26. Should I file criminal charges if I have already filed for a restraining order and received this protection?
You should discuss with a domestic violence advocate the issue of whether to file a criminal complaint against your abuser. However, you should make your own decision about filing a criminal charge against the abuser. You have been the victim of a criminal act by someone with whom you have or once had a relationship. A criminal act is not permitted between any two people regardless of their relationship to each other. Domestic violence is recognized as a serious life-threatening crime. The Prevention of Domestic Violence Act was enacted to protect you. It is your right to use the law.
27. How do I file a criminal complaint?
You usually begin the process at your police department or your local municipal court. From this point, the process is different, depending on the crime and the county where the crime has taken place. In some cases the police will issue a warrant for arrest. In other cases a court summons will be issued. The case will either proceed through the municipal court system or be handed over to the county prosecutor's office. A case screening may be scheduled. If you receive notice about a case screening, make sure you call the phone number on the notice the day before the scheduled screening to find out what has happened to your charges. Sometimes charges will be reduced, depending upon the evidence in the case. It is important to keep in touch with the prosecutor's office or municipal court, and provide whatever they need to resolve your case. REMINDER: Criminal complaints and violations of a restraining order complaints must be filed and prosecuted in the county where the offense took place. This is different than the filing for a civil restraining order. Civil restraining orders can be filed in several different places: where you live or are sheltered, where the abuser lives or where the domestic violence took place.
28. Is there anything I need to do if I file a criminal complaint?
All criminal cases require evidence. This is why it is important for you to seek treatment for any physical or emotional injuries you have suffered at the hands of the attacker. For example, if the attacker has given you a black eye, take a photograph of your black eye. It would also help if you tell a medical professional, either your private doctor or someone in a hospital clinic or emergency room, how you received this injury or why you have become so emotionally upset. If you are on welfare, or if your family is working with the Division of Youth and Family Services, tell your social worker what happened. You can also call your local domestic violence hotline if you need help and support. (See Helpful Numbers at the end of this booklet.) REMINDER: If you are physically injured, ask the doctor or nurse to document your injury, how it happened, and to include photos of your injury in your medical record. These records may be useful to you if you choose to take legal action. Even if you choose not to file criminal charges at that time, it is still important to have a record of what was done to you.
29. If I file criminal charges, what can I expect before the case goes to trial?
After you have filed criminal charges, the abuser will probably be released from custody on bail, or on his or her own word. According to the law, the court that releases the abuser (the defendant) on bail may require him or her to follow certain rules. These rules are listed in a bail order, which, like the civil restraining order, is a legally enforceable document. The rules on the bail may include prohibiting the defendant from having any contact with you. This includes prohibiting the defendant from entering your home, place of work or school, or harassing you or your relatives. If you and the abuser are living together, the judge releasing the defendant may allow him or her to return home to pick up personal belongings. Ask the judge to limit the time the defendant can stay, and ask that a police escort supervise him or her while there. The court clerk, or your lawyer if you have one, must give you a copy of this bail order. Keep it in a safe place. You may need it if the defendant does not obey the bail order. If the abuser is released on bail, you have the right to be notified of this release. Law enforcement authorities will attempt to notify you of the release.
30. Will I have to testify?
YES. A court hearing will be scheduled as soon as possible on your charges, and you will have to testify. If the defendant is found guilty, the judge will sentence him or her. The sentence will depend on the facts in the case. As part of the sentence, the judge may order the defendant to continue obeying the bail order. This is called a sentencing order. In addition, as part of the sentencing order, the judge may require the defendant to get professional counseling.
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