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Victim Rights

A crime can have severe after effects on the victim, including emotional problems and financial losses. There are laws and several agencies to help you, some of which are listed below.

You can read about the constitutional and statutory rights of victims on the Orange County District Attorney website, including the Victims’ Bill of Rights Act of 2008, known as "Marsy’s Law."


Victim Assistance

There are many services available to victims of crimes. Some examples are:

  • Mental health treatment/counseling
  • Crime compensation/restitution for financial losses
  • Domestic and family violence victims
  • Elder abuse victims
  • Sexual assault victims
  • Gang and hate crime victims
  • Homicide victims victims
  • Human trafficking victims
  • Crisis response team

Where to Get Help


Restitution / Compensation for Financial Losses

VICTIM COMPENSATION PROGRAM:

In California, many victims of crime, their families, their loved ones and witnesses have the right to compensation. You can file a claim right away with the Victim Compensation Program. You do not have to wait for the offender to be arrested. Compensation is available for victims of violent crimes for: mental health treatment and counseling; medical or dental expenses for the victim; lost wages or income; burial or funeral expenses; moving or relocation expenses; job retraining for a disabled victim; home or vehicle renovation or retrofitting for a permanently disabled victim; and financial support to care for the dependents of a victim who died or became disabled.

The expenses (or loss) must be related to the crime, and cannot be covered by another source (like insurance, your employer, the defendant).

The Victim Compensation Program does not compensate anyone who committed or contributed to the crime, does not cooperate with law enforcement to prosecute the case, does not file an application for compensation, and files a late application without good reason for delay.

For more information contact:
COURT ORDERED RESTITUTION / COMPENSATION:

You (or your next of kin) may ask the court for money for losses you suffered because of the crime. This is called restitution and, if ordered by the judge, it must be paid by the defendant. You have the right to be compensated for some crime-related losses, such as personal injury, counseling, lost wages, medical bills, expenses to monitor identity theft victim’s credit reports and costs to repair the victim’s credit and funeral and burial expenses. Restitution does not compensate for "pain and suffering" or "emotional distress." If you want this type of compensation, you must contact a civil lawyer. You can read more about the types of economic losses that victims can receive restitution for in California Penal Code section 1202.4.

In any case in which an order for restitution to the victim may be entered, the defendant is required to file a Defendant’s Statement of Assets (CR-115) (see also: Instructions (CR-117) prior to sentencing. This form is a disclosure identifying all assets, income, and liabilities in which the defendant held an interest as of the date of the defendant’s arrest.

You may also complete an Order for Restitution and Abstract of Judgment (CR-110) and submit to the court at the time of sentencing or after sentencing. This allows the Order For Restitution to be enforced as if it were a civil judgment. Read more about this process in Instructions for Order of Restitution and Abstract of Judgment (CR-112). It allows you to seize assets of the defendant such as bank accounts, wages, and place a lien on real property.

Upon a victim’s request, the court shall provide the victim in whose favor the order of restitution was entered with a certified copy of the "Order for Restitution" (CR-110) and a copy of the "Defendant’s Statement of Assets" (CR-115). You may be charged a fee for copies of documents by that court. Additionally, victims may serve Form Interrogatories – Crime Victim Restitution (CR-200) to ascertain further financial interests of the defendant. These forms are designed for use by crime victims to assist them in recovering unpaid restitution as provided in Code of Civil Procedure section 2033.5(d) and (e).

For questions and assistance with completion of the above forms, contact:


Offenders Sentenced to Prison

Go to the State of California, Office of the Attorney General, Victims’ Services Unit to learn more about:

  • Date an offender gets out of prison
  • Parole
  • Attending a parole hearing
  • Protecting yourself when an inmate is released

Other Resources

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