f. Great development:

  • -the gravity of the violence has increased in recent years

  • -the frequency of violence has increased in recent years

• g. Weapons:

  • -possession of firearm

  • -in possession of an arms licence

  • -use of weapon, stab gun, or (fake) firearm

  • -use of "accidental" weapons (crockery, ashtray, kitchen knife, etc.)

• h. Weapon-level use of weapons:

  • -threatening to do

  • -to throw at a distance

  • -the victim injured directly with it (direct physical contact)

  • -intentional (meant) injury victim (more or less with premeditation)

• i. Presence of children:

  • -Children's witness to violence

  • -children apathetic, crying or startling

  • -violence committed against children

  • -children injured

  • -under surveillance or other child protection measure

• j. Great expectation:

  • Victim fears future violence

• (c) Judicial ex-mission:

  • -show remorse, but hide behind external causes

  • -deny or minimize the violence

  • -justification of violence

3. Facts and circumstances relating to the living conditions of the person concerned (s) ( Article 2, second paragraph, point (c) ):

• a. Spanning by work-related problems:

  • -(long term) unemployment

  • -recent dismissal or threat of dismissal

  • -problems relating to incapacity for work or unemployment benefit

  • -stresses at work

• b. Spanning due to financial problems:

  • -a lot of debt

  • -Don't come around financially

  • -suspicion of a gambling problem

• c. Spanning by family and relationship problems:

  • -problems with children from a previous relationship

  • -do not accept a pregnancy

  • -disagreement on the education of children

  • -behavioural problems in children

  • -ongoing divorce proceedings

  • -other problems of relationship

  • -problems relating to residence permits, etc.

• d. Social isolation by limited friends-or knowledge-of knowledge:

  • -strict limitation of contacts (within their own culture or belief)

  • -contacts with the outside world are only through the person concerned

  • -person prohibits contact with friends or acquaintances

• e. Social isolation by role pattern:

  • -person checks finances, passport, etc.

  • -victim does not control indoors

  • -victim may not come outside or out of the house

• f. Social isolation by unadjusted family:

  • -there is no contact with the family

  • -disputes with others are resolved by conflict or violence

  • -there's a lot of fights in the family.

  • -antecedents victim who point to social isolation

  • -antecedents other members of the family who point out social isolation

  • -social isolation through excessive use of resources or addiction