4. Protection for domestic violence victims and relief granted | Iceland | Fighting Domestic Violence

4.1 Civil protection orders

4.1.1 Are there civil protection orders available to victims of domestic abuse?

Courts can issue restraining orders but there is an overall complaint (shared by the police) that these are not always obeyed in practice. Some reports also suggest that courts set the bar too high, diminishing the power of restraining orders and limiting them to only when the circumstances are extreme.^[11]

4.1.2 Who can petition for civil protection orders?

The Act on Restraining Orders and Expulsion from the Home No. 85/2011 is designed to make it easier to exercise such measures against violent partners and it will hopefully make a difference in cases of domestic violence. One major improvement prescribed by the act is that the police must now make a decision on restraining orders and/or expulsion requests within three days. The request can come from the victims themselves, their family or any close contacts. If the victim is a child, their guardian can make the request, as well as the social or child protection services. In addition, the head of the police, on their own initiative, can take up a case if they deem it necessary.

4.1.3 Are there temporary custody of a child or child support orders?

The Child Protection Act No. 80/2002^[12] ("Child Protection Act") provides a number of coercive powers to the child protection committees or CPAs, which enables them to supplant the custodial rights of parents and remove the child from the home when the well-being of the child requires it. Each local authority is required to maintain a CPA. Article 27(b) provides that a child will be removed from the home for up to two months and on necessary arrangements, such as the placement of the child in foster care or in a home or institution, or seek other measures under Sections XIII and XIV to ensure the child's safety, or so that suitable tests on the child may be carried out and necessary treatment and care may be provided.^[13]

4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

Victims of domestic violence can request that the police physically remove perpetrators from the home for up to four weeks at a time. The police can also impose a 72-hour restraining order to prevent abusers from coming into proximity with the victim and courts can extend this restraining order for up to a year.

4.1.5 Are there any other types of emergency, preventive and civil protection orders?

N/A

4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

According to Article 16 of the Child Protection Act, there is a legal obligation on everyone to notify a child protection committee if there are reasons to believe that the child is living in unacceptable circumstances of upbringing, that the child is exposed to violence (or other degrading treatment) or that is seriously endangering their health and maturity. This legal obligation is extended to protect unborn children due to the dangerous lifestyle of the expectant mother.

The Child Protection Act also specifies similar legal obligations in relation to persons involved in matters concerning children and expectant mothers due to their position or occupation. Likewise, the same obligations are imposed on the police.^[14]

4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?

There is a system of protection orders through Law No. 85/2011, which authorizes the removal of the party accused of domestic violence from the household and puts in place restraining orders in cases of suspected domestic violence. Victims can also request temporary restraining orders. However, these orders have been criticized for their infrequent use.

Act No. 94/2000, which amended the Code of Criminal Procedure outlines restraining orders. In case a person violates a restraining order under the Act on the Code of Procedure in Criminal Cases, this is subject to fines or imprisonment for up to one year.

4.1.8 Are ex parte orders permitted without the aggressor being present?

N/A

4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?

N/A

4.1.10 How long do the orders last?

N/A

4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.

4.2 Steps for receiving a protective order

4.2.1 What documentation is needed to obtain a civil protection order?

N/A

4.2.2 Does the victim need to attend a hearing?

The Icelandic judiciary is independent. It is up to the individual judge to decide whether to keep a suspect in custody during a criminal investigation or to grant release pending trial. There is no bail system.

The Constitution guarantees a fair trial. Although trials are usually open to the public, they may be held behind closed doors at the request of the defendant or in cases involving minors. There are no juries, but instead judges or multi-judge panels. Defendants have the right to attend their trial, to confront witnesses and to present evidence. In some cases, prosecutors may introduce evidence that has been obtained illegally. Defendants may appeal verdicts to the Supreme Court.

There is no distinction in Iceland between criminal and civil courts. The judiciary is on two levels: the district courts and the Supreme Court.

4.2.3 Can you request remedies?

N/A

4.2.4 Are there time limits?

N/A

4.2.5 Are there different rules in emergencies?

N/A

4.3 Judicial discretion

4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

N/A

4.3.2 Are there age limits on who can obtain orders?

In the Child Protection Act, the word "children" applies to individuals under 18 years old. The child protection authorities may decide, with the consent of a young person, that arrangements made based on this act remain in force after the person reaches 18 years old to a maximum age of 20 years old.

Based on the act, unless in the circumstances above where children are protected separately, this would deem an "adult" anyone over 18 years old and that would be the age of a restraining order.

4.4 Restitution and remedies available to victims

4.4.1 Can victims obtain reimbursement for costs and restitution paid?

According to Article 41 of the Law on Criminal Procedure No. 88/2008, plaintiffs in cases of sexual violence and other serious offenses have the right to an independent legal counsel who is a lawyer paid for by the state. According to Article 45, the role of the independent legal counsel is to guard the interests of their client and to support them in the case, which includes filing civil claims. These claims are then usually filed in conjunction with the criminal proceedings. If the accused is found guilty, the victim is usually awarded compensation from the offender. According to Article 176, however, the judge will not consider the civil claim if the accused is not found guilty. Legal aid is provided for all individuals involved in judicial proceedings in Iceland.

4.4.2 Can they recover wages and profits lost?

A report from the "Together Against Violence" campaign states that victims may experience significant barriers that prevent them from leaving a violent relationship, e.g., financial difficulties and difficulties getting alternative housing. Half of the victims interviewed said that they had ended an abusive relationship. Afterward, they felt relieved but experienced complex emotions. Even though the relationship had ended, it did not ensure the victims' security in some cases. Therefore, perhaps this has a major impact on solving and bringing justice in Iceland.

4.4.3 Is a separate civil process required?

No, in Iceland, as in the other Nordic jurisdictions, the adhesion model is used whereby the injured person in criminal cases has the opportunity to present a civil claim for damages against the offender in conjunction with the criminal proceedings. The criminal court then decides both the criminal and the civil liability of the offender.

However, a victim of sexual violence may initiate a separate civil process. In sexual offense cases, claims are usually made based on Article 26 ("Compensation for harm") of the Icelandic Tort Liability Act, which states that a person who (a) deliberately or through gross negligence causes physical injury or (b) is responsible for an unlawful injury against the freedom, peace, honor or person of another party may be ordered to pay nonpecuniary damages to the injured party.

Fighting Domestic Violence

Iceland

Select a Topic

Quick Links

Quick Links