Domestic Violence Victim Restitution in Los Angeles
California has laws that allow any victim who suffers financial damages to collect restitution through the criminal court process instead of filing a civil lawsuit.
It's important to note that in Los Angeles domestic violence (DV) cases, the victim may be owed restitution. The payment of victim restitution is not just a legal requirement, but a fair and mandatory one under California Penal Code 1203.097 PC.
Part of the fines assessed on every criminal conviction in California goes directly to the California Victim Compensation Board. This fund is not just a crucial support system, but a compassionate one designed to help pay expenses for the victims of certain violent crimes, including domestic violence, elder abuse, child abuse, and child endangerment.
The Victim Compensation Board is separate from the restitution ordered for your probation. The victim is entitled to compensation for any out-of-pocket expenses due to your conduct. In domestic violence cases, this might include medical bills or treatment expenses, counseling, loss of income, home security, and relocation expenses.
When restitution is requested, the court will schedule a court date after your sentencing. As a key participant, the victim will give their restitution request to the district attorney, who will then advise your defense attorney. Your defense attorney will then represent you in the restitution process, cross-examining the victim and presenting evidence on your behalf. The judge will ultimately determine what amount of restitution, if any, to award the victim.
Sometimes, your insurer might cover the restitution requested. If you believe the restitution amount is unfair or cannot afford it, you can challenge it by requesting a restitution hearing. This involves submitting a formal request to the court, which will schedule a hearing where both parties can present their arguments.
The victim is expected to testify about damages and provide documentation. Your defense attorney can cross-examine the victim and also present evidence. In the end, the judge will determine what amount of restitution, if any, to award the victim.
DV Restitution - Quick Facts
- If convicted of a domestic violence offense in a Los Angeles criminal court, you might be ordered to pay victim restitution.
- Victim restitution payments are a mandatory requirement of your domestic violence probation.
- Restitution is a form of compensation for losses suffered by a victim due to your conduct.
- Certain domestic violence cases might trigger victim restitution.
- The restitution can partially or fully compensate a victim.
- Restitution covers direct losses, like property damages or the cost of a victim being forced to leave their home due to your conduct.
- Restitution could cover the cost of medical treatment or counseling.
- Common restitution payments are for loss of income, the cost of temporary housing to keep the victims safe, and the hospital emergency room.
- You might get some relief from restitution based on the ability to pay.
- The judge will consider your earning capacity and total assets to determine your ability to pay.
- You are responsible for proving to the court that you are financially unable to make restitution payments at the hearing.
Victim Restitution and the District Attorney
The district attorney assigned to a domestic violence case is responsible for pursuing victim restitution. After you are convicted, or when the DA has strong evidence, they will typically attempt to negotiate a deal where you will agree to pay restitution as part of the terms of probation.
The DA will also present the victim's restitution request to the court and argue for the amount they believe is fair.
After the request for victim restitution, the judge will set a later court date after you are sentenced to address the restitution claim. As noted, the victim will provide the DA with their request for restitution, who will, in turn, give this information to your defense attorney.
What is a Victim Restitution Hearing?
If you do not agree with the amount of restitution requested, you can ask for a hearing. The victim will have to testify about the damages and provide documentation. Consider the following steps:
- Your lawyer can cross-examine the victim and present evidence on your behalf. The prosecutor will question the victim on the witness stand, and the judge might ask some questions.
- The district attorney will present evidence and make their arguments on the amount of restitution based on the evidence. Next, your attorney will also present evidence and make arguments before the judge on the amount of restitution they believe to be fair.
- The judge will consider all evidence and then decide on the restitution you will pay the victim.
As noted, restitution is designed to pay the victim's out-of-pocket expenses based on your actions against them, but it's often in favor of the victim. It can be difficult to challenge the amount of victim restitution that was ordered in a domestic violence case.
Negotiation between your lawyer and the prosecutor usually achieves the best outcome. However, it's the judge who makes the final decision.
How Do You Pay Victim Restitution?
The payments of victim restitution in domestic violence will be a mandatory condition of your probation. If you cannot pay the total amount the victim requested, the judge will usually order you to make monthly payments.
Sometimes, the judge may schedule an ability-to-pay hearing, allowing you to show documentation about your financial status. This will give the judge essential information to decide the exact monthly payments you will pay to the victim.
Suppose you cannot pay the full restitution by the end of your probation period. In that case, the judge will probably extend your probation period, or they might even decide to convert the amount to a civil judgment.
If the court decides you willfully failed to pay victim restitution, the judge could impose a probation violation and give you additional penalties. This could include additional fines, an extension of your probation period, or even jail time. However, if the court determines that your failure to pay was not willful because you cannot financially maintain the payments, it will not typically result in a probation violation. It's important to understand the serious consequences of not fulfilling your restitution obligations.
However, if the court determines that your failure to pay was not willful because you cannot financially maintain the payments, it will not typically result in a probation violation.
What Are Some Other Costs?
In addition to paying victim restitution discussed above, the court will also typically order the following:
- You pay a $500 fee that will be sent to help with the cost of Los Angeles County domestic violence programs.
- You might have to make payments to a battered women's shelter, which could be up to $5,000.
- You pay the cost of a 52-week batterers' intervention program.
- There is also a cost for your probation.
As noted, these costs can be negotiated into a payment plan based on your ability to pay. Victim restitution payments are a higher priority than making payments to a battered women's shelter.
In domestic cases where the victim is your spouse, the court will typically prohibit you from using community funds to make victim restitution payments. In other words, the restitution payments must be made from your money.
If you were charged with a domestic violence-related crime, call our California criminal defense lawyers to review the details and legal options moving forward. We can help you navigate the DV court process, which could give you the best chance of a favorable outcome. The Hedding Law Firm is based in Los Angeles, CA.
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