The case in summary A change in the law in 2024 allowed the police, not just the courts, to decide whether someone should be placed on a reverse violence alarm (OVA). Defense attorney Tor Haug believes that the scheme affects the “village” more severely than in the cities, as the prohibition zones become larger the further out into sparsely populated areas you go. Aid attorney Charlotte Ringkjøb, on the other hand, believes that the measure has improved everyday life for her client, who can now feel safe in his own home. The police have experienced challenges with the scattered buildings in pig-infested areas, especially when it comes to assessing how large the prohibition zone should be. In some cases, the court has narrowed down the prohibition zone, which has led to concern that the police will have less time to go to the victim if the alarm goes off. The summary is made by an AI service from OpenAI. The content is quality assured by news’s journalists before publication. The start of 2024 was characterized by a number of murder cases, many of which were partner murders. According to news’s overview of those killed this year, a clear majority are committed in close relationships. This led to a demand by many for increased use of the reverse violence alarm (OVA). That’s why Justice Minister Emilie Enger Mehl (Sp) accelerated a change in the law in April which said that the police too – not just the courts – can decide whether someone should be subjected to OVA. But lawyer Tor Haug, who defends several men who have OVA cases in the legal system, believes that the scheme works out fairly the further out into the “village” you go. – Based on the development we see, it is a fact. You cannot compare Bodø with the eastern region. Everything is closer, they have more police, shorter response time and so on. Lawyer Tor Haug defends several men who live with a reverse violence alarm Photo: Marius Guttormsen / news Was imposed OVA – had to move Earlier this summer, the police decided to put a reverse violence alarm on a man who lived in Bodø, charged with violence against his partner. Reverse violence alarm works so that the accused wears an electronic anklet. This notifies the police if the person concerned comes within a given geographical zone. What is reverse violence alarm? The convict wears an electronic leg brace. If convicts move within a geographical area to which the contact ban applies, an alarm is triggered. The arrangement is linked to a restraining order. The police are responsible for the scheme and administer it in collaboration with the Correctional Service. The scheme came into force on 1 February 2013. The measure is relevant where someone has been convicted of domestic violence or where the convicted person has previously breached a visiting or contact ban. Part of the government’s efforts against violence in close relationships. In December 2023, the Storting decided that the police can impose ankle chains. In January 2024, the Minister of Justice announced that the change in the law will be brought forward to before Easter. This zone has been drawn up by the police, and is based on emergency response time and available resources in a “normal situation”. The further out into sparsely built-up areas you get, and the longer the call-out time for the police, the larger the prohibition zones that people with OVA must stay away from. In Bodø, it has been decided that the prohibition zone should last 35 minutes. This means that people who live in Bodø and receive OVA may have to move from the city. In Bodø, the police have set a limit of 35 minutes driving time from the city centre. In the case from this summer, both the accused and the victim lived in the same city, leading to the exclusion zone including the man’s home. The consequence was that the person concerned had to move from his home. The court annulled the decision Previously, only the court could sentence people to OVA. However, the amendment to the law on 8 April gave the police the authority to charge persons charged with violence or breaching a restraining order OVA. Previously, only the courts could sentence people to OVA, but after April this year, the police can also decide to handcuff them. But then the accused has the right to have the decision tried in court. Photo: Harpreet Kaur Nijjer / news At the same time, people to whom the police impose OVA have the right to have the decision tried in court within a reasonable time. It also happened in the case from Bodø. Here the district court concluded that the move was too much of a burden for the man, and overturned the police’s decision to handcuff the man. – Will be wrong Defender Haug thinks the change in the law is problematic. – I am concerned with the guarantee of legal certainty, and I think it is wrong when the prosecution is given permission to take such measures without the support of a court. Lawyer Tor Haug defends several clients, including those who live with a reverse violence alarm. Photo: Marius Guttormsen / news – But can you try the decision relatively quickly after it has been made? – Yes, you can. But I believe it is contrary to the principle of proportionality. The need for protection towards the victim is taken care of much more strongly than the consideration of the accused. It shouldn’t be like this. But not everyone agrees. The Norwegian Police Directorate: Only one zone violation – We receive feedback from the police districts that the scheme works well, and only one real violation of the prohibited zone has been uncovered where the perpetrator was quickly apprehended by the police, says police inspector Elin Lien in the Norwegian Police Directorate. From 2020, the courts imposed OVA in around 50 cases a year. After the change in the law entered into force on 8 April 2024, this figure has increased sharply. – Already in the first month, there were 39 people who were either sentenced to reverse violence alarm by the court or imposed by the police. In May, the number increased to a total of 69 people, says Lien. Lien says it varies from month to month how many people walk around with OVAs in Norway, and the periods these will be worn will vary. – However, we will use the figure for the total number of people who go with a reverse violence alarm. On 26 June, 22 people were sentenced to OVA. At the same time, there were 39 people for whom the police have decided to link OVA. – It shows that the scheme has been put to good use and active work is being done to uncover the right cases for this protection measure. Assistance lawyer: – My client can be safe – There is no doubt that these measures have led to a better everyday life for my client, who can go to work and do his usual things. That’s what assistant lawyer Charlotte Ringkjøb in Bodø says. She represents a woman, in another case, who has a former partner who is chained to a reverse violence alarm (OVA). Charlotte Ringkjøb is legal aid to a woman who has an ex-partner who has been linked to OVA. Photo: Marius Guttormsen / news It happened after repeated threats, and breach of a restraining order by contacting the woman by phone and physically visiting the woman. The police therefore decided to put a reverse violence alarm – i.e. an anklet – on the man. – After this, he has related to this zone, and my client can be safe in her home and feel that she is in control, says Ringkjøb. The man has also not challenged the decision in court, which Ringkjøb’s client is happy about. What is reverse violence alarm? The convict wears an electronic leg brace. If convicts move within a geographical area to which the contact ban applies, an alarm is triggered. The arrangement is linked to a restraining order. The police are responsible for the scheme and administer it in collaboration with the Correctional Service. The scheme came into force on 1 February 2013. The measure is applicable where someone has been convicted of domestic violence or where the convicted person has previously breached a visiting or contact ban. Part of the government’s efforts against violence in close relationships. In December 2023, the Storting decided that the police can impose ankle chains. In January 2024, the Minister of Justice announced that the change in the law will be brought forward to before Easter. The police: Challenging part of the country For the police, the change in the law has led to more people nationwide being handcuffed than before. Nevertheless, the scattered settlements in more densely populated areas present problems. In a review carried out by Faktisk.no from 2014-2023, Nordland police district came out worst in both the number of allegations of OVA and the number of legally binding sentences. In the places behind came Finnmark and Troms. East police district is at the top. – There are challenges related to the part of the country we live in, which is elongated, police attorney Siv Remen. – Why does Nordland have so few compared to other police districts? – Even across the country, there have been low numbers for that scheme, with the exception of a couple of police districts. One can speculate whether the reason is that the proportionality assessments have been difficult, or whether there has been little focus on it. It is not known. But I can promise that there is a focus on it now. Siv Remen is a police attorney in the Nordland police district. She says the geography of Nordland presents certain challenges with the use of a reverse violence alarm. Photo: Benjamin Fredriksen / news The challenges Remen talks about are mainly two things: Since the law came into force in April, there is little case law around the police’s use of OVA With little case law, the police must assess on a case-by-case basis whether the use of OVA is “proportionate » – i.e. whether the punishment is commensurate with the crime the police believe has been committed. A key question in such assessments will be how large the prohibited zone, which the accused must stay away from, should be. – If people (offended and accused) live in the same place, then it means that the person who is to be chained must move. Then we have to carry out a proportionality assessment, continues Remen. It is particularly demanding to assess the proportionality in cases where OVA means that the chained person must move from their home, town or municipality. After the many partner murders at the start of the year, people protested and demanded increased use of reverse violence alarms. Now it can look like Photo: Victoria Marie Nordahl / news The district court narrowed the prohibition zone In one case in Helgeland, a man was imposed OVA by the police, with a prohibition zone that included the man’s home. When the man wanted to challenge the decision in the district court, the court concluded that the zone should be smaller than the police’s claim. Assistant lawyer Ringkjøb reacts to that. – I think that is special, because the court is not the closest to assess the police’s call-out time and capacity. Assistance lawyer Ringkjøb likes that the police can impose OVA, without going to court first. It saves a lot of time, she says. Photo: Marius Guttormsen / news Police attorney Remen also warns against tightening up the prohibition zones that the police have set. – You get much less time to go to the victim if the alarm goes off. This places an additional burden on the victim, who may have to find an alternative solution in consultation with the police by taking shelter elsewhere. It is history that the police appealed the verdict from the District Court, and in the Court of Appeal the court reversed and upheld the police’s original zone. National professional administrator: OVA works well Dragvoll says that the police have not systematically reviewed how OVA works in different parts of the country, but: – We notice that the further north and the greater the distances, the more challenges you can face, both with consideration of call-out time and how good police coverage you have. Hans Christian Dragvoll is the national specialist administrator for the reverse violence alarm, and says the effect of the measure seems to be good. Photo: Marit Kolberg / news – If geography makes it difficult to use a reverse violence alarm, does that mean that people who live in sparsely populated areas, and who might have needed a reverse violence alarm, have to live with other measures instead? – In the worst case, that could be the result. But it’s hard to say. Basically, I can’t say it’s a major problem. The experience the police have gained after using OVA indicates that the measure works well. – We see that the behavior you had before you got anklets has changed to a great extent, he says and adds: – So that the preventive effect of it is probably even greater than we might have thought. Published 26/07/2024, at 05.43
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Man had to move from the city – then the court reversed – news Nordland
