In Dutch law, stalking is called belaging. For it to be a criminal offence, there must be an unlawful, systematic and intentional intrusion on someone’s private life, with the purpose required by law. There is no fixed number of messages after which contact automatically becomes stalking. The nature, duration, frequency and context of the conduct are assessed as a whole.
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Have you been invited for a police interview or been given a contact ban? Stop any unwanted contact, keep the complete communication and discuss your position with a lawyer. Getting in touch to explain that you are not a stalker can make the situation worse and become part of the investigation. Below you can read which questions are important legally and in practice.
What is stalking under Article 285b
Article 285b of the Dutch Criminal Code (Sr) protects private life against a certain pattern of unwanted interference. The provision sets out several conditions, all of which must be examined. The word systematic makes it clear that the assessment goes further than the question of whether a single contact was unpleasant.
In addition to the intrusion and intent, the law requires a specific purpose: to compel the other person to do, not to do or to tolerate something, or to cause fear. That purpose can be inferred from the circumstances. A suspect does not have to have written it down literally in a message before the court can form a view on it.
The statutory maximum penalty for stalking is three years’ imprisonment or a fine of the fourth category. That maximum says nothing about the sentence to be expected in your case. The specific conduct, consequences, duration, previous offences and personal circumstances remain relevant. Separate offences such as threats or criminal damage may also be investigated alongside stalking.
When is conduct systematic
Whether conduct is systematic is not established by one simple calculation. Sending dozens of messages a day may carry different weight from a limited number of contacts spread over a long period. But a short period of very intensive conduct can also be legally serious. The way in which contact takes place and the effect on daily life also count.
Examples of relevant conduct are repeated calling, sending messages, waiting for someone, following them, seeking contact through others or repeatedly using new accounts. Not every individual act has to be punishable in itself to become significant as part of a pattern. It is precisely the connection between the acts that can be decisive.
That is why a complete timeline is important. Which contacts took place, through which channel and for what reason? Which boundaries had been made clear? Were there also practical arrangements or messages sent in both directions? Those questions must be examined on the basis of the records. A loose selection from a single week can give a misleading picture of both the seriousness and the context.
Unwanted contact is not always the same as stalking
An unpleasant message or a one-off argument does not automatically meet all the conditions for stalking. That does not mean such an act is always permitted. A single message may, for example, contain a criminal threat or insult. Different criminal provisions protect different interests.
For the defence, it must therefore be clear exactly what the Public Prosecution Service (Openbaar Ministerie) alleges. Is it a pattern over months, specific threats or breach of a ban that was imposed? A general answer that the messages were not threatening does not necessarily rebut the allegation that their number and intensity amounted to a systematic intrusion.
Conversely, it is not enough for the Public Prosecution Service to show that the recipient was annoyed by the contact. The statutory elements must be proven. A careful assessment takes account of private life, the context and the required purpose, without automatically treating every conflict as stalking.
Contact after the end of a relationship
After a break-up, grief, anger and uncertainty about practical matters can become intertwined. Even so, a previous relationship does not give a right to unlimited contact. A wish to apologise or to get answers does not justify an ongoing intrusion on the other person’s private life either.
A clear request to stop contact can be relevant evidence that the boundaries were known. The absence of one formal letter asking you to stop does not automatically mean that stalking is impossible. The boundaries may also be apparent from other circumstances. Think of blocking, earlier warnings or the nature of the conduct.
Distinguish between necessary practical arrangements and personal approaches. Are there shared belongings, children or financial obligations? Then find a permitted, businesslike route, through a lawyer if necessary. Do not use a practical matter as a way of repeatedly starting a conversation about the relationship.
Messages via WhatsApp and social media
Digital contacts can make up a large part of the case file. Messages, call logs, account details and times can show how often and in what way contact was sought. A new account after being blocked can be significant in context, as can contact with the other person’s family or colleagues.
Keep conversations in their original context. A screenshot without the preceding messages can make it unclear what a reply referred to. Note which devices and accounts were used and whether others had access to them. Do not delete any data and do not change account information in order to influence the investigation.
If it is disputed who sent the messages, it must be examined which data supports the link with you. A name or profile picture is not in every situation sufficient proof of actual use. At the same time, technical information combined with content and times can create a stronger connection. Your lawyer can assess whether further digital investigation is needed.
What if the other person also seeks contact
Contact from both sides can be relevant to the context, but does not automatically make every act lawful. It may, for example, make a difference whether the other person only responds to make the contact stop, tries to arrange something necessary or keeps a conversation going for a long time themselves. The content and circumstances must be examined.
A reply made out of fear or to prevent escalation means something different from an invitation to an ordinary meeting. Your lawyer must therefore see the full course of events. Looking only at the messages in which the other person replies in a friendly way may give an incomplete picture.
If a contact ban applies, the situation is even clearer: a message from the other person does not lift that ban. Keep the message you received and seek advice before responding. Have any necessary exceptions arranged formally. Your own judgement that contact is now allowed may lead to a new suspicion or to consequences for the suspension of your pre-trial detention.
The complaint is a separate legal requirement
Stalking is an offence prosecuted only on complaint (klachtdelict). Article 285b provides that prosecution takes place only on a complaint by the person against whom the offence was committed. A complaint includes the wish that criminal proceedings be brought. Whether this requirement has been met must be checked in the specific case file.
The term complaint here means something different from a general complaint about police conduct. The relationship between a police report and a complaint also needs attention: the content, the way it was recorded and a discernible wish for prosecution may be relevant. Do not assume, without investigation, that the absence of a document headed exactly complaint ends the case.
Statutory rules and time limits apply to making and withdrawing a complaint. In the case of an ongoing pattern, determining the relevant moments can also raise questions. Leave that assessment to your lawyer. Do not approach the person who reported you yourself to have a complaint withdrawn; such contact can itself be legally problematic.
What a stop conversation with the police means
The police can speak to someone about their conduct and make clear that contact must stop. Such a conversation is not the same as a conviction by a court. It may, however, be relevant to what you knew from that moment on about the boundaries and about the contact being unwanted.
Ask what prompted the conversation and whether you are being heard as a suspect. A conversation that sounds informal may include questions about your possible involvement. If possible, therefore, discuss with a lawyer beforehand how you will respond and which statement you will or will not make.
A warning must be taken seriously. Keep any information you received and make a note for yourself of what was discussed. If you believe that practical communication remains necessary, arrange a clear permitted route. Do not use uncertainty about a conversation as a reason to seek direct contact again.
Contact ban and other conditions
A contact ban can be based on various legal grounds. It may, for example, be part of a suspension of pre-trial detention, a behavioural order issued by the public prosecutor (gedragsaanwijzing) or a court decision. The duration, scope and options for requesting a change differ from one measure to another.
Check whether indirect contact and digital communication are also prohibited. Check any location restrictions: does a ban apply to an address, an area or a certain distance? Have unclear wording explained before you act. Breaching a ban can have new criminal consequences or lead to renewed detention if a condition of suspension is breached.
A practical plan helps to prevent breaches. Discuss routes to work, joint activities and the handover of belongings. Do not agree an exception yourself with the protected person. Only an authorised change or a clearly permitted arrangement provides sufficient certainty.
Preparing for an interview about stalking
A stalking case file can contain many separate events. Without preparation, it is difficult during an interview to distinguish between a correct date, a wrong interpretation and an event you do not recognise. First make an overview with your lawyer of the suspicion and the available records.
Note which contacts you acknowledge, which you dispute and what context you believe is missing. Be completely open with your lawyer, including about messages you are not proud of. A defence becomes vulnerable if unexpected records later contradict an answer you gave firmly earlier.
As a suspect you can exercise your right to remain silent. Whether making a statement is wise depends on the case file and the timing. To prepare, also read the explanation about an invitation from the police and legal assistance after arrest.
Which defences may be relevant
The defence may dispute that you were the sender or the person who carried out the acts, that the conduct was systematic, or that the required unlawfulness and purpose can be proven. The period in the indictment may also be too broad, or events may have been counted twice.
A defence must be tied to specific documents. If the same messages appear in the case file both as a WhatsApp export and as a screenshot, they must not be presented, without anyone noticing, as separate moments of contact. If a location data point only indicates a large area, it must be examined what it actually says about presence at a home.
A legal defence is not an invitation to continue making contact. Even if you dispute the suspicion, it is wise to prevent further escalation. Your conduct during the investigation can affect the assessment of risks, conditions and any sentence. The substantive discussion can be conducted through your lawyer.
Help with a recurring urge to seek contact
Some people notice that they keep calling, looking or sending messages despite the consequences. Seeking help can then be important for yourself and for the safety and peace of mind of others. Think of support with stress, grief, substance use or impulse control, depending on what is really going on.
Asking for help is not automatically an admission of all the allegations. It is, however, wise to understand what information is recorded and shared. Coordinate your legal position and the help you receive carefully, without using treatment as a promise on paper that is never carried out.
Practical measures can help you respect boundaries: switching off notifications, asking someone else to handle necessary businesslike communication through a permitted route, and making arrangements about what you will do when you feel tense. Do not delete relevant evidence in the process. The aim is to stop contact and organise help, not to make traces disappear.
Possible outcomes and consequences
An investigation may end in a dismissal (the Public Prosecution Service drops the case) or lead to prosecution. In the event of a conviction, conditions or protective measures may be imposed in addition to a sentence. The seriousness and duration of the conduct and the consequences for the person affected are taken into account, but so are your personal situation and the risk of reoffending.
A criminal disposal can have consequences for your judicial record and an application for a certificate of conduct (VOG). What that means depends on the position and the applicable assessment. Read more about applying for a VOG when you have criminal records.
A victim can also claim compensation. Such a claim must likewise be assessed on its legal basis, the causal link and the amount. Your lawyer can discuss the criminal defence, conditions and financial consequences together. A quick admission to get the investigation over with can have effects in several areas.
A timeline that does not count contacts twice
Where there is a lot of digital data, an overview per moment of contact is useful. Include the date, channel, sender, recipient and a short factual description. Link each moment to the original file. The same message may appear in an export, a screenshot and a police report without three separate messages having been sent.
Also show the order of blocks, warnings and conditions imposed. Those moments can affect the meaning of later contacts. Make clear whether a message was scheduled in advance, was actually received or only existed as a draft, in so far as the data shows this.
A careful overview must also include unfavourable moments. Selectiveness can undermine the reliability of your explanation and makes it harder to establish the true limits of the case file. Your lawyer can then assess which facts are disputed and which mainly call for context or legal interpretation.
Frequently asked questions about stalking
How many messages make contact a criminal offence?
There is no fixed number. The court assesses the pattern, duration, frequency, nature and context, together with the other statutory conditions. A single number in itself says too little about whether there is criminal stalking.
Does someone first have to tell me to stop?
A clear request to stop can be important evidence, but it is not a general statutory condition that must exist as a separate letter in every case. Boundaries and the fact that contact is unwanted may also be apparent from other circumstances.
Can online contact alone also be stalking?
It can. Messages, calls, new accounts and other digital conduct can together amount to a systematic intrusion. Even then, all the conditions of Article 285b must be proven. Physically following someone is not a necessary element of every case.
Can I respond if the other person calls me?
First check whether a contact ban applies. Permission or initiative from the other person does not lift a ban that is in force. If there is no ban, the context remains relevant and it is wise to avoid unwanted contact and further escalation.
Can a police report be withdrawn?
In stalking cases, the separate complaint requirement applies and there are rules on withdrawal. This requires a specific assessment of the case file and the time limits. Do not approach the person who reported you yourself to discuss withdrawal, especially not if there is a contact ban.
What if I am wrongly accused of stalking?
Keep the complete communication and make a factual timeline for your lawyer. Do not approach witnesses or the person who reported you to align statements. Have the suspicion tested against the specific statutory conditions and the available evidence.
Assistance if you are suspected of stalking
Arslan Advocaten can assess the pattern of contact, the evidence and any bans. See our criminal law assistance or contact us. Mention any scheduled interview date and send the full text of any conditions, so that it is immediately clear which boundaries apply.
Sources
Editorial team and responsible attorney
Editorial team: Arslan Advocaten. Responsible attorney for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information is no substitute for an assessment of your own case.
