HSA-SAS mod4vw.ppt (6/07) victim witness Merced County District Attorney’s Office module 4 Family Violence Protocol Integrated Training for Law Enforcement, Social Services, and Advocates

#4 Contents  Law Enforcement Responsibilities Law Enforcement Responsibilities To Victims To Domestic Violence Cases  Victim Witness Assistance Program Victim Witness Assistance Program How/Who to Contact Who is Eligible Who is Not Eligible Types of Assistance Available Victim’s Responsibilities Assistance Limits

#4 Law Enforcement Responsibilities

#4 To Victims  Administer first aid and offer to arrange for proper medical treatment  Transport/arrange transport of the victim and children to a hospital for treatment  Stand by until the victim and children can safely leave  Stand by until the victim has safely gathered together a suitcase or personal belongings, if requested

#4 Domestic Violence Cases  Assist in making arrangements to transport the victim to an alternate shelter, if requested or needed.  Explain options available to the victim including: Private person’s arrest process Temporary Restraining Orders Emergency Protective Orders In cases of arrest, the follow-up procedures and ensuing criminal or juvenile delinquency proceedings.

#4 Domestic Violence (Cont.)  Advise victim of available community resources and provide “Family Resource Guide.”  Verify and enforce court-issued protective orders.  Provide a copy of the Domestic Violence report to the victim at no charge, when requested.  If the suspect is taken into custody, give the victim the option of having their telephone blocked.

#4 Victim/Witness Assistance Program

#4 How/Who to Contact  State program administered by the District Attorney.  Victim/Witness program is described in the “Family Resource Guide” with phone number ext 4193  Toll-free telephone number for the California Victim Compensation and Government Claims Board is also in the guide ( ).

#4 How/Who to Contact (Cont.)  During weekday business hours, police officers may call Victim/Witness Assistance to refer a victim and facilitate the submission of an application by the victim.  Victims may also call Victim/Witness Assistance directly. This includes: Victim of an alleged battery Corporal injury to a domestic partner

#4 Who is Eligible? Victims, Derivative Victims, and Others  Victim—Anyone who suffers physical injury or threat of physical injury as a result of a crime that occurs in California, if willing to help law enforcement in the investigation and/or prosecution A California resident, victimized elsewhere, may also be eligible for assistance. Children who reside in a home where domestic violence has occurred are also considered victims, regardless of whether they witnessed the crime.

#4 Who is Eligible? (Cont.)  Derivative Victim—Other members of the victim’s family or household who are affected emotionally or financially by the crime.  Other—Persons protected by a permanent restraining order, even if a crime report has not been filed

#4 Who is Not Eligible?  Anyone who is involved in the events or participated in the events leading to the crime.  Participants in mutual combat.  Persons under supervision for a felony conviction (even if a domestic violence victim).  Victims who are unwilling to assist law enforcement in the investigation and/or prosecution of the crime.

#4 Assistance Available  Emergency housing or shelter up to $1,000.  Counseling and mental health treatment up to $10,000 for victims and $3,000 for derivative victims. Note: Children who reside in a home where domestic violence has occurred are considered direct victims.  Home security installation or improvement up to $1,000.

#4 Assistance Available (Cont.)  Medical and dental expenses.  Moving or relocation expenses up to $2,000 per household.  Qualifying wage or income loss due to a crime related disability.  Support loss for dependents of deceased or disabled victims.  Maximum benefits are $70,000 per victim.

#4 Assistance Available (Cont.)  Job retraining for disabled victims.  Home/car retrofitting for permanently disabled victims up to $70,000.  Funeral and/or burial expenses up to $7,500.  Crime scene clean-up up to $1,000 for homicides.

#4 Victim’s Responsibilities  Victim must provide assistance to law enforcement in the investigation and prosecution.  Victim/Witness Assistance Center accepts law enforcement’s referral as valid at the time the application is made, including law enforcement’s affirmation that the victim intends to support prosecution.

#4 Victim’s Responsibilities (Cont.)  If victim later refuses or neglects to assist law enforcement, they will be refused additional benefits.  Victim may need to repay the State if they receive benefits then refuse or neglect to assist law enforcement in the investigation/prosecution.  Victim should file a claim even in the absence of a present need for assistance.

#4 Victim’s Responsibilities (Cont.)  Victims must establish eligibility for assistance within one year. Child victims may file up to one year after their 18th birthday. An additional two-year filing window is possible for adults and children for good cause. Once a victim establishes eligibility, the victim may request assistance at anytime thereafter.

#4 Assistance Limits  Emergency housing and permanent relocation assistance: A victim may request emergency housing and assistance in permanently relocating to another home. However, assistance provided for emergency housing (up to $1,000) is included in victim’s maximum permanent relocation benefit of $2,000 per qualifying family or household member.

#4 Module 4 Victim Witness Presented by: Merced County District Attorney’s Office Contact Information: Lisa DeSantis (209) Ext Family Violence Protocol Integrated Training for Law Enforcement, Social Services, and Advocates