Council of State allows appeal, overturns lower court's annulment of extended domestic violence restraining order.
Niederlande (NL)
Legislator-Zusammenfassung
KI-generiertThe Council of State declared the appeal against the provisional judge's annulment of the extended restraining order admissible and granted it. The lower court had invalidated the extension because the mayor failed to utilize his authority to extend the order, deeming the measure disproportionate given the lack of safety agreements and the potential disruption to the family system. The Council of State ruled that the mayor had sufficient grounds to extend the order due to the continued threat of danger and the respondent's refusal to cooperate with assistance, thereby restoring the mayor's decision.
Legislator-Regeste
KI-generiertAlgemene wet bestuursrecht; Wet huis- en contactverboden: When a mayor extends a temporary residence and contact ban based on a continued threat of danger or serious suspicion thereof, the administrative court must not annul the extension merely because the authority did not utilize its power to extend the measure, provided the extension is not disproportionate to the intended goal of changing the family system.