5.1.1 When do the police get involved in domestic disputes or legal actions?
The police are responsible for coordinating the government's efforts to combat violence in close relations. In Norway, the police may enforce the law and criminally charge the offender of a violence against women crime without the permission of or representation from the victim.
5.1.2 What circumstances effect law firm involvement?
It is up to the victim to decide whether a law firm should be involved. In many cases, the victim has a right to a bistandsadvokat (an appointed counsel) paid for by the government. The accused is permitted to be represented by counsel in the criminal law process.
5.2.3 Is proof "beyond a reasonable doubt" required?
We have not found any grounds for any codified degree of proof.
5.3.3 Are false accusations punishable for the victim?
Section 222 of the Penal Code states that if a person provides false information to the courts, police or another public authority that creates false grounds for criminal liability and thus causes a person to be charged or convicted, the person may be liable to a fine or imprisonment for up to three years. If the false accusation is aggravated, under Section 223 of the Penal Code, the person may be liable for imprisonment for up to 10 years.
5.3.4 How is consent discussed in the law?
Norway has ratified the Istanbul Convention, which, for example, defines "rape" as a situation where there is lack of consent since consent has to be voluntary and grounded on free will. However, the Penal Code is not based on freely given consent.
5.4.3 What potential "excuses" can a witness raise to refuse to testify in a domestic violence action?
N/A
5.5.1 What are the penalties and sentencing laws for first-time domestic violence offenses?
The penalty is either a restraining order or imprisonment as found in Part 2, Section 282 of the Penal Code, which states the following:
Abuse in close relationships
A penalty of imprisonment for a term not exceeding six years will be applied to any person who by threats, force, deprivation of liberty, violence or other degrading treatment seriously or repeatedly abuses the following:
- a present or former spouse or cohabitant
- a relative in the direct line of descent, or a present or former spouse's or cohabitant's relative in the direct line of descent
- a relative in the direct line of ascent
- a member of the person's household
- anyone in the person's care
5.5.3 What is the result of a violation of an existing order for protection?
A fine or imprisonment is permitted as per Part 2, Section 168 of the Penal Code, which states the following:
Breach of an exclusion order and restraining order or of a decision to freeze assets
A penalty of a fine or imprisonment for a term not exceeding one year will be applied to any person who does the following:
- who has been ordered on conviction to stay in or out of certain parts of the realm and who has illegally returned to a place prohibited by them, or who otherwise breaches a restraining order pursuant to Section 57 of the Penal Code
- who contravenes a ban pursuant to Sections 222(a) or 222(b) of the Criminal Procedure Act
- who with intent or gross negligence obstructs the implementation of electronic monitoring pursuant to Section 57 of the Penal Code, or who obstructs ongoing monitoring
- who contravenes the duty to provide information pursuant to Section 17(k)(1) of the Police Act or the ban pursuant to Section 17(k)(2) of the Police Act
5.5.4 What fines and other penalties are imposed besides incarceration and liberty restriction?
Restraining orders are available as a sentence. Please refer to Section 5.1.1.
5.6.1 Does the law notify the victim of the offender's release from custody?
Victims can apply for a personal alarm that would notify the police if they were in danger. Perpetrators can also be required to carry a locator device that would alert police should they enter a predefined "no-go" area. The police could then alert the victim and arrest the perpetrator.