Assault complaint after protecting my dog. What should I expect?
Location: Netherlands and others
I’m looking for general legal advice about what I should expect under Dutch law. This happened in the Netherlands a few weeks ago.
There is an off-leash dog walking area near where I live. I own an Australian Labradoodle who has never shown aggression toward other dogs. Whenever I see a larger dog approaching, I put him on a leash as a precaution.
There is an older couple (around 60 years old) who regularly walk their Golden Retriever. On multiple previous occasions, their dog has run toward my dog barking and growling while they made little or no attempt to call it back.
My girlfriend and I had previously asked them several times to keep their dog under control because we were concerned it would eventually lead to an incident.
A few weeks ago, I encountered them again. Their dog was approximately 20–30 meters ahead of them and off leash. As soon as I saw it, I leashed my dog and kept him close to my side. I looked at the owners expecting them to recall their dog, but they did not.
Their dog ran directly toward my dog while barking and appeared to lunge at him. I reacted by kicking the dog away to stop it from reaching mine.
The dog came at us again, and I kicked it a second time to keep it away. I shouted at the owners to leash their dog.
At that point, the situation escalated. The owners confronted me, an argument followed, and I punched the male owner once in the face. He fell to the ground.
I want to be honest about that part: I am not proud of it, and it happened purely in the heat of the moment after the situation escalated. I have never been involved in anything like this before and have no criminal record or prior history of violence.
Several nearby residents came outside after hearing the commotion. From what I understand, they mostly witnessed the physical altercation but not the events leading up to it, including the dog running toward mine. One woman helped calm the situation and walked me away.
The couple contacted the police and filed a complaint for assault. About a week later, the police came to my home and informed me that I am considered a suspect in an assault investigation. They told me I would be summoned for questioning at a later date. It has now been about 4–5 weeks, and I have not yet received any summons.
My questions are:
- Is it normal in the Netherlands for several weeks to pass before being called in for questioning?
- Should I consult a lawyer before speaking to the police?
- Can the events leading up to the punch (their dog running at mine, my attempts to avoid the situation, and the fact that I had previously warned them about controlling their dog) be relevant to how the case is viewed?
- Is there anything I should or should not do while waiting to hear from the police?
I fully understand that punching the man escalated the situation, and I’m not trying to excuse my actions. I’m simply trying to understand what the legal process is likely to look like and how I should approach it.