Victim witness assistance program ohio




















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Ohio Victim Witness Association. Common Pleas. Prosecuting Attorney. Public Defender. A criminal offense charged is a crime against all of the people of the State of Ohio. As a victim of crime, you may be entitled to file a claim under Ohio's Crime Victim's Compensation Act. To file a claim, contact the Ohio Attorney General's Office at or download an application at the link for the Attorney General's Office set forth below. To contact Ms. Haycox-Wellman directly, please call: Ohio law prohibits employers from firing you if you miss work to attend a grand jury, delinquency, or criminal proceeding that you are subpoenaed to attend.

Your employer is not required to pay you for time you didn't work. However, if you are subpoenaed because of a crime that happened at work or if the accused is your employer, your employer cannot decrease or withhold your pay when you miss work to obey the subpoena. In addition, you cannot be discharged, disciplined, or retaliated against for participating, or the prosecutor's request, in the preparation of the criminal case against the offender. An employer can be found in contempt of court for taking such action.

If a person indicted or charged with an offense of violence escapes custody before trial or sentencing, the county prosecutor will notify you. Upon your, request, the prosecutor will notify you promptly after sentencing of the defendant's:. It is your responsibility to keep the agency that has custody of the defendant informed of your current address and telephone number if you want to receive notices from that agency.

Notice if the offender is permitted to serve a portion of the sentence as a period of electronically monitored early release. The offender's escape from custody or absence from a mental retardation, or developmental disabilities facility, and additional notice when the offender is returned to custody or the facility. The death of the defendant or alleged juvenile offender. The offender's release and conditions of the release [ORC Broad St. Columbus, OH toll-free or Questions or concerns about the status of an alleged juvenile offender under the custody of the Ohio Department of Youth Services should be directed: Department of Youth Services Office of Victim Services 51 N.

If you have been victimized by a juvenile offender who has been found to be delinquent by a judge or magistrate, you have the following additional rights: The juvenile court will notify you and all victims of your right to recover damages.

The bond may be forfeited by the court to pay damages caused by a child when the delinquency of the child or child's violation of probation is found to be proximately caused by the failure of the child's parent or custodian to subject the child to reasonable parental authority or to Faithfully discharge the conditions of probation. You could be paid in cash or through labor that equals the value of the property that was damaged or stolen. The court may order the child to perform community service work.

The court may place the child on probation. The court may commit the child to the temporary custody of an institution or facility, camp, or school. The court may order the child be place3d in the custody of the Ohio Department of Youth Services.

The court may impose a fine. The court may impose a period of electronically monitored house detention. The court may order or impose any or all of the above-mentioned consequences. If anyone makes you believe you will be physically harmed or causes you mental distress, that person can be charged with menacing by stalking; however, the offender must exhibit this behavior at least twice in a short period of time.

After the charge of menacing by stalking has been filed, you may request the court to issue an anti-stalking protection order. Under a different law, a person who comes onto your property in order to make you believe that you will be physically harmed or to actually harm you can be charged with aggravated trespassing.

Sexual assault and rape are violent crimes that often leave victims feeling alone and frightened. Sexually violent crimes are difficult, in part, because victims must discuss very intimate details of the crime. Knowing what may happen ahead of time can often reduce anxiety and help you get through the process more comfortably.

The following are the most commonly asked questions regarding sexual assault. If medical personnel conduct an examination for the purpose of gathering evidence, The Crime Victims Reparations Fund will pay for it, including any associated laboratory tests and antibiotics administered as part of the examination. The hospital will bill the Attorney General directly for the cost of the examination and the bill well be paid by the Attorney General regardless of whether you report the crime to law enforcement.

You or your insurance company will be responsible for any additional medical treatment you receive. You may be eligible for compensation for expenses not covered by insurance or other sources through the Ohio Victims of Crime Compensation Program.

Is there mandatory testing of the offender for sexually transmitted diseases? Upon the request of the prosecutor or victim, the law enforcement agency or court with authority will require the alleged offender to be examined for sexually transmitted diseases.

The law enforcement agency will notify you if the alleged offender has any sexually transmitted disease. The results of an examination of the alleged offender for the virus that causes acquired immunodeficiency syndrome AIDS will be given to the court and the court will notify you that the results are available if you ask to see them. If the offender is a child, a probation officer will notify you of any detected sexually transmitted diseases.

You have the right to ask the judge to order that no information on the police report be released. All names and details will remain confidential until after a preliminary hearing or an arraignment, or until the case is dismissed.

The agencies involved, including the media, have adopted policies that may prevent revealing your identity. Only the judge can determine whether or not you will have to answer questions about your personal sexual history. The judge will make that decision before such questions are asked in open court.

A victim of the following offenses may have a specific right to the notification of the offender's residential location:. 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? 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. Check with your local prosecutor's office or domestic violence shelter to find out how to contact an advocate in your area.

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 ate 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? 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.

Domestic 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 mayor 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 victim advocacy program in your community to find out how to obtain a CPO. The Ohio Domestic Violence Network has a toll-free, 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.

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. Children have the right to grow up free of abuse. I have been called to testify in a trial. What are my responsibilities as a witness, and how should I prepare for court?

If you are nervous about testifying, don't hesitate to reach out to the prosecutor on your case or a victim advocate. Here are some helpful tips for preparing to testify in court: Dress conservatively and be courteous.

Wear clothing that will not distract the judge or jury from what you have to say. Remember that the judge and jurors rely on you to be honest and direct so they can make a decision. When it is time to testify, remember that the most important rule is to tell the truth, no matter what. Don't allow your personal opinion of the case to change your testimony.

When an attorney asks you a question, listen carefully. Answer only the question asked of you, simply and directly, then stop. If you make a mistake when answering a question, correct it immediately. It is important to speak clearly and loudly so that the judge, jury and court reporter can hear and understand what you have to say.

If you are a witness for the prosecution, know that the defense attorneys may try to question your credibility. Do not lose your temper. It is also important to be serious while you are on the witness stand. A courtroom is not a place for jokes, and you could be misunderstood if you try to be sarcastic or cute.

If an attorney raises an objection while you are testifying, or if the judge speaks, stop speaking and do not try to finish your answer. Listen to the objection so that you understand why it is being made, and follow any instructions the judge gives you. Be aware that the defendant will be in the courtroom at all times and you will be asked to identify him or her.

This is easier to deal with if you prepare beforehand. You may have friends or family accompany you, and they can sit in the courtroom while you testify, unless they are also witnesses. Witnesses testify one at a time and generally wait outside the courtroom for their turn. A Victim Witness Advocate may also be with you, if you request. Who will be in the courtroom? Court personnel will be in the room: The judge, the bailiff who provides administrative support and manages the courtroom , a court reporter who records testimony and court proceedings , the defendant s and defense attorneys, the prosecuting attorneys, and in jury trials, the jury and sheriff's deputies who provide security.

Courtrooms are open to the public. The seats in the back of the room, called the "gallery," may have members of the public.

Judges usually are conducting several cases throughout the day; there may be people in the courtroom waiting for their case to be heard.

There may be people present who support the defendant, or who support victims. Witnesses for either side are not permitted to observe full court proceedings and are not in the room when not testifying. Children are not permitted in courtrooms. Cell phones, food and beverages are not permitted. Judges can have anyone who does not follow their courtroom rules removed from the room.

In some instances, reporters, camera operators and other members of the media may be present. As a victim, you can request that your image, voice and name not be recorded by the media. The victim advocate and prosecuting attorney will work with the judge to communicate this request to the media.

What should I do if I am contacted by a defense attorney or an investigator for the defendant? As the victim of a crime, it is possible that defense attorneys or investigators might contact you wanting to discuss the case. While you are free to speak about the case with anyone you choose, you also have a right not to speak with the defense if you do not wish to -- the decision is up to you. If you decide to discuss the case with the defense attorney or investigator, it is a good idea to let the assistant prosecuting attorney handling your case know that you plan to do so.

He or she may ask to accompany you to meet with the defense. Do I have to testify? If you receive a subpoena, you are legally obligated to testify in court.



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