Voldserstatning (violence compensation) is money the state can pay you if you have been subjected to violence or abuse and have suffered an injury or a loss because of it. The rules are set out in voldserstatningsloven (the Violence Compensation Act), which has applied since 1 January 2023. The main rule now is that you bring the compensation claim as part of the criminal case itself (straffesaken), so that the court decides the amount. If the case ends without a judgment, you can instead apply directly to Kontoret for voldsoffererstatning (KFV) (the Office for Victims of Violence Compensation). The act must always have been reported to the police, and it costs nothing to apply.
Who can get violence compensation?
You can get violence compensation if you have been subjected to an intentional act of violence or abuse that has caused you a personal injury. The scheme covers, among other things, violence, abuse in close relationships, rape and other sexual offences, human trafficking and terrorism. It does not cover theft, fraud, ordinary traffic accidents or plain negligence.
People other than the one directly affected can also have a right to compensation. Bereaved family members can get compensation if a close relative dies because of an act of violence. Children who have witnessed violence against a close person may have their own right to compensation under the act (§ 15).
The scheme covers intentional acts, that is, acts done deliberately. Ordinary accidents and injuries with no criminal act behind them fall outside the scheme.
An important point: the act must be clearly substantiated (klart sannsynliggjort). This is a lower standard of proof than in a criminal case, where guilt must be proven beyond reasonable doubt. You can therefore get violence compensation even if the perpetrator is not convicted, or is unknown.
The requirement to report to the police and the criminal case
The act must be reported to the police. There are no exceptions to this requirement. If you are unsure how to proceed, see how to report to the police.
Under the new act, compensation is normally decided within the criminal case (straffesaken). This means that you, often together with a bistandsadvokat (victim's counsel), ask for the compensation claim to be included as a separate claim in the case against the perpetrator. The court then sets the amount in the judgment. Once the judgment is final, you ask KFV to pay out the compensation.
This is the major change from the old scheme. Previously, most people sent a separate application to KFV, which itself assessed and set the amount. Now the court in the criminal case is the main route, and KFV in practice handles payment and the cases that are not decided by a judgment.
What does the violence compensation cover?
Violence compensation can cover several types of injury and loss. The act (§ 4) mentions personal injury, ménerstatning (compensation for a permanent medical impairment), compensation on a person's death, and oppreisning (compensation for the violation itself). In practice, that means:
- Personal injury: financial loss, such as lost income and necessary expenses, for example for treatment.
- Ménerstatning: compensation for a permanent medical impairment (mén).
- Oppreisning: an amount for the violation and the strain you have been subjected to.
- Compensation on death: for bereaved family members when a close person dies.
There is an upper limit. The compensation cannot exceed 60 ganger folketrygdens grunnbeløp (60 G) (the National Insurance basic amount) per person per case. The basic amount (G) is adjusted every year, so the amount in kroner changes. In special cases the limit can be departed from (§ 5).
How to claim compensation – and the deadlines
Proceed like this:
- Report the act to the police. This is an absolute requirement.
- Bring the compensation claim within the criminal case. Ask for a bistandsadvokat (victim's counsel) where you are entitled to one – in many violence and abuse cases the state covers such a lawyer.
- If the compensation has been awarded by judgment: ask KFV for payment within six months after the judgment became final (§ 6).
- If the case ended without a judgment – for example because it was dropped or the perpetrator is unknown: send an application to KFV within one year after the case was finally decided (§ 7).
You send the application to KFV electronically, and it is free. Watch out for one trap: if the case is dropped because the underlying act itself is time-barred, the compensation claim may also be lost, even if you apply within the one-year deadline. If you are unsure about deadlines, seek help as early as possible.
If you are refused: complaint and help
If KFV refuses your claim, you can complain. The complaint is handled by Statens sivilrettsforvaltning (the Norwegian Civil Affairs Authority) under voldserstatningsforskriften (the compensation regulation). You are entitled to a reason for the decision, and the complaint deadline is stated in the decision you receive.
You do not have to go through the process alone. Many people affected by violence are entitled to a bistandsadvokat (victim's counsel) paid for by the state, and some may also be entitled to free legal aid. If you have been subjected to violence in close relationships, a crisis centre or the police can help you further. In some less serious cases, the parties can also meet at konfliktrådet (the mediation board), but this does not replace the right to violence compensation.
State violence compensation or a separate claim against the perpetrator?
It is worth distinguishing two things. Violence compensation from the state means the state pays you first. The state can then claim the money back from the perpetrator – this is called regress (recourse). The act states that your claim transfers to the state, and that the state shall claim recourse once there is a final judgment (§ 11).
You can also claim compensation directly from the perpetrator. Such a private claim is a civil case between you and the other party, and you then bear the risk yourself of whether the person can pay. The advantage of the state scheme is that you get paid even if the perpetrator cannot pay, is not convicted, or is unknown. The state then takes on the risk of recovering the money.
Example (illustration): A person is subjected to abuse and reports it to the police. The bistandsadvokat brings the compensation claim within the criminal case, and the court awards oppreisning in the judgment. Within six months after the judgment becomes final, the person asks KFV for payment. This is an example, not a guarantee of the outcome in your case – the amount and result always depend on the specific circumstances.
This is general information, not legal advice for your specific case. For a concrete assessment, contact a bistandsadvokat, a law firm, or Kontoret for voldsoffererstatning.
