ECLI:NL:RBAMS:2012:BY1407
ECLI:NL:RBAMS:2012:BY1407
AI generated
Administrative court dismisses appeal against temporary residence ban extension due to ongoing domestic violence risk.
Netherlands (NL)
Legislator summary
AI generatedThe administrative court dismissed the appellant's appeal against both the initial and extended temporary residence bans. The court found insufficient evidence that the situation had materially changed since the ban was imposed, noting the victim's fear and lack of adequate support services. Consequently, the court ruled that the risk of further aggression remained present and the bans must be upheld.
Legislator headnote
AI generatedArt. 8:81 Awb; Art. 8:86 Awb: A temporary residence ban may be extended or maintained if the underlying risk of violence persists and no material change in circumstances justifies a new assessment.
Keywords
AI generated
temporary residence ban
domestic violence protection
administrative appeal
material change of circumstances
provisional measure
Cited Legislation
AI generatedArt. 8:81 Awb
Art. 8:86 Awb
Art. 8:83 Awb
Art. 9 Wth
artikel 8:86 van de Algemene wet bestuursrecht
artikel 8:81 van de Awb
Related Decisions
AI generatedECLI:NL:RBGEL:2024:4267
ECLI:NL:RBGEL:2024:4267 Rechtbank Gelderland , 08-07-2024 / 437853
ECLI:NL:RBROT:2021:13440
Temporary ban upheld due to imminent danger to vulnerable grandmother; appeal dismissed and stay rejected.
ECLI:NL:RBROT:2019:10878
Court dismisses appeal and rejects interim request against a ten-day temporary residence ban for domestic violence. The court ruled the incident posed immediate danger to minors and the victim, justifying the ban. The court held that a prior behavioral warning does not preclude the mayor from issuing a residence ban. The court found no special circumstances to lift the ban before its expiration. The court noted the absence of a safety agreement and the presence of minor children as key factors. The court emphasized the need for immediate protection of vulnerable family members. The court determined the appeal was unfounded based on the established facts. The court concluded the residence ban was legally sound and necessary. The court refused to grant interim relief due to the immediate nature of the case. The court stated the decision stands pending potential higher court review.
ECLI:NL:RBROT:2019:10705
Court dismisses appeal against temporary residence ban extension due to ongoing domestic violence risk.
ECLI:NL:RBLIM:2024:5312
Court orders ex-partner to leave shared home and denies interim custody order due to lack of urgency.