Information for Victims of Violent Crimes and Domestic Violence

"If you have sustained physical injury as a direct result of a crime of violence, or are legally dependent for support upon a person who has sustained physical injury or death as a direct result of a crime of violence, or, in the event of a death caused by a crime of violence, you have legally assumed or voluntarily paid the medical or burial expenses incurred as a direct result thereof, you may qualify for indemnification by the State of California for the out-of-pocket wages, medical and/or burial expenses which you have incurred as a result of the crime. Section 13959 et seq. of the Government Code has established a program to indemnify a crime, suffered a pecuniary loss which they are unable to recoup without suffering serious financial hardship. Claims must be filed with the State Board of Control for the State of California within one year from the date of the crime"

As a victim you may qualify for up to $46,000 of compensation under California's Victims of Crime Act. You can be compensated for out of pocket expenses for:

• medically related expenses
• job training or retraining exercises
• psychological counseling
• funeral and burial expenses
• lost wages

Requirements:

• You must file an application within one year of the crime (late claims may be accepted with good reason
• You must report the crime to the police and cooperate with them in the investigation and prosecution of the case.
• Your actions must not have contributed to the crime causing the injury.

NOTE: Property losses are not covered under the Victims of Crime Act. To apply: contact your local Victim/Witness Assistance Center (see below) or the State Board of Control, PO Box 3036 Sacramento, CA 95812 1-(800)777-9229. You will need to have the criminal report number available.

Victim/Witness Assistance Program

The Victim/Witness Center may be able to help you with many of the difficulties victims encounter, including: emergency help obtaining food, shelter, and clothing referrals to community programs, including counseling help in filing compensation claims under the Victims of Crime Act guidance in dealing with the court process transportation to and from court, and even child care when you're in court assistance in recovering stolen property and obtaining restraining orders help in dealing with employers, medical care providers, and creditors Victim/Witness Center (209) 468-2500 Victim/Witness Center (209) 468-2500

Orders for Relief

You have the right to go to the Superior Court and file a petition requesting any of the following orders for relief: An order restraining the attacker from abusing you and other family members. An order directing the attacker to leave the house hold. An order preventing the attacker from entering your residence, school, business, or place of employment. An order awarding you or the other parent custody of or visitation with a minor child or children. An order restraining the attacker from molesting or interfering with minor children in your custody. An order directing the party not granted custody to pay support of minor children, if that party has a legal obligation to do so. An order directing the defendant to make specified debit payments coming due while the order is in effect. An order directing that either or both parties participate in counseling.

Civil Suit for Losses Suffered

You have the right to file a civil suit for losses suffered as a result of abuse, including medical expenses, loss of earnings, and other expenses for injuries sustained and damage to property, and any other related expenses incurred by the victim or any agency that shelters the victim.

Restitution and Sentencing

As a victim, you may have the right to court-awarded restitution from the offender to cover financial losses. You must contact the prosecuting district attorney or the local probation department. You have the right to appear at felony sentencing hearings to express you views on the crime and the appropriate penalty, including restitution. At all felony cases, the probation department will invite you to make a victim impact statement which may include your financial losses. You have the right to appear at parole hearings before the Board of Prison terms and the Youthful Offender Board. To learn more about your rights concerning restitution and sentencing call 1-800-VICTIMS.