Ovs Claim Application And Instructions Page 2

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Court Ordered Restitution Information
What is restitution?
Restitution is compensation paid to a victim by the perpetrator of a criminal offense for the losses or injuries incurred as a
result of the criminal offense. It must be ordered by the Court at the time of sentencing, and is considered part of the
sentence.
for payment of damages for future losses, mental anguish or “pain and suffering.”
Restitution is
NOT
When the District Attorney’s (DA) office advises the Court that you have requested restitution or when the victim impact
statement contained in the probation investigation report (pre-sentence, pre-plea or pre-disposition report) indicates that
the victim seeks restitution, the Court must order restitution unless the interests of justice dictate otherwise. When the
judge does not order restitution, the judge must clearly state his/her reasons on the record.
What can I request as restitution?
You can ask for any expense you incur as a result of the criminal offense – even for items the OVS may not be able to
reimburse. Restitution may include, but is not limited to, reimbursement for medical bills, counseling expenses, loss of
earnings, funeral expenses, insurance deductibles and the replacement of stolen or damaged property.
Who is entitled to restitution?
Anyone who has been the victim of a criminal offense and has suffered injuries, economic losses or damages can seek
restitution. Many times, victims who deserve restitution do not request it. This can occur because victims are not aware
that they are entitled to restitution, or do not know what steps to take to go about receiving the restitution they deserve.
How do I ask for restitution?
You should contact the DA’s office and advise them of the extent of your injury, your out-of-pocket losses and the amount
of damages you are requesting.
It is your responsibility
to give the police, DA and, upon request, the local probation department copies of the bills
and other documents showing the extent of your injuries, your out-of-pocket losses and the amount of damages you want
considered by the Court. Your claim for restitution will be included in any probation investigation report (pre-sentence,
pre-plea or pre-disposition report). Be sure to:
Keep accurate records such as original receipts of any expenses you have as a direct result of the criminal offense.
Give copies of these receipts to the police, DA and local probation department.
You need to clearly explain your need for restitution as soon as possible to the DA, the victim/witness advocate, and the
probation department. Plea agreements can occur within days of the actual criminal offense. If this information is not
provided before the plea agreement and sentencing, you may have to pursue the perpetrator in Civil Court.
The DA is under an obligation to petition the Court to order restitution on your behalf.
In all felony criminal cases, many misdemeanor criminal cases and all juvenile delinquency and persons in need of
supervision (PINS) cases, a pre-sentence or predisposition investigation report is required. The local probation
department will contact you about the issue of restitution as it pertains to your case.
How is restitution determined?
The amount of restitution is based on proof of your out-of-pocket losses incurred as a result of the criminal offense. The
perpetrator has a right to object to the amount of restitution. The Court may hold a hearing on the issue of restitution
where the Court may consider the perpetrator’s ability to pay. The DA’s office may contact you and ask you to testify at
the restitution hearing. If you have a concern about appearing personally in Court, you should explore alternatives with
the DA assigned to your case.
If the OVS has paid your bills, the Court may order that restitution payments be made to the OVS for those paid items. It
is important that you advise the DA’s Office that you filed a claim with the OVS.
If you filed a claim with the OVS, it is important that you advise the OVS if the Court orders the perpetrator to pay
restitution.
Rev. December 2013

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