Lawyer within criminal law

Domestic violence is one of the most serious and hidden forms of violence in society. When abuse occurs within the four walls of the home – from a partner, parent or other close person – it not only affects the body, but also trust, security and dignity.

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Many people who are in, or have come out of, violent relationships find it difficult to ask for help, or simply understand that what they are experiencing is actually criminal.

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What is violence in close relationships?

Domestic violence encompasses more than physical violence. It is about power and control in relationships where there are strong emotional or familial ties. The violence can be psychological, physical, sexual, material or economic.

Examples of such violence may include:

• Threats, humiliation and isolation
• Hitting, kicking, pushing or other physical force
• Sexual assault
• Financial control or manipulation
• Destruction of personal property

In many cases, the abuse occurs repeatedly over time. It is not always easy to put into words, but there are legal tools to put an end to the violence and protect the victim.

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How is violence in close relationships regulated in the law?

In the Norwegian Criminal Code, abuse in close relationships is regulated in Section 282. This refers to it as a criminal offense to subject a close person to repeated physical or psychological violence, threats, deprivation of liberty or other serious violation.

The penalty framework for abuse in close relationships is:

• Up to 6 years in prison in ordinary cases
• Up to 15 years in prison in the most serious cases, which may include sexual assault, serious acts of violence or abuse over time

The law recognizes that the relationship between victim and perpetrator makes such acts particularly stressful. Therefore, this type of violence is treated as a separate category with heightened seriousness.

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Free lawyer and free legal aid

If you have been a victim of domestic violence, you are generally entitled to legal assistance and free legal aid. This provides you with free legal advice, where a lawyer can assist you with:

• Advice on your rights
• Assessment of police report
• Contact with police, crisis center and healthcare
• Request for restraining order or violence alert
• Claims for compensation for economic and non-economic loss
• Legal assistance in court as a legal counsel

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At Insa lawyers, we also offer a free and non-binding initial consultation, where we give you an overview of your rights and what measures may be appropriate in your situation. The consultation is completely confidential.

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We have extensive experience with cases involving domestic and intimate partner violence. Contact our legal aid lawyers to book an initial consultation.

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Have you been called as a witness in a criminal case? As a witness, you play an important role in ensuring that the case is explained in the most correct way possible. In this article, you will get an overview of what it means to be a witness in court, what duties and rights you have, and what you should be prepared for.

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Why are you called as a witness?

You are called as a witness because you may have information that is relevant to a criminal case. It may be something you have seen or experienced yourself, or information you have received through conversations or incidents. The court depends on witnesses telling what they know, so that the court has the best possible basis for deciding the case.

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Duty to appear

As a general rule, you are obliged to appear in court when summoned. If you fail to appear without a valid reason, the court may impose fines or, in extreme cases, arrange for the police to pick you up. If you are ill or have another compelling reason for not appearing, you must document this and contact the court as soon as possible.

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How the testimony is conducted

When you appear in court, you will usually wait in the hallway or in a witness room until it is your turn. When you are called in, you must identify yourself. Before you explain yourself, you will be reminded of your duty to tell the truth.

• Introductory questions: It is common for the judge to ask you to tell in your own words what you know about the case.
• Follow-up questions: Then, the prosecutor (prosecutor), defense attorney, and judge can ask questions to clarify details.
• Duty of truth: You have a duty to explain yourself honestly. Deliberate misinformation or withholding of material information may be punishable.

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Rights as a witness

Although you are obligated to meet and speak the truth, you also have rights:

• Exemption from the duty to testify: If you are a close family member of the defendant, you can request exemption from testifying.
• Witness protection: In special cases, the court can ensure that you testify anonymously or that the defendant is not present when you explain yourself.
• Coverage of expenses: You can get travel expenses covered and compensation for lost earnings.

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Tips for those who will testify

• Arrive on time and bring your invitation and identification.
• Speak calmly and clearly, and take time to think before you answer.
• If you don't remember something, say so. Don't try to guess.
• Remember that you are not in the dock. Your role is to help clarify the case.

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Summary

Testifying in a criminal case may feel unfamiliar, but your role is crucial to the functioning of the justice system. You have a duty to appear and tell what you know, but you also have the right to protection and coverage of necessary expenses. By appearing prepared and being honest in court, you contribute to a fair trial.

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Insa lawyers have extensive experience in assisting in various criminal cases. We offer a free and non-binding initial consultation, where we can review your case and advise you on your rights. Book a non-binding consultation here .

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Physical abuse is the use of violence or other physical force against another person, without necessarily causing serious physical harm. It can range from punches and kicks to actions that are perceived as physically offensive, such as spitting, pushing or intentionally throwing objects at someone.

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Such acts are punishable under Norwegian law and are regulated by the Criminal Code. How serious the offense is considered to be depends, among other things, on how the offense was committed, what damage was caused, and what circumstances were involved.

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What is considered physical abuse?

In the legal sense, bodily harm is an intentional physical act directed at another person, where the purpose is to cause discomfort, harm or offense. It is not a requirement that the victim suffer permanent physical injuries - it is sufficient that the act has been physically offensive or offensive.

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Examples of physical abuse can be:

• Hitting, pushing or kicking
• To spit on someone
• Scratching, tugging, or tearing at clothing
• Throwing objects with the intent to hit
• To exercise physical force against someone in an emotional state

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Punishment for bodily harm

The penalty for bodily harm varies depending on the severity and circumstances. Typically, bodily harm is punishable by a fine or imprisonment for up to 1 year. When determining the penalty, the court considers several factors, including:

• Whether the action was unprovoked
• Whether it happened on impulse or planned
• If it affected a vulnerable person
• If it was repeated

Minor bodily harm, for example in the context of an argument, may result in a suspended sentence or fine, especially if there are no previous offenses. In more serious cases, or if the act has occurred before, unconditional imprisonment may be applicable.

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When does it constitute gross bodily harm?

In some cases, bodily harm is considered to be serious. This happens when the act has elements that make it particularly serious. Circumstances that can lead to the act being classified as serious bodily harm:

• That the victim was defenseless (e.g. asleep or drunk)
• That dangerous objects were used (knife, glass, iron bar)
• That there were multiple perpetrators
• That the act was unprovoked and violent
• That the violence was motivated by hatred (racism, homophobia, etc.)
• That the violence was repetitive or systematic

In the case of aggravated assault, the penalty is increased to imprisonment for up to 6 years. Such cases are taken very seriously in Norwegian law, and higher requirements are placed on both evidence and assessment of seriousness.

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Bodily injury or bodily harm?

It can sometimes be difficult to distinguish between bodily harm and bodily injury. Both involve violence, but the difference lies primarily in the extent of the injury.

• Bodily injury : Minor violence or physical force without serious injury.
• Bodily injury : Violence that causes physical damage such as fractures, wounds, bleeding or permanent damage.

If the act results in serious or permanent physical harm, it will normally fall under the provision of bodily harm, which has a higher penalty and is considered more serious in the legal system.

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What should you do in the event of physical abuse?

If you have been subjected to physical abuse, you have the right to report the incident to the police. It is a good idea to secure evidence as early as possible – this could be photos of any marks, medical records, witness statements or video recordings if available.

You may also be entitled to legal representation, especially if the case is serious or if you feel unsafe. A lawyer can help you consider whether you should report the incident and explain what happens next in the process.

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Reported for assault

If you have been charged with assault, you should contact a defense attorney as soon as possible. Many people underestimate the seriousness of such cases, but even a first-time offense can have consequences, both legal and personal.

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At Insa lawyers, we have extensive experience with various criminal cases, and assist both as defense attorneys and as legal aid lawyers for victims.

We offer a free, no-obligation initial consultation, where we can review your case and advise you on your rights. Book a no-obligation consultation here .

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