Restraining order with electronic control – so-called reverse violence alarm
Supreme Court judgment 1 July 2021, HR-2021-1434-A, (case no. 21-040924STR-HRET), criminal case, appeal against judgment.
A (Counsel John Christian Elden) v. The Public Prosecution Authority (Counsel Håvard Ryengen)
Justices: Webster, Falkanger, Bergsjø, Arntzen og Thyness
A man who had been found guilty of violence and threats against his former partner and wife, was ordered to stay out of a zone within ten minutes' drive from where the aggrieved person lived, see section 57 of the Penal Code, and subjected to electronic control to ensure that he complied with the restraining order. When determining the size of the zone, a proportionality assessment was carried out, balancing the aggrieved person's need of safety against the disadvantages the convicted person would face by being banned from the area. In this context, particular emphasis was placed on the risk faced by the aggrieved person and on the convicted person's possibilities to access his children.