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Victim – General Information – (Below)
Victim – Domestic Violence –
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Victim Information -
General
The purpose of this section is
to provide general information for victims in a criminal case.
The information is not intended to be a comprehensive statement
of all victim rights and you should not rely on this information
for any specific case or situation. If you have questions about
your specific situation you must contact either the local
prosecutor that is
prosecuting the case, the victim advocate, your own attorney or
in some cases the
County Prosecutor’s
office or the
Ohio Attorney
General’s office.
Rights of victims of crime are recognized
in the Ohio Constitution and in laws that have been enacted by
the State Legislature. The Constitutional provision is:
O Const I Sec. 10a
Rights of
victims of crimes
Victims of criminal offenses shall be accorded fairness,
dignity, and respect in the criminal justice process, and, as
the general assembly shall define and provide by law, shall be
accorded rights to reasonable and appropriate notice,
information, access, and protection and to a meaningful role in
the criminal justice process. This section does not confer upon
any person a right to appeal or modify any decision in a
criminal proceeding, does not abridge any other right guaranteed
by the Constitution of the United States or this constitution,
and does not create any cause of action for compensation or
damages against the state, any political subdivision of the
state, any officer, employee, or agent of the state or of any
political subdivision, or any officer of the court.
The rights that you have as a victim vary with the type of
offense that has been charged. If the offense is a felony or
most types of violent offenses including
domestic violence or stalking offenses there is an entire
chapter in the Ohio Revised Code that grants you certain rights.
(References are to the Ohio Revised Code. There are several
places that you can obtain a copy of the full text of the cited
code sections including most local libraries. The Ohio
legislature also has a site at
http://www.legislature.state.oh.us/laws.cfm that has a link
to the Ohio Revised Code) The rights include:
1. Right to Receive
Information about Your Rights as a Crime Victim
After its initial contact with you the law enforcement agency
investigating the crime is responsible to give you: (a) An
explanation of your rights under Chapter 2930 of the Ohio
Revised Code; (b) Information about medical, counseling,
housing, emergency, and any other services available to you. (c)
Information about compensation for victims under the reparations
program in sections 2743.51 to 2743.72 of the Ohio Revised Code
and the name, street address, and telephone number of the agency
to contact to apply for an award of reparations under those
sections; (d) Information about protection that is available to
the victim, including protective orders issued by a court.
As soon as practicable after its initial contact with you the
law enforcement agency responsible for investigating the crime
is responsible to give you: (a) The business telephone number of
the law enforcement agency responsible for investigating the
case. (b) The office address and business telephone number of
the prosecutor in the case; (c) A statement that, if the victim
is notified of the arrest of the offender in the case within a
reasonable period of time, the victim may contact the law
enforcement agency to learn the status of the case. RC 2930.04
2. Right to Appoint a
Representative
As a crime victim, you may
authorize a member of your family or another person to act as
your representative during criminal or juvenile justice
proceedings. Also, someone may act as a representative if the
victim is a minor, incapacitated, incompetent, or deceased. This
allows a family member, or another person whom you have chosen,
to participate in the criminal justice system on your behalf and
with the same rights you would have.
After being notified of who
the authorized representative is, the prosecutor or the court
must provide notices only to the representative. All rights by
law for the victim must then be requested by the representative.
RC 2930.02
3. Notice of Arrest of the
Offender
Within a reasonable period of
time after the arrest or detention of the offender the law
enforcement agency responsible for investigating the crime is
required to notify you of: (a) The arrest or detention of the
offender. (b) The name of the offender. (c) Whether the offender
is eligible for pretrial release. (d) The telephone number of
the law enforcement agency. (e) Your right to telephone the
agency to ascertain whether the offender has been released from
custody. RC 2930.05
4. Reconsideration of Bond
of Released Offender
If the prosecutor is notified
that the defendant or alleged juvenile offender has committed or
threatened to commit one or more acts of violence or
intimidation against the victim, victim's family, or the
victim's representative, the prosecutor may file a motion asking
the court to reconsider the conditions of the bond or personal
recognizance granted to the defendant, or to consider returned
the defendant or alleged juvenile offender to incarceration or
detention. RC 2930.05
5. Right to Reasonable
Return of Property
If your property has been
taken as evidence, it will be safely held until it is no longer
needed as evidence. Property seized as evidence may be released
by the prosecutor or by the court hearing the criminal case
against the offender. In some cases, the property can be
photographed by the law enforcement agency and returned to the
owner. If the property is identified as being needed as evidence
for the defense of the offender, it will be retained by law
enforcement until the court can make a decision about its
release, taking into account the victim's need for the property
and the defendant's alleged juvenile offender's claim that the
property is needed as evidence. RC 2930.11; RC 2933.41
6. Right to Information
From, and Meaningful Discussions With, the Prosecutor
The local
prosecutor will notify
you either verbally or in writing of the status of the case.
Additionally, the prosecutor or the court must confer with you,
to the extent practical (a) Before pretrial diversion is granted
to the offender. (b) Before
amending or dismissing a charge. (c) Before agreeing to a
negotiated plea. (d) Before a trial of the offender by judge or
jury.
If the prosecutor or court
fails to confer with the victim regarding the above legal
actions, the court, upon being notified of the failure, will
note on the record the failure to confer and the reason. The
failure to confer will not affect the validity of any action.
ORC 2930.06
In addition, after legal
action against the offender has begun, the prosecutor or court
will provide you, the extent practical, with the following:
(a) Name of the offender, now
called the defendant. (b)
Name of the offense with which the defendant has been charged. (c)
Case file number. (d)
A brief explanation of the
procedures involved in a criminal prosecution. (e)
A brief statement regarding your
right to be present during all proceedings held throughout the
prosecution of the defendant. (f)
Procedures that may be followed by you or the Prosecutor if the defendant
threatens or intimidates you. (g)The name and business telephone number of the person to contact for
further information regarding the criminal case. (h)Your
right to have the victim's representative in exercise your
rights and the procedure to designate the representative.
Upon your request, the
prosecutor or the court will provide you with a notice of any
scheduled court proceedings and changes in the schedule. If you
request this notification or any other notice available to you,
it is important to keep the prosecutor or court informed of your
address and telephone number throughout the process. RC 2930.06
7. Right to be Notified of
Substantial Delay
To the extent practicable and
upon your request, the prosecutor will inform you if there is a
motion, request, or agreement that will substantially delay the
prosecution of the case. If you disagree with the proposed
delay, the prosecutor will inform the court of your objections
and the court will consider your objections prior to ruling on
the motion, request, or agreement. RC 2930.08
8. Right to Be Free From
Intimidation
No one is permitted to
threaten or intimidate you or your witnesses during any stage of
the criminal justice process. A person who intimidates,
threatens, or otherwise frightens you, a family member, or a
witness should immediately be reported to law enforcement and
can be charged with a criminal offense and prosecuted. The court
can also order the person to stat away from you. The prosecutor
may ask the court to refrain from identifying your address,
place of employment, or similar identifying facts in the case
file and during the criminal prosecution, unless it is used to
identify the location of the crime. The court can order the
transcript of the trial sealed to further protect you. You may
ask the prosecutor to file a motion requesting a court order to
prohibit a person from intimidating you or a witness, or to
prohibit a person from committing an offense against you, your
ward, or your children.
9. Right to Meaningful
Participation During the Trial
As a victim, you have the
right to attend the trial and any related hearings or
proceedings, excluding grand jury proceedings, unless the court
finds that your exclusion is necessary to protect the
defendant's right to a fair trial. At your request, you may also
be accompanied by a person to give you support. In an effort to
prevent unwanted contact, the court, whenever possible, will
provide a waiting area for the victim, the victim's
representative, victim's family, and witnesses for the
prosecution, that is separate from the area used by individuals
attending on the defendant's or alleged juvenile offender's
behalf. RC 2930.09; RC 2930.10
10. Notice of Acquittal or
Conviction
At your request, the
prosecutor or the court will notify you of the outcome of the
criminal or juvenile proceedings. If the offender is found
guilty, the prosecutor will provide the following information:
(a) The offenses of which the
defendant or alleged juvenile offender was found to have
committed. (b)The address
and business telephone number of the probation office or other
person preparing a pre-sentence or disposition investigation and
victim impact statement. (c)
Notice that you may make a statement about the impact of the offense to
the person who completes a pre-sentence or disposition
investigation report or to a person who prepares the victim
impact statement, and that this statement may be made available
to the defendant. (d) Explanation of your right to make a statement about the impact of the
offense at sentencing or disposition. (e)The
date, time and location of the sentencing or dispositional
hearing. (f) Any sentence
imposed, including judicial release or modification after a
defendant's or alleged juvenile offender's successful appeal. RC
2929.20(D); RC 2930.12
11. Special Rights of Victims of
Domestic Violence
When a loved one hurts you,
it can be embarrassing, confusing, and sometimes
life-threatening. No one has the right to hurt you, your
children, or another family member. You have a right to be safe
from harm. Getting help is the first step toward a safe future.
This section reviews information that may be helpful if you have
been a victim of domestic violence.
Is Domestic Violence
Considered a Crime?
Yes. In Ohio, it is a crime
to harm or threaten to harm a spouse or a person living as a
spouse, former spouse, child or sibling, parent or person with
whom you have a child. If you are the victim of such threats or
abuse, you or a local law enforcement officer or prosecutor may
file a domestic violence charge. After a domestic violence
charge is filed, you or the officer may also ask the court to
issue a Temporary Protection Order. A Temporary Protection Order
may be issued by a judge in a criminal domestic violence case to
order the defendant to stay away from you while the criminal
charge is pending. If you have to go to court for a hearing in a
criminal case, you have the right to be accompanied by a victim
advocate. The victim advocate that is assigned to the Oberlin
Municipal Court can be reached at 440-776-0706 or you may
contact the
local Prosecutor for assistance. You may also visit
the website of the
Ohio Domestic
Violence Network RC 2919.25; RC 2919.26; RC 3113.31
What Can I do to Protect My
Family and Myself?
Your local shelter, domestic
violence advocacy program, victim witness program, or a private
attorney should be able to explain all available courses of
action to protect you, your family, and your possessions.
Protection orders are helpful sometimes but will not guarantee
your safety. Your local domestic violence shelter should have
information on developing safety plans to assist you an
emergency.
Are All Protection Orders the
Same?
No. There are three different
kinds of protection orders. Criminal courts can issue a
Temporary Protection Order or an Anti -Stalking Protection Order
depending upon the type of criminal charge and your relationship
to the defendant. The
Domestic Relations
Court can issue a Civil Protection Order (CPO).
Domestic Relations Court has
the responsibility of terminating marriages, determining custody
of children, and providing for a fair division of marital
property. The court also has the responsibility of providing
protection to victims of domestic violence. A petition for a CPO
can be filed with a domestic relations court. Depending on your
court, you may or may not need an attorney to assist you in
obtaining a CPO, which can last for up to five years. You also
do not need to be getting a divorce to ask for a CPO. Check with
the domestic relations court, shelter, or the victim advocate to
find out how to obtain a CPO. [ORC § 3113.31]
Who Can Help Me With Domestic
Violence Problems?
If you are a victim of
domestic violence, contact the
victim
advocate in this court, a domestic violence shelter, your
local police department, a victim/witness program, local
advocacy program, local children's services agency, or
prosecutor's office for information and advice. The
Ohio Domestic Violence Network
has a toll-free, 24-hour, information line to help you locate a
shelter or other services in your area. Many domestic violence
shelters offer counseling or support groups. In addition, most
counties in Ohio have victim advocates that will assist domestic
violence victims during the arrest of the offender and
subsequent court proceedings.
How Can My Children Go To
School If We Are In a Domestic Violence Shelter?
If you and your children are
forced to leave your home and go to a domestic violence shelter,
Ohio law provides that your children may attend school free of
tuition in the school district where the shelter is located. RC
3313.64
12. Right To Compensation
For Economic Losses Resulting From Crime
In 1976, the Ohio Legislature
enacted the Crime Victims Compensation Act. This law helps
innocent victims of violent crime recover their economic losses
suffered as a result of the crime. In 2000, SB 153 expanded
benefits for some crime victims, and streamlined the application
process. Victims of violent crime must apply for compensation
and must meet certain eligibility requirements. This section
answers some of the most commonly asked questions about crime
victims compensation.
Can I Get Help Paying Bills
Related to My Being a Crime Victim?
The Ohio Crime Victims
Compensation Program may help you pay specific expenses that are
not covered by insurance or other benefits if you are in one of
the following categories: (a)
A victim of violent crime
[including a victim of a drunk driver). (b)
A dependent of a deceased
victim. (c) A parent or
guardian of a crime victim if you are responsible for the
victim's expenses. (d)
Someone who has taken legal responsibility to pay the expenses
incurred due to a crime. RC 2743.51
What Type of Expenses Will
the Compensation Fund Cover?
An award may be made for:
(a) All medically necessary
expenses for treatment and care of the victim that are not
covered by insurance. (b)
Funeral expenses. (c) Loss of income. (d) Counseling
costs. (e) Other costs as
specified under law.
(Awards are not usually made
for property loss or for pain and suffering.) [ORC § 2743.51]
All payments for expenses
eligible for compensation will be made directly to the service
providers. If, however, at the time of applying for
compensation, you have paid some or all of the expenses, you
(rather than the service provider) will directly receive
reimbursement for the paid expense(s). You will also receive
direct payment for any un-reimbursed loss of income you may have
and certain other types of economic loss that you personally
incur.
If I Am Awarded Money in a
Civil Lawsuit, How Will That Affect My Claim?
If the money awarded is for
expenses already reimbursed by the compensation program, you
will have to pay the program back. You may be ineligible for
additional payments from the program because of the earlier
civil suit award.
When Must I File an
Application for Compensation?
You must file within two
years of the date the crime occurred.
If I'm Not an Ohio Resident,
Can I Still File?
Yes, if the crime occurred in
Ohio, but only if you are a resident of the United States, or a
resident of a foreign country that will compensate crime victims
who are residents of Ohio.
I Didn't File a Police Report
When the Crime Occurred. Can I Still Get Compensation?
The crime must be reported to
a law enforcement agency within 72 hours after it occurs. If not
reported within 72 hours, you must show a good reason for the
delay. You must cooperate with the law enforcement officer or
agency assigned to investigate the crime to be eligible for
compensation.
Can My Criminal Record Affect
My Eligibility to Receive Compensation?
Yes. Anyone engaged in or
convicted of violent felonious criminal activity, including
drug-related offenses, 10 years before, during, or after the
crime for which they seek compensation cannot benefit from
Ohio's Crime Victims Compensation Program. Neither can anyone
convicted of child endangering or domestic violence. When
reviewing a claim, program specialists will look for evidence of
felonious criminal conduct.
How Do I Apply for
Compensation?
Call the Attorney General's
Crime Victims Services Section Hotline at 1-800-582-2877. Many
county prosecutors and victim assistance programs also have
applications available.
Do I Need an Attorney to Fill
Out the Claim for Me'?
An attorney can help you fill
out the claim, but it is not required. An attorney cannot charge
you for helping to file your application or for legal
representation during the application process. The Compensation
Fund will pay attorney fees related to your application.
13.
Other Assistance to Victims
In Ohio, numerous statewide
organizations and local agencies exist to assist you in dealing
with the emotional, financial, and legal consequences of your
victimization. Most counties have a prosecutor-based victim
witness program, and many have rape crisis centers, domestic
violence shelters, child abuse treatment centers, homicide
survivor support groups, and programs that help victims of drunk
drivers.
You may want to contact your
city or county prosecutor's office to ask if a victim assistance
program operates in your area.
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