May 24, 2019

Know Your Domestic Violence Victim Rights

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As victim of domestic violence it is important that you understand your rights under the Florida Crime Victim’s Bill of Rights. At CASA, we have a dedicated team of Criminal Justice Advocates who can help you navigate the criminal justice system and make sure your rights are being upheld. To speak with a justice advocate today call 727-895-4912 or email info@casa-stpete.org. As a victim of domestic violence, you have a right to the following:

FLORIDA CRIME BILL VICTIM’S OF RIGHTS: 

“Victims of crimes or their lawful representatives, including next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard, when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with constitutional rights of the accused.”

VICTIM IMPACT STATEMENT §960.001(1)(K)

the purpose of this statement is to allow victims, to describe to the court the impact of the crime. A judge may use information from these statements to help determine an offender’s sentence. Victim impact statements are optional and can be presented orally or in a written format to the judge.

May include descriptions of:

• Physical damage cause by the crime
• Emotional damage caused by the crime
• Financial cost to victim from the crime
• Medical or psychological treatments required by the victim or his or her family
• The need for restitution (court-ordered funds that the offender pays the victim for crime-related expenses)
• The victim’s views on an appropriate sentence/outcome

RIGHT TO BE PRESENT AND HEARD §960.001(1)(E)

• Pre-trial (At the pretrial hearing, the prosecutor and your attorney quickly discuss the case. Plea offers may be discussed, accepted or refused.)
• Sentencing (Victims are allowed to prepare for the judge a victim impact statement that explains how the crime affected them. in deciding on a sentence, the judge has a range of choices, depending on the crime. in some cases, the defendant appeals the case, seeking either a new trial or to overturn or change the sentence.)
• Advisories (within 24 hours of arrest. At this time the defendant will have opportunity for bond to be assigned or released on own recognizance.)
• Bond hearing (Is a court hearing when the court may reduce the accused’s bond or release the accused on his own recognizance pending judicial proceedings)

RIGHT TO BE ACCOMPANIED BY A VICTIM ADVOCATE

• Discovery deposition §960.001(1)(q) (victims, witnesses, and testifying experts can be questioned during a deposition. there is no judge, no bailiff, and no jury. present during the deposition: the state attorney, defense attorney, victim or witness, court reporter. an advocate may be present)
• Forensic Medical examination §960.001(1)(u)
• Injunction hearings §741.30(7)

RIGHT TO REQUEST RESTITUTION §960.001(1)(J)

VICTIM COMPENSATION §960.001(1)(A)

• Domestic violence relocation
• Medical/dental expenses
• Mental health counseling
• Wage loss
• property loss (60+ or disabled adult)
• Disability compensation
• Funeral/burial expenses
• Human trafficking relocation
• Sexual battery relocation