Domestic Violence Unit
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IC 35-33-1-1.5 requires a law enforcement officer responding
to the scene of a crime involving domestic or family
violence to give the victim immediate and written notice
of the following rights provided by law under IC 35-40.
- A victim has the right to be treated with fairness, dignity,
and respect throughout the criminal justice process.
- A victim has the right to be informed, upon request,
when a person who is accused of committing or convicted
of committing a crime perpetrated directly against the
victim, is released from custody or has escaped. This includes
release or escape from mental health facilities.
- A victim has the right to have the victim's safety considered
in determining release from custody of a person accused
of committing a crime against the victim.
- A victim has the right to information, upon request,
about the disposition of the criminal case involving the
victim or the conviction, sentence, and release of a person
accused of committing a crime against the victim.
- A victim has the right to be heard at any proceeding
involving sentence or a post-conviction release decision.
A victim's right to be heard may be exercised, at the victim's
discretion, through an oral or written statement, or submission
of a statement through audiotape or videotape.
- A victim has the right to make a written or oral statement
for use in preparation of the presentence report. The victim
also has the right to read presentence reports relating
to the crime committed against the victim in order that
the victim can respond to the presentence report.
- A victim has the right to confer with a representative
of the prosecuting attorney's office after a crime allegedly
committed against the victim has been charged; before the
trial of a crime allegedly committed against the victim;
and before any disposition of a criminal case involving
the victim. This right applies in the following situations:
- The alleged felony was directly committed against
- The alleged felony or misdemeanor was an offense
against the person, which includes the crimes of Battery,
Domestic Battery, Aggravated Battery, Battery by Body
Waste, Criminal Recklessness, Intimidation, Harassment,
Invasion of Privacy, or Pointing a Firearm, and the
alleged felony or misdemeanor was committed against
the victim by a person who:
- is or was a spouse of the victim
- is or was living as if a spouse of the victim;
or has a child in common with the victim.
- For other misdemeanors, a victim must file a request
for notice, which includes a current telephone number
- A victim has the right to pursue an order of restitution
and other civil remedies against the person convicted of
a crime against the victim.
- A victim has the right to be informed of the victim's
constitutional and statutory rights.
For More Information Contact THE VICTIM ADVOCATE PROGRAM
at 765-747-4777 or by email: firstname.lastname@example.org.