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Albemarle County Victim/Witness Assistance Program

Albemarle County Victim/Witness Assistance Program. Sandra Abbott 1600 5 th ST. Suite D Charlottesville, VA 22902 Phone: 434-296-5830 Fax: 434—972-4127 abbotts@albemarle.org. Definition of a Victim.

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Albemarle County Victim/Witness Assistance Program

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  1. Albemarle County Victim/Witness Assistance Program Sandra Abbott 1600 5th ST. Suite D Charlottesville, VA 22902 Phone: 434-296-5830 Fax: 434—972-4127 abbotts@albemarle.org

  2. Definition of a Victim • Anyone suffering physical, emotional or financial harm as a direct result of a felony or certain misdemeanors

  3. Protection • Waiting Area separate from the accused during court • Further harm and threats of harm • Protective orders

  4. Financial Assistance • Criminal Injuries Compensation Fund • Prompt return of property being held as evidence, when no longer needed for court • Restitution for damages or loss, if ordered by the court

  5. Notification • Information on the status of your case throughout the court process • Assistance in dealing with your employer if you need to miss work • Prisoner release notification

  6. Victim Input • Victim Impact Statement preparation • Courtroom presence during trial • Court Room Assistance • Confidentiality of phone number and address • Closed preliminary hearing in limited situations • Use of two-way closed circuit television in limited situations

  7. Court room assistance continued • Confidentiality • Interpreters

  8. Local Statistics from our Victim/Witness Assistance Program • Victimization over the last five years in Albemarle County • Our local statistics according to Race

  9. 18.2-57.2 Assault and Battery against a family or household member • Any person who commits an assault and battery against a family or household member is guilty of a class 1 misdemeanor. • Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against offenses against a family or household member in violation of this section, (ii) malicious wounding in violation of 18.2-51, (iii) aggravated malicious wounding in violation of 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of 18.2-52, or (v) an offense under the law of any other jurisdiction which has the same elements of any of the above offense, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony. • Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by 16.1-253.4 except if defendant is a minor an emergency protective order shall not be required. • The definition of family or household member in 16.1-228 applies to this section.

  10. Central Virginia Batterer Intervention Program • Offers eligible people charged with a domestic violence offense an alternative to a jail sentence. In order to participate in this program, defendant must be willing to participate in an intensive 24 week education program to address his behaviors

  11. Anger Management Classes • Nine week program • Doesn’t have to be court ordered • Typically court ordered for females and non intimate partner defendants

  12. Other issues the court may address • Substance abuse • Mental Health Issues • No contact with the victim/no violent or abusive contact • Not to trespass/come on victim’s property • Restitution

  13. When Victim doesn’t want to follow through with prosecution • Can the victim dismiss charges? • What happens when the victim doesn’t show up when subpoenaed for court? • Victim is getting harassed by the defendant’s family • Financial concerns • Safety concerns Does the victim have to be in the same room as the defendant? What if the victims says she doesn’t remember?

  14. Types of Protective Orders • Family abuse protective orders • Emergency protective order • Preliminary protective order • Permanent protective order

  15. Stalking/serious bodily injury protective orders • A: Emergency protective order • B. Preliminary protective order • C. Permanent protective order

  16. Juvenile Court Services Unit401 East High Street , 979-9191 • Protective orders • Custody • Child support • visitation

  17. We are a team It sometimes takes a whole community to work with families who have been victimized of domestic violence Victim’s safety is our first priority ADT/911 phones

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