Legal fees in cases involving victims of violence

If you have been a victim of violence, it may be good to know that there are a number of public options for covering your legal expenses. There are mainly four different schemes.

The assistant lawyer scheme

The central coverage scheme is the assisting lawyer scheme. In certain cases, victims of violence are entitled to have a defence lawyer appointed. This applies, for example, in most types of indecency cases and in cases of abuse in close relationships. You can also be appointed a defence lawyer if there is reason to believe that the victim will suffer significant physical or health damage as a result of the act. In other words, in the case of serious violence, you may be entitled to a defence lawyer. Finally, the court may also appoint a defence lawyer in other cases where the nature and seriousness of the case, the interests of those affected or other special circumstances indicate that there is a need.

The assistant lawyer must safeguard your rights during the investigation and main hearing, and provide other help and support that is natural and reasonable in connection with the case. This means that assistance after the conclusion of the criminal case is also covered. This could, for example, be work relating to the recovery of compensation or work with the Office for Victim Compensation. It is the court that appoints and decides on fee claims under this scheme. What is considered reasonable and necessary of the lawyer's time spent is covered.

The legal aid scheme

If you are not entitled to a legal aid lawyer or other arrangements, victims of violence may be entitled to coverage from the public legal aid scheme. The public legal aid scheme is a subsidiary scheme, and legal aid is provided in two different ways. Firstly, you can be reimbursed for up to seven hours of work in connection with the submission of a claim for compensation in connection with the criminal case. Such legal aid can be provided regardless of income.

Secondly, if you are on a low income, you can receive up to 5 hours of assistance in connection with an application for victim compensation from the state. If the application is rejected, a further 3 hours of assistance with the appeal is provided. The prerequisite is that you fall within the financial limits for free legal aid. This means that you have a gross income of no more than NOK. 246,000 if you are single (NOK 369,000 total gross income in the household for people who have a cohabitant or spouse) and a maximum wealth of NOK. 100 000.

Violence victim compensation scheme

If you apply for and receive compensation from the Victim Compensation Scheme, you may be reimbursed for your legal expenses in connection with this. In line with the principle of tort law that the injured party should be reimbursed for their full loss, the compensation scheme for victims of violence covers necessary and reasonable legal expenses at the lawyer's ordinary fee rate. This is also a subsidiary scheme, which means that such coverage is only provided to the extent that other schemes do not cover the work.

The management scheme

If you have used a lawyer to appeal a decision from the Norwegian Violence Victim Compensation Board and are successful, you may ultimately be entitled to reimbursement of your legal expenses. Coverage is then awarded for significant costs that have been necessary to change the decision. The lawyer will thus be reimbursed for reasonable and necessary time spent at their ordinary hourly rate.