Assault and threat in the Netherlands: offences, penalties and huisverbod

Assault (mishandeling) under Dutch law is intentionally causing someone pain or injury, or intentionally harming their health; under Article 300 of the Dutch Criminal Code (Sr) it carries up to three years’ imprisonment. The penalty rises sharply if serious injury results, if the act was premeditated or if the victim is a partner, child or public servant, while threatening someone (bedreiging) is only punishable if the threat concerns one of the serious offences listed in Article 285 Sr.

A fight outside a bar, an argument at home reported by a neighbour or an angry message read as a threat can each lead to a police file and a criminal record. Separately, the mayor can impose a temporary domestic exclusion order (tijdelijk huisverbod) for ten days. This article explains the offences, the procedure, the position of the victim and the exclusion order. If you or your children are in danger at home, Veilig Thuis, the national advice and reporting centre for domestic violence and child abuse, can be reached day and night.

What counts as assault under Dutch law?

The Criminal Code does not define assault; the courts have filled it in as intentionally causing bodily pain or injury. Article 300(4) Sr adds intentionally harming someone’s health. Three points follow:

• Intent is required. Conditional intent is enough: knowingly accepting a substantial chance of causing pain or injury. Causing injury through carelessness is a separate, lesser offence (Article 308 Sr).
• Injury is not required. Pain is enough, so a slap that leaves no mark can be assault.
• Ordinary contact is not assault. Normal contact in sport and accepted medical treatment fall outside the offence.

An attempt at simple assault is not punishable: Article 300(5) Sr says so explicitly. An attempt at grievous bodily harm (Article 302 Sr) is punishable. Where several people use violence together in public, the prosecutor can charge public violence in association (openlijke geweldpleging, Article 141 Sr), which does not require proof of who struck which blow.

What are the maximum penalties?

The maximum depends on the intent, the result and whether the act was premeditated. The table shows the statutory maxima in the Criminal Code as in force on 1 July 2026.

When does assault become a serious charge?

Three factors turn simple assault into a serious charge: grievous bodily harm, premeditation and the aggravating circumstances of Article 304 Sr. Each raises the statutory maximum considerably.

Grievous bodily harm

The line between Article 300 and Article 302 Sr is serious bodily injury (zwaar lichamelijk letsel). Article 82 Sr lists cases that always qualify, such as permanent incapacity for work or loss of a sense or an organ. Beyond that list, the Supreme Court (Hoge Raad) weighs the nature of the injury, the need for and type of medical treatment and the prospect of full recovery (Hoge Raad 3 July 2018, ECLI:NL:HR:2018:1051). A fracture that needs surgery of some seriousness usually qualifies; bruising does not.

Premeditation

Premeditation (voorbedachte raad) turns Article 300 into Article 301 Sr and Article 302 into Article 303 Sr. It requires that the suspect had time to think about the decision and its consequences. Having that time is an important indication, but the court can give more weight to contrary circumstances such as sudden intense anger (Hoge Raad 28 February 2012, ECLI:NL:HR:2012:BR2342).

Partner, family and public servants

Article 304 Sr allows the prison sentence to be increased by one third if the assault is committed against the suspect’s mother, father, spouse, life partner (levensgezel) or child, or against a public servant during the lawful performance of their duties. This is the statutory basis for heavier penalties in domestic violence cases.

When is a threat a criminal offence?

A threat is only punishable if it concerns one of the offences listed in Article 285 Sr. The list includes public violence against persons or property, an offence endangering general safety, rape and sexual assault (Articles 241 and 243 Sr), any offence against life, hostage-taking, grievous bodily harm and arson.

Threatening to slap someone is therefore not covered, because simple assault is not on the list; threatening to kill someone is. The courts also require that the threat could reasonably cause fear that it would be carried out and that it reached the person threatened. The medium does not matter: a text message, a voice note or a social media post can all qualify.

How is the sentence determined?

The statutory maxima are ceilings that are rarely reached. In practice, the prosecutor follows the guidelines of the Public Prosecution Service (Openbaar Ministerie, OM) and the court follows the orientation points of the judiciary (LOVS-oriëntatiepunten).

The OM guideline for assault (Richtlijn voor strafvordering mishandeling) starts from the offence and any previous convictions and then corrects for the circumstances. The demand is considerably higher for reoffending and for violence against police officers, ambulance staff and others performing a public task. Typical sentences range from a fine or community service (taakstraf) to a prison sentence, often partly suspended with conditions such as probation supervision, aggression training or a contact ban.

Under Article 22b Sr the court may not impose community service on its own for an offence carrying six years or more that seriously violated the victim’s physical integrity. Community service is then only possible in combination with an unconditional custodial sentence (Article 22b(3) Sr).

Can you rely on self-defence?

Yes, if the strict conditions of Article 41 Sr are met. Self-defence (noodweer) justifies a defence that was necessary against an immediate, unlawful attack on your own or someone else’s body, sexual integrity or property.

The Supreme Court summarised the requirements in its overview judgment of 22 March 2016 (ECLI:NL:HR:2016:456). The attack must be actual or immediately threatening; fear of a future attack is not enough. The defence must be necessary, so if you could reasonably have walked away, the plea usually fails. The means used must be proportionate. A successful plea leads to a discharge from prosecution (ontslag van alle rechtsvervolging), not an acquittal.

Excessive self-defence (noodweerexces) excuses someone who went beyond those limits, but only if the excess was the direct result of a strong emotion caused by the attack itself. Someone who provoked the confrontation can lose both defences.

How does a criminal case run from report to hearing?

A case usually starts with a police report by the victim or a third party, such as a neighbour or Veilig Thuis. The police take statements, collect medical evidence and camera images, and invite or arrest the suspect for questioning.

A suspect has the right to consult a lawyer before the first police interview, to have a lawyer present during the interview, and to remain silent. After arrest, the suspect must be brought before the examining magistrate (rechter-commissaris) within three days and eighteen hours at the latest (Article 59a of the Code of Criminal Procedure, Sv).

The prosecutor then decides: drop the case, with or without conditions; dispose of it with a penalty order; or summon the suspect to court. Many violence cases are handled through the accelerated ZSM route. Pending the case, the prosecutor can impose a behavioural direction (gedragsaanwijzing) under Article 509hh Sv, such as a contact ban, an area ban or a reporting duty.

The penalty order (strafbeschikking)

The prosecutor can settle offences carrying a maximum of six years or less with a penalty order, without a court hearing (Article 257a Sv). This includes simple assault and threat. The order can impose a fine, community service of up to 180 hours, a compensation order for the victim and behavioural instructions, but no prison sentence.

A penalty order establishes guilt and is recorded in the judicial documentation system. That matters for a certificate of conduct (VOG), a residence permit and naturalisation. You can lodge an objection (verzet) within 14 days after the order was handed to you in person or otherwise became known to you (Article 257e Sv); the case then goes to court.

The court hearing

Straightforward cases are heard by a single criminal judge (politierechter), who usually gives judgment orally at the end of the hearing. More serious cases go to a three-judge criminal chamber of the district court. Appeal lies to the court of appeal (gerechtshof) and, on points of law only, to the Supreme Court. Hearings are in Dutch; a suspect who does not speak Dutch is entitled to an interpreter. A new Code of Criminal Procedure has been adopted, but it is not expected to enter into force before 2029, so the current article numbers apply to cases running now.

What rights does the victim have?

A victim has the right to be informed about the case, to be assisted by a lawyer or by Slachtofferhulp Nederland, to inspect the file and, for serious offences, to address the court.

The victim can claim compensation within the criminal case by joining as an injured party (benadeelde partij) under Article 51f Sv. The claim can cover medical costs, lost income, damaged property and non-material damage. The court deals with it if this does not put a disproportionate burden on the criminal case; otherwise the claim is declared inadmissible and the victim must go to the civil court.

If the claim is awarded, the court usually also imposes a compensation order under Article 36f Sr. The State then collects the amount. Under Article 6:4:2(7) Sv, if the offender has not paid in full within eight months after the judgment became final, the State pays the remaining amount to the victim (if a natural person) and recovers it from the offender. Victims of serious violent crime can also apply to the Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven), even if no offender is convicted.

How does the temporary domestic exclusion order work?

The mayor can order a person to leave their home for ten days if their presence poses a serious and immediate danger to the people living with them (Article 2 of the Temporary Domestic Exclusion Order Act, Wet tijdelijk huisverbod). The order is an administrative measure, not a criminal penalty, and can only be imposed on an adult.

Domestic violence is not a separate offence; it is prosecuted as assault, threat, stalking or a sexual offence, with Article 304 Sr as the aggravating circumstance. Assault and threat are not offences that require a complaint, so the prosecutor can continue the case even if the victim no longer wants it.

Who imposes it, and on what test?

The mayor is competent, but in practice the power is mandated to a senior police officer (hulpofficier van justitie) so that it can be used at any hour. The test is whether facts or circumstances show a serious and immediate danger, or a serious suspicion of it. This is a risk assessment, not a finding of guilt: no offence has to be proven and no arrest is needed. The police use a structured risk-assessment instrument (RiHG) to weigh the facts. Where child abuse is suspected, the mayor contacts Veilig Thuis.

The order requires the person to leave the home immediately, prohibits entering or approaching it, and prohibits contact with the people living there.

Duration, extension and breach

The order lasts ten days. Under Article 9 of the Act, the mayor can extend it to a maximum of four weeks from the date it was imposed if the danger continues. That period is used to arrange support for the household.

Breaching the order is a criminal offence: Article 11 of the Act sets a maximum of two years’ imprisonment or a fourth-category fine. Because the order includes a contact ban, a text message or phone call can be a breach even if the person never goes near the home.

How do you challenge the order?

You challenge the order before the administrative court of the district court, not the criminal court, by lodging an appeal together with a request for a provisional measure (voorlopige voorziening) under Article 8:81 of the General Administrative Law Act (Awb). Under Article 6 of the Act the excluded person is heard within three days, the judge rules immediately after the hearing, and no court fee is charged.

The administrative judge only decides whether the mayor could reasonably conclude there was a serious and immediate danger. Losing does not mean a conviction will follow, and winning does not stop a prosecution. Who may live in the family home in the longer term, and arrangements for the children, are decided by the family court.

What are the consequences for foreign nationals?

For anyone without Dutch nationality, a conviction for violence can also affect their right of residence. The Immigration and Naturalisation Service (IND) applies a public-order test to residence applications and existing permits; a conviction can lead to refusal, non-extension or withdrawal.

For regular residence permits, Article 3.86 of the Aliens Decree 2000 (Vreemdelingenbesluit 2000) uses a sliding scale: the longer you have lived in the Netherlands lawfully, the heavier the sentence must be before your permit is at risk. A community service order imposed by penalty order counts. EU citizens and long-term residents have stronger protection.

Naturalisation is assessed separately and more strictly: fines and community service orders above relatively low thresholds in the years before the application, and any custodial sentence, block naturalisation for a period. Check the current thresholds on ind.nl and raise your residence position with your criminal lawyer at the first meeting, before you accept a penalty order.

What should you check as a suspect?

As a suspect, the first days determine much of the outcome. Check these points:

• Have you used your right to consult a lawyer before the first police interview, and to remain silent until then?
• Which article are you charged under: Article 300, 302 or 285 Sr, and is Article 304 Sr applied?
• Is there medical evidence of the injury, and does it support “grievous bodily harm”?
• Do camera images or witnesses support self-defence under Article 41 Sr?
• Have you received a penalty order? The 14-day objection period of Article 257e Sv is running.
• Does a conviction or penalty order affect your residence permit, naturalisation or certificate of conduct?

What should you check as a victim?

As a victim, you have rights in the criminal case and possibly a claim for compensation. Check these points:

• Have you reported the offence and asked to be kept informed about the case?
• Have you kept medical records, photos of the injury and messages containing threats?
• Have you returned the injured-party form (Article 51f Sv) with your costs before the hearing?
• Is a contact or area ban needed now, through the prosecutor (Article 509hh Sv) or a temporary exclusion order?
• Does the offence qualify for the Violent Offences Compensation Fund?

What can we do for you with an assault or threat case?

Our criminal lawyers assist suspects and victims in assault, threat and domestic violence cases.

• We assist you before and during the police interview.
• We review the police file and the charge, and assess whether self-defence or a lower charge applies.
• We lodge an objection (verzet) against a penalty order within the 14-day deadline.
• We defend you at the hearing before the politierechter or the criminal chamber, and on appeal.
• We file the request for a provisional measure against a temporary exclusion order with the administrative court.
• We prepare and substantiate a victim’s compensation claim as injured party.

Summary

• Assault (Article 300 Sr) is intentionally causing pain, injury or harm to health; injury is not required. The maximum is three years, rising for serious injury, premeditation and violence against a partner or public servant.
• A threat is only punishable if it concerns an offence listed in Article 285 Sr, such as killing, grievous bodily harm or arson.
• The prosecutor can settle simple assault with a penalty order; you can object within 14 days (Article 257e Sv).
• The mayor can impose a ten-day temporary exclusion order, extendable to four weeks; it is challenged before the administrative court.
• A conviction or penalty order can affect a residence permit and naturalisation.

Frequently asked questions