The Rights Of Victims


VICTIM'S RIGHTS
THE CRIME VICTIM'S BILL OF RIGHTS
NJSA 52:4B-36
YOU HAVE THE RIGHT:

  • To be treated with dignity and compassion by the criminal justice system;

  • To be informed about the criminal justice process;

  • To be free from intimidation;

  • To have the inconvenience associated with participation in the criminal justice process  minimized to the fullest extent possible;

  • To make at least one telephone call provided the call is reasonable in both length and location called;

  • To medical assistance if, in the judgment of the law enforcement agency, medical assistance appears necessary;

  • To be notified if presence in court is not needed;

  • To be informed about available remedies, financial assistance and social services;

  • To be compensated for their loss whenever possible;

  • To be provided a secure, but not necessarily separate, waiting area during court proceedings;

  • To be advised of case progress and final disposition;

  • To the prompt return of property when no longer needed as evidence;

  • To submit a written statement about the impact of the crime to a representative of the county prosecutor's office which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed, and;

  • To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. This is in addition to the statement to be included in the PSR (Presentence Report).

INFORMATION FOR VICTIMS OF DOMESTIC VIOLENCE
YOU HAVE THE RIGHT

To go to court to get an order called a temporary restraining order (TRO) which may protect you from more abuse by your attacker. The kinds of things a judge can order in a TRO may include:

  1. that your attacker is temporarily forbidden from entering the home you live in;

  2. that your attacker is temporarily forbidden from having contact with you or your relatives;

  3. that your attacker is temporarily forbidden from bothering you at work;

  4. that your attacker has to pay temporary child support or support for you;

  5. that you will be given temporary custody of your children;

  6. that your attacker pay you back any money you have to spend for medical treatment or repairs because of the violence;

    There are other things the court can order. The court clerk will explain the procedures to you and help you fill out the papers for a TRO. On weekends, holidays and other times when the courts are closed, you still have the right to get a TRO. Call your local Police they will respond and provide you with a victim notification form and can help you get in touch with a judge who can give you a TRO. You also have the right to file a criminal complaint against your attacker. The police will help you file a criminal complaint.