Do You Need Help Archives - Amsterdam Mamas

Domestic Violence in the Netherlands: Resources and Support

Editorial Team — Wed, 30 Mar 2022 07:08:37 +0000

Protect yourself by asking for information and assistance from professional help workers and organisations, so you are able to make the right decision for yourself and your children. Inform your general practitioner (huisarts) of your situation, and when possible ask for a referral to your local social work team (sociaal wijkteam) or the domestic abuse helpline Veiligthuis.

To talk to someone about domestic violence

Websites are in Dutch and English.

Veiligthuis (National Domestic Violence, Child Abuse & Elderly Abuse Hotline):
tel. 0800 2000 (24/7 free number)
Blijf Groep (North Holland domestic violence shelter group):
tel. 020 611 6022
Stichting Korrelatie (for help with relationship problems):
tel. 0900 1450
The primary aid line for help after sexual violence:
tel. 020 613 0245

Organisations that provide information and support

In English.

Amsterdam Mamas:
email community@amsterdam-mamas.nl
Kezban Foundation:
tel. 06-12 50 7996, email info@stichtingkezban.nl

For undocumented individuals and asylum seekers

ASKV/Steunpunt Vluchtelingen

For violent partners or family members, there is a programme for behavioural change where he/she can learn to control their aggression. In some cases, the victims of domestic violence find that once their partner joins such a group, the violence at home decreases. Addresses of such therapy and self-help groups are available from Veiligthuis, Blijf Groep, social workers, and women’s centres. For undocumented individuals and refugees, contacts at refugee organisations are available.

Create an Emergency Plan

An emergency plan can help you prepare for what to do in a violent situation.

Step by Step:

Create a network of supportive friends and/or family who can offer temporary help when you need it. Inform trusted individuals (social worker, friend, etc) of what is happening to you, and ask them to keep in touch with you at certain points of the day for updates on your safety. Create a follow-up plan in case you don’t respond. They can also call the police (112) for you when you are unable to during a physical assault or in an abusive situation.
Ask for help to arrange a shelter for yourself and your children that the offender does not know about. If at first it is impossible for you all to go to one address, arrange several alternative shelters and care providers for your child/ren. Various independent organisations have information about the different shelters available.
Prepare an emergency bag or suitcase which contains clothes, mobile phone, emergency money, transport pass/es, and other items that you will need immediately should the situation become so bad that you have to leave home in a hurry. At a time like that, you might not even have time to dress yourself or your children properly. Keep the suitcase well hidden in a strategic but easily accessible place in the house or at a trusted friend or neighbour’s place.
Gather important official documents such as passports, marriage certificate, birth certificates, your residence permit, bank cards, bank statements, diplomas, proof of residence, and a list of important telephone numbers and addresses. Keep them with your emergency bag, or with someone safe outside the home where you can collect them once you’ve left.
Slowly move your valuable personal possessions to a location unknown to your partner, such as a secure storage facility or spread out with friends. This prevents your partner from destroying your possessions and makes it easier to collect your property at a later time if you are unable to go back to your home.
Keep records, in any form, of everything connected in any way to the violence. Keep sms/e-mail/viber/WhatsApp, etc. messages, audio/video recordings, medical records, police statements, and court details and photos. Make copies of all important documents and have someone else keep them for you or uploaded to a secure cloud account that only you can access. You could need any or all of these later as proof of the violence.
After you have left, turn off location tracking on your electronic devices and do not under any circumstances give the offender or their friends or relatives any details of your whereabouts. Be extremely vigilant. Always inform someone you trust where you are going and what time you plan to be back. Always take as many safety precautions as possible.
Use the law and the regulations designed to protect you. Call the police (112). If necessary, seek a restraining order. If the case goes to court, request a lawyer to support you at all the hearings. Go through every legal procedure possible to convince the offender of their responsibility for their actions and to protect yourself. Do not allow yourself to be intimidated.
If you have shared custody of a child, stay in the country until you have gained permission from authorities to leave. Under the Hague Convention, a parent who takes a child out of the country without the permission of the other parent can be charged with child abduction, even the reason is due to domestic violence.
If you have limited Dutch reading/speaking/comprehension skills, seek help from an organisation that speaks your language or where the services of an interpreter are available. Always carry the telephone number of an interpreting centre in the area, or take someone with you who you trust completely and who can interpret for you. Courts provide a free translator – just remind your lawyer to request one for you. There is also a paid translation service (verbal and written) called Tok Telefoon: tel. 088 255 5222.

Report Abuse

If you need immediate help, call the police: dial 112. They are authorised to intervene in situations to keep you and your child/ren safe and secure.

The police are part of emergency services that can respond to situations such as psychological and physical abuse. When they come to your home due to you or your neighbour’s call, they will approach the offender about his/her behaviour and discuss what happens next. In some situations, a temporary restraining order is given to the offender. This means that he/she may not enter the house for a short period of time.

In cases of serious violence, the police can prosecute, in which case the offender will probably be taken to court.

You can also go to the police at any time. They will listen to you and explain what they can do. You can bring charges (via an aangifte police report), or you can report the incident to be recorded in the police records without pressing charges (an aanmelden police report). If you do decide to bring charges, they will ask for proof of evidence such as photos of bruises or wounds, medical records, or statements from witnesses.

You can also file anonymously (anoniem melden) through Meld Misdaad Anoniem: tel. 0800-7000 (weekdays: 8:00-24:00; weekend: 9:00-17:00).

If you have a dependent visa status, you are entitled to an individual residence permit if you separate or divorce due to domestic abuse. You will not have to leave the Netherlands.

How to Get Help for Domestic Violence in the Netherlands

ARISE NL — Fri, 11 Mar 2016 17:52:31 +0000

Domestic violence is something we hope no one ever has to go through. For parents in our community who find themselves in an abusive situation, the stress is often compounded by being in a foreign system and language. ARISE NL, a non-profit support organisation, has compiled their essential resources, in conjunction with the recommendations from the Dutch Ministries of Justice and Health.

Find Resources and Support

Protect yourself by asking for information and assistance from professional help workers and organisations, so you are able to make the right decision for yourself and your children. Inform your general practitioner (huisarts) of your situation, and when possible ask for a referral to your local social work team (sociaal wijkteam) or the domestic abuse helpline Veiligthuis.

To talk to someone about domestic violence (websites are in Dutch and English) you can contact:

Veiligthuis (National Domestic Violence, Child Abuse & Elderly Abuse Hotline): tel. 0800 2000 (24/7 free number)
Blijf Groep (North Holland domestic violence shelter group): tel. 020 611 6022
Stichting Korrelatie (for help with relationship problems): tel. 0900 1450
The primary aid line for help after sexual violence: tel. 020 613 0245

Organisations that provide information and support in English:

Amsterdam Mamas: email community@amsterdam-mamas.nl
Arise NL: email: ariseamsterdam@gmail.com
Kezban Foundation: tel. 06-12 50 7996, email info@stkezban.nl

For undocumented individuals and asylum seekers:

ASKV/Steunpunt Vluchtelingen

Create an Emergency Plan

An emergency plan can help you prepare for what to do in a violent situation.

Step by Step:

Create a network of supportive friends and/or family who can offer temporary help when you need it. Inform trusted individuals (social worker, friend, etc) of what is happening to you, and ask them to keep in touch with you at certain points of the day for updates on your safety. Create a follow-up plan in case you don’t respond. They can also call the police (112) for you when you are unable to during a physical assault or in an abusive situation.
Ask for help to arrange a shelter for yourself and your children that the offender does not know about. If at first it is impossible for you all to go to one address, arrange several alternative shelters and care providers for your child/ren. Various independent organisations have information about the different shelters available.
Prepare an emergency bag or suitcase which contains clothes, mobile phone, emergency money, transport pass/es, and other items that you will need immediately should the situation become so bad that you have to leave home in a hurry. At a time like that, you might not even have time to dress yourself or your children properly. Keep the suitcase well hidden in a strategic but easily accessible place in the house or at a trusted friend or neighbour’s place.
Gather important official documents such as passports, marriage certificate, birth certificates, your residence permit, bank cards, bank statements, diplomas, proof of residence, and a list of important telephone numbers and addresses. Keep them with your emergency bag, or with someone safe outside the home where you can collect them once you’ve left.
Slowly move your valuable personal possessions to a location unknown to your partner, such as a secure storage facility or spread out with friends. This prevents your partner from destroying your possessions and makes it easier to collect your property at a later time if you are unable to go back to your home.
Keep records, in any form, of everything connected in any way to the violence. Keep sms/e-mail/viber/WhatsApp, etc. messages, audio/video recordings, medical records, police statements, and court details and photos. Make copies of all important documents and have someone else keep them for you or uploaded to a secure cloud account that only you can access. You could need any or all of these later as proof of the violence.
After you have left, turn off location tracking on your electronic devices and do not under any circumstances give the offender or their friends or relatives any details of your whereabouts. Be extremely vigilant. Always inform someone you trust where you are going and what time you plan to be back. Always take as many safety precautions as possible.
Use the law and the regulations designed to protect you. Call the police (112). If necessary, seek a restraining order. If the case goes to court, request a lawyer to support you at all the hearings. Go through every legal procedure possible to convince the offender of their responsibility for their actions and to protect yourself. Do not allow yourself to be intimidated.
If you have shared custody of a child, stay in the country until you have gained permission from authorities to leave. Under the Hague Convention, a parent who takes a child out of the country without the permission of the other parent can be charged with child abduction, even the reason is due to domestic violence.
If you have limited Dutch reading/speaking/comprehension skills, seek help from an organisation that speaks your language or where the services of an interpreter are available. Always carry the telephone number of an interpreting centre in the area, or take someone with you who you trust completely and who can interpret for you. Courts provide a free translator – just remind your lawyer to request one for you. There is also a paid translation service (verbal and written) called Tok Telefoon: tel. 088 255 5222.

Report Abuse

If you need immediate help, call the police: dial 112. They are authorised to intervene in situations to keep you and your child/ren safe and secure.

In cases of serious violence, the police can prosecute, in which case the offender will probably be taken to court.

You can also file anonymously (anoniem melden) through Meld Misdaad Anoniem: tel.0800-7000 (weekdays: 8:00-24:00; weekend: 9:00-17:00).

If you have a dependent visa status, you are entitled to an individual residence permit if you separate or divorce due to domestic abuse. You will not have to leave the Netherlands.

5 Ways to Get Free or Cheap Legal Advice in Amsterdam

Emmy Coffey McCarthy — Mon, 05 Oct 2015 12:52:28 +0000

Navigating the law in a foreign country can be stressful and confusing. Below is our edit of free or inexpensive services, providing answers to difficult legal questions and support in your time of need. Please note that The Wetwinkel, Rechtswinkel and Wijksteunpunt Wonen have an English webpage in addition to the Dutch one.

Rechtwijzer is an online legal guidance website. It is in no way a substitute for in-person legal advice. However, if you want to get a general idea of the solutions available for your problem then Rechtwijzer is a good starting point. The website covers the following jurisdictions: family partnerships, consumer issues, government body conflict, rent, resignation and debt management.

Juridisch Loket is probably the best-known service for free legal advice in Amsterdam and across the Netherlands. It is also your first stop for legal aid. The service is very comprehensive and covers work, housing, criminal and civil law, consumer rights, financial guidance, residency and immigration, social benefits, and accident and injury. They also offer a database of template legal letters in Dutch so that you can start the process yourself.

The Wetwinkel began in the 1980s to cover the gap between serious legal issues and people who did not know how to navigate the law. Staffed by law students of the UvA, they specialise in rent issues, labour law, consumer rights, administrative law, and other civil issues (contracts etc.). They do not cover criminal, tax, personal, family, or inheritance law.

The Rechtswinkel has been providing free legal advice in Amsterdam since1972. They offer telephone advice and walk in clinics during the week. They specialise in labour, consumers, rent, personal and family and social security. They do not cover business advice or urgent legal matters.

Wijksteunpunt Wonen (WSWonen) gives tenants free information, advice, and support in the field of renting and living. WSWonen is an independent foundation. As well as individual advice, they also cover tenants’ rights across the city, ensuring that fair rents and best practice is adhered to. They have different offices for each district of the city.

EDITOR’S NOTE: All of these organisations provide the starting point for your legal research. If your issue is urgent or not covered by any of their jurisdictions, then we strongly recommend proceeding directly to a lawyer for assistance. Please ensure that you have read the article Legal Aid in the Netherlands for further information on how to proceed.

photo credit: Deborah Nicholls-Lee

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Moving With Children After a Divorce

Willem de Boer — Wed, 20 Nov 2013 03:30:27 +0000

Dutch legal expert Willem de Boer addresses the legalities of moving minor children to live with one parent after a divorce.

When the parents of children of minor age decide to get a divorce, they are faced with various choices. One of those choices is where the mother and father are going to live, and where the children are going to live.

If one of the parents decides to move and wants to take the children along, this often results in a conflict between the parents. In any case, it is important to know what is and what is not permitted. In the remainder of this article, I will use the basic assumption that the mother wishes to move with the children and that the father will remain in the place he is currently living in.

Authority

Basically, if a child is born in a marriage or a registered partnership, the parents share the authority of the child. It is also possible to have the authority shared by both parents registered in the authority registry. In this article, the basic assumption is that both parents share authority of the child.

Consent in Lieu

If both parents share the authority of the child, the basic assumption is they will communally determine the child’s domicile. In cases in which a conflict arises about this, a petition can be made to a court to grant consent in lieu. When making his decision, the judge will have to consider various interests, the child’s being the most important.

Moving Without Permission

It is not advisable to move with the child without permission from the other parent or the court. When it involves an international move, this is likely to be labelled an international child kidnapping. Yet it may also lead to serious consequences if it occurs within the nation’s borders, for example that the children will have to live with the father, or that the mother will have to move back within a certain distance of the father.

The Child’s Interests

As said, the child’s interests are the main consideration for a court. In this respect, contact with both parents at regular intervals is considered very valuable, as well as the importance of staying in its comfortable surroundings. Also, the social-economic interests of the child must be considered, for example the fact that the mother is enabled to look for work or obtain good accommodation that she is able to afford.

Interests of Others

Recently, the court have shown the tendency to also weigh in the interests of others – namely (mostly) the parents. For example, some of the determining factors may be the location where the parents work or may be able to find work, where the parents have their social network or locations where they can create a solid basis for their lives -yet, in some cases, this may also involve the place where a possible new partner lives, with whom they also may other children, or where it is healthiest for the mother to work.

Other Factors

As mentioned, a judge will consider many factors before making his decision. Below, you will find some of the factors that will be considered by a court:

The mother must be able to provide proof that, in the interest of her child or herself, a move would be necessary and there is no other way of meeting this requirement. For example, think of a realistic job or housing opportunity, or the fact that all of mother’s family are living in a certain area, enabling her to have her children looked after when she goes to work. Also, in some cases, a mother may prove that she is not at all able to settle in in the husband’s current domicile, after having moved there.
The move must be prepared properly, For example, think of available accommodation, the choice of schools and the prospect of employment.
The way in which the children will keep in contact with their father will have to be contemplated. E.g. conversations via internet or over the phone, but also an arrangement for visits by the children to their father and vice versa. Also, this arrangement must be financially manageable for the parents, especially as distances become even greater.
The level of healthy consultation between the parents also plays an important part. In the eyes of a judge, parents who are able to communicate with one another properly will be better capable of observing the child’s interests after a move.
What may also be important is the division of care before the move. A mother who has always taken care of the children by herself is more likely to be granted permission to move than a mother whose child was also taken care of to a large extent by the father.
If the parents were married and have not yet set up a custody agreement as part of their divorce, consent in lieu will generally not be granted.
Children who are over the age of twelve will also be asked for their opinion and whether they are bound to the current domicile because of hobbies or for other reasons.

Conclusion

Moving the children following a divorce is not a decision you would want to rush into. Besides the fact that consent in lieu will have to be obtained from a court – if the father (or mother) does not agree- this permission will not be granted unless the request is properly founded. A simple ‘yes’ or ‘no’ regarding the question of whether the move will be granted cannot be provided, since every case is different from the next and since a court will consider many factors in its decision. As a result, it is very important to seek legal assistance from a lawyer who is experienced in these types of cases.

photo credit: theloushe via photopin cc

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Becoming a Single Parent Abroad

Kate Berger — Thu, 27 Mar 2014 03:30:25 +0000

Becoming a single parent while living in a foreign country presents its own unique challenges. Our resident child psychologist, Kate Berger, offers general advice on how to parent the best you can during this period of transition.

Managing Divorce While Living Abroad

Today it is estimated that a third of all marriages end in divorce. Despite this high number, there is still little research on divorce amongst the expatriate population. Parents living abroad face a lot of unique challenges relating to time and relationship roles shifting before, during, and after an overseas relocation. Families can face further difficulties associated with balancing their own relationships while effectively supporting their children in the relocation process.

There is no guide out there (to my knowledge anyhow!) on becoming a single expat parent but I’ve worked with quite a few families in this situation in recent months and want to offer some general support on the matter in order to help you and help your child reach their potential and prosper amidst adversity.

In my experience, single parents want to protect their child from all the ‘bad stuff’ associated with an expat lifestyle: having to make new friends, adjusting to a new, non-native environment, and mourning the loss of day-to-day contact with friends and family.

Divorce brings additional challenges for their kids: stressed parents, changes in the amount of time kids may spend with each parent, confusion, questions, anger, etc. If you want to protect your child from any negative effects associated with parental divorce in these difficult circumstances, I advise you to keep these points in mind:

1. A child can be happy when being raised by a single parent.

Some kids who are raised by a single parent may risk feeling less supported in comparison to their peers who may have two parents. Children may have mixed emotions about their other – perhaps absent – parent; and if the other parent is living in another city or country, this can be challenging when the child wants to have the father/mother in their life but doesn’t know how. However, if a child’s basic needs are attended to – they grow up in a loving, safe environment with quality care – they can still develop normally and happily. While having one parent may not represent the ideal scenario that you had intended for your child, if you are the best caregiver in your ability, your child will not only learn by your example but also that he/she is worthy of your efforts, time and love, even though it may be difficult. This is something important to convey to children of divorced parents.

2. Be honest and share information.

One of the reasons divorce can be so difficult for children is because they do not understand it. It’s important to be honest and clear about the circumstances that led to the separation (however, age-appropriate explanations are necessary!), and reassure kids that they are not responsible for what has occurred. When logistics are being sorted, keep kids involved in the process to eliminate uncertainties – e.g., when one parent moves out of the home, include the kids in the process of visiting the new home. Designate time to discuss any legal or financial matters when the kids are not present, but let them know that “Mommy and Daddy are having a meeting tonight to figure out important stuff about the future”, for example. This will reassure kids that matters are being handled with confidence, and thus helps diminish any insecurity that their future will not be safe.

3. Be respectful and kind in communications.

It’s important to remain respectful when discussing the other parent with your child, so, as much as possible, bite your tongue (and go tell a friend!) if the other parent makes your skin crawl. Remind yourself that at one point you happily brought your child into this world with the other parent, so it will do a lot of good (for all involved, but especially for the kids!) if you treat one another with respect and take responsibility to communicate as adults, however you feel about each other. There are always valid reasons for being angry and hurt in a divorce (infidelity, lies, or changes in interests and attitudes), however your children are innocent and you will unfairly damage them emotionally if you make them choose sides and if you lose sight of their needs in the separation process.

4. Make yourself a priority.

Your kids will follow by your example, so taking care of yourself sends the clear message that self-respect and boundaries are important for well-being. Most parents already know that you’re not going to be a ‘good parent’ if you’re a mess, so it’s OK – and necessary – that you make time for yourself, and don’t feel guilty about it! Make sure your own emotional and social needs are met – it’s a struggle to not feel alone and isolated especially as expats, and you need to mourn the loss of your marriage, so make friends and seek support from a therapist/counselor/coach as needed. Trusted confidants in your life, who you can rely on and have fun with, will make you feel better, and your kids will reap the benefits.

5. Be realistic and listen to you kids.

It’s important to address your child’s practical and emotional needs and the best way to do this is to listen. If your child is finding it difficult to express themself, ask open-ended questions: “What do you think about not having Mommy with us for dinner?” or “There have been a lot of changes recently – what are you confused about that I can try to answer?” And listen to non-verbal cues like any sudden behavioral changes. Often kids are letting you know when they are feeling frustrated, angry, sad or confused, and it’s a matter of tuning in to their wavelength and validating their feelings. Let your child know, via listening and communicating (verbally and non-verbally- a hug in their time of need can go a long way), that they are supported and understood, and a priority in your life.

Bottom line: Divorcing as an expat is difficult, and there’s no one-answer for how to parent in the midst of all of the changes. Keeping your child’s needs in mind, and setting the intention to be the best parent you can be can make all the difference. When you need professional support, don’t wait to seek help.

photo credit: gagilas vphotoia photopin cc

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Legal Aid in the Netherlands

Willem de Boer — Thu, 05 Sep 2013 02:30:23 +0000

Dutch legal expert Willem de Boer helps explain legal aid in the Netherlands.

The Raad voor Rechtsbijstand (Legal Aid Board) was instituted by the Minister of Justice (Lord High Chancellor). Its aim is to make sure you will have legal representation should you require any. If you cannot afford a solicitor, the Council will provide financial support. Your solicitor will receive a toevoeging, a monetary allowance. You will pay part of the cost yourself. The size of your contribution depends on the height of your income.

Under the European Convention on Human Rights and the Constitution of the Netherlands, each citizen (or visiting citizen) of the Netherlands has the right to access courts, apply for legal advice and representation and, if means do not suffice, receive state-financed legal aid. The Dutch Legal Aid system provides legal aid to people of limited means.

Anyone in need of professional legal aid but unable to (fully) bear the costs, is entitled to call upon the provisions as set down in the Legal Aid Act (in force since 1994; the last amendment of this law took effect on July 1st, 2011). The Legal Aid Act of 1994 replaced the prior statutory system that dealt with the supply of legal aid and dates back as far as 1956. Given their financial means and merits, approximately 36% of the Dutch population (with a total of 16.7 million people) would, according to the latest estimates, qualify for legal aid if circumstances so require. The legal aid itself is mainly financed by the state (the Legal Aid Fund) and only for a minor part by an income-related contribution of the individual client.

Fields of Law:

Labour/employment
Family (domestic violence, divorce, alimony, child abduction etc.)
Contract/consumer
Social security
Housing
Criminal
Immigration
Administrative
Other civil cases

The eligibility for legal aid is based on both the client’s annual income and his assets. The LAB verifies the client’s personal data with those in the municipal population register and checks the applicant’s income with the tax authorities. It is able to do so with the aid of a burgerservicenummer (citizen service number) (BSN); this is a unique identification number, which every Dutch citizen receives when registering in the municipal population register.

Thanks to online connections with the tax offices, the LAB is able to rapidly obtain information concerning the applicant’s income and other available financial means. Assessment of the applicant’s income level (and hence his potential eligibility for legal aid) is based on his income two years prior to the application date, the so-called reference year (t-2). The reason to use that year’s income data, is that those data are the latest that are available from the tax authorities. Moreover, those data have generally been found correct and therefore final. So, for a certificate to be granted in 2013, the applicant’s income in 2011 is decisive. In order to qualify for legal aid in 2013, the applicant’s income in 2011 should not be higher than € 24,900 (single person) or € 35,200 (married persons /single person with children).

However, requests can be made to change the reference year, if the applicant’s income in the year of application has decreased substantially compared to that in the reference year. This holds if the applicant’s reference-year income would not make him eligible for legal aid, whereas his present income would. If an applicant wishes to be eligible for a lower contribution, his income needs to have decreased by at least 15% since the reference year.

Eligibility for legal aid

Eligibility for legal aid, however, is not only subject to the level of income but to the availability of other financial means (such as savings) too. The applicant’s assets must not exceed € 20,014 (with a supplementary allowance of € 2.762 per child under 18 in his care).

People seeking justice are encouraged to visit the Legal Services Counter first by offering them a discount of € 51 on the individual contribution, should it turn out that a certificate is needed after all. People seeking justice with a certificate and who have not visited the Legal Services Counter first will not receive this discount on the individual contribution. There are also cases in which the discount is automatically given, for example in criminal cases. In 2012, the contributions to be paid by clients varied from € 127 to € 785 per case (depending on income). Individuals whose income exceeds € 35,200 (partner income included) or € 24,900 (single) are not entitled to legal aid.

In 84% of the cases of certificates granted, the person seeking justice comes under the lowest individual contribution category. Sometimes clients are exempted from individual contributions. This applies to all cases where people have been deprived of their freedom against their will. But also ‘have-nots’ are exempted from paying an individual contribution. If a client is in need of a second certificate within six months, his contribution is reduced by 50%; this reduction applies to a maximum of three certificates within six months. If a client has not visited the LSC, this reduction will not be applied. In the second half of 2013, this so called ‘anticumulation scheme’ will be abolished; from then on, there will only be a hardship clause. It is also possible to apply for a mediation certificate. This allows the client to call in assistance of an independent mediator, so as to help him to settle an issue between himself and another party. To stimulate the use of ADR, the client’s contribution towards the costs of mediation is generally less than that of regular legal aid. In 2012 the contribution for mediation was set at a maximum of € 102.

In case of relatively simple legal problems, private lawyers are allowed to charge a standard three-hour legal advice fee, of which the client contributes € 41 or € 76, depending on his income. This is called a minor aid certificate.

Duty lawyers

Besides certificates, the LAB also provides duty lawyers. Each criminal suspect, alien or psychiatric patient who has been lawfully deprived of his liberty against his will receives a visit from a subsidized lawyer. The availability of lawyers is provided for through the defence counsel rota services. Lawyers are scheduled according to a rotation system, so that a lawyer will always be available. In 2012, legal aid provision through duty lawyers took place over 127,000 times.

Legal aid in the Netherlands is usually provided by private lawyers that provide legal advice and represent clients in cases that deal with the major fields of law: criminal, family, labour/employment, housing, social security, consumer, administrative, asylum and immigration. Private lawyers obtain legal aid cases in two ways: either one of the LSC refers a client to a lawyer, or a client contacts a registered lawyer on his own accord. In the latter case the lawyer will have to refer a client back to the Legal Services Counter in order to qualify for a discount in the individual contribution, if a certificate for legal aid is needed. To be entitled to accept legal aid cases, private lawyers need to be registered with the LAB and comply with a set of quality standards. The quality is assured by the Bar. For some fields of law – criminal, mental health, asylum and immigration law, youth, family law –additional terms apply. These are mainly concerned with specific training: the lawyer must both have adequate expertise and sufficient experience in that particular field.

photo credit: UNDP in Europe and Central Asia via photopin cc

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Reporting Domestic Violence and Child Abuse

Margreet de Boer — Mon, 02 Mar 2015 16:34:19 +0000

Lawyer Margreet de Boer discusses your obligations – both moral and legal – when confronted with possible domestic violence or child abuse in the Netherlands.

Your Obligations

The risk of asking a lawyer the question: “What should we do when we suspect a neighbour is being subjected to violence?” is getting the purely legal answer: “You do not have to do anything”. Indeed, except for severe crimes like murder and rape, there is no obligation for civilians to report a crime to the police.

The moral answer to the question, however, is: “Act”.

What You Can Do if You Suspect Domestic Violence or Child Abuse

If you are not sure what the signs of domestic violence are, or if you want advice on how to proceed, you can call Veilig Thuis (safe at home) on 0800-2000 (24/7 and free).

There are several possible ways to act if you suspect domestic violence is happening. In urgent cases, when you witness or suspect actual real-time violence is occurring – a row at the neighbours’ is getting out of hand, for example – you can call the police emergency number: 112.

When the police arrive, they will assess whether the situation is threatening, in which case they may give an expulsion order to the perpetrator. An expulsion order bans the abusive person from the house for ten days, during which the family members receive support. If you witnessed the violence, the police might ask you some questions. In serious cases of domestic violence and child abuse, you may have to give an official witness statement.

If you do not witness actual violence, but you suspect a child, woman or man is a victim of domestic violence, you can assist them by offering a listening ear and your support when they need it.

If you are not sure what the signs of domestic violence are, or if you want advice on how to proceed, you can call Veilig Thuis (safe at home) on 0800-2000 (24/7 and free).

You can speak with Veilig Thuis anonymously; they will not report the case to the police or Child Protection, or take any further steps, without your permission. Slachtofferhulp Nederland (Victim Support) also has information on helping victims of domestic violence, with a list of warning signs that domestic violence is occurring.

What are the Potential Repercussions of Getting Involved?

As long as you only share what you witnessed and why you are worried, reporting your suspicions to the police or Veilig Thuis will not get you into any legal trouble. Filing an official complaint with the police while knowing it is false, or publicly spreading defamatory information on someone is not allowed, and can lead to legal action. But if you are sincere and stick to the truth, you do not have to worry. Of course, it is always possible that the person you suspect to be violent turns their attention on you. In such a case you can take legal steps to protect yourself, either via the police or with a lawyer (for example with a restraining order).

If you want to support the victim(s) of domestic violence by offering them a place to stay, there are some matters to think about, especially if there are children involved.

If both parents have legal custody, it is punishable by law to remove the child(ren) from the care of one of the parents without his or her permission. This action is taken very seriously, both by the police and by Child Protection.

Therefore it is not advisable to hide a child, even if it is with one of its parents, without the other parent knowing where the child is.

If this feels too dangerous, it is essential to discuss the situation with Veilig Thuis and probably also with the police. They can make a safety assessment, and decide what information to give to the other parent. Of course, informing the other parent is mainly the responsibility of the parent staying with you, but if you are offering a safe space and keeping it secret, it becomes your concern as well.

When offering a place to stay for an extended period, you should also think of the possible consequences of sharing a house for social welfare and taxes (including surcharges).

In urgent cases, when you witness or suspect real-time actual violence is occurring – a row at the neighbours’ is getting out of hand, for example – you can call the police emergency number: 112.

In conclusion: if you suspect a neighbour is being subjected to domestic violence, there is no legal obligation to act, but there is a moral one. If your relationship to the victims allows it, talk to him or her, and offer your support. In urgent matters: call the police. And do not hesitate to call Veilig Thuis to discuss your suspicions and ask for advice.

Note: Per 2015 the former AMK (child abuse) and Steunpunt Huiselijk Geweld (Domestic Violence) merged into Veilig Thuis.

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