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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
Additional Victim Rights
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.
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