HSA-SAS mod4vw.ppt (6/07)

victim witnessMerced County District Attorney’s Office

module 4Family Violence Protocol

Integrated Training for Law Enforcement, Social Services, and Advocates

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Contents

Law Enforcement Responsibilities• To Victims• To Domestic Violence Cases

Victim Witness Assistance Program• How/Who to Contact• Who is Eligible• Who is Not Eligible• Types of Assistance Available• Victim’s Responsibilities• Assistance Limits

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Law Enforcement

Responsibilities

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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

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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.

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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.

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Victim/Witness Assistance

Program

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How/Who to Contact

State program administered by the District Attorney.

Victim/Witness program is described in the “Family Resource Guide” with phone number 209-385-7385 ext 4193

Toll-free telephone number for the California Victim Compensation and Government Claims Board is also in the guide (1-800-777-9229).

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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

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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.

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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

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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.

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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.

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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.

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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.

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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 .

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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.

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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.

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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.

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Module 4Victim Witness

Presented by:Merced CountyDistrict Attorney’s Office

Contact Information:

Lisa DeSantis(209) 385-7385 Ext. 4193ldesantis@co.merced.ca.us

Family Violence ProtocolIntegrated Training for Law Enforcement, Social Services, and Advocates