The VSO can give you information on these organizations or you can find out more by contacting the groups listed below

1. Take Immediate Action

$ Report the crime by calling your local law enforcement agency and/or calling 9-1-1;

$ Get to a safe and secure location;

$ Seek medical attention (if needed); and

$ Contact your local law enforcement and your local District Attorney=s Office.

2. Learn Your Rights

Find out as much as you can about your RIGHTS as a crime victim.

If you are the victim of a crime, you have the right to be informed, to be present, and to be heard at authorized times in all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the person accused of committing the crime^{^[1]}!

If you are the victim of a crime, you should know that Alabama law^{^[2]} stipulates that within the first 72 hours after the crime is reported to local law enforcement authorities, the law enforcement agency responding to the report of the crime or having responsibility for investigating the crime is required to provide you with:

1) A list of available local emergency and crisis services;

2) Information on the availability of victim=s compensation benefits and how to contact Alabama Crime Victim=s Compensation Commission;

3) The name and telephone number of the law enforcement agency/officer handling your report/investigation;

4) Information on the procedural steps involved in a criminal prosecution;

5) A list of victim=s rights and form(s) to invoke these rights;

6) Information on the existence and eligibility for restitution and compensation^{^[3]};

7) Recommended procedure if the victim is subjected to threats or intimidation; and,

8) The name and telephone number of the office of prosecuting attorney.

If you are the victim of a crime, you also have the right to ask for what you want or need, to be persistent, to understand your rights and to find out who can help you assert them. Each District Attorney=s Office has one or more Victim Service Officers (VSO), and you should immediately contact the VSO and any victims= advocacy groups active in your area. The VSO can give you information on these organizations or you can find out more by contacting the groups listed below:

$ The Light House (Domestic Abuse, Sexual Assault)

251.947.4393

$ The Local Shelter Program

1.800.650.6522

$ Baldwin County Mental Health

(Adolescents with Drug & Alcohol Programs)

251.943.2344

$ Personal Awareness & Defense for Women

251.747.1931

$ Alabama Crime Victims Compensation

334.290.4420 or 1.800.541.9388

3. Cooperate with Authorities

Your cooperation with the law enforcement agency investigating your case is important!

1) Write down and keep details that can help catch and prosecute the person(s) who victimized you. Create a journal to keep all information relating to the crime, including names of contacts with dates and phone numbers.

2) It is very important for crime victims to realize that to lawfully prosecute your offender, the law enforcement officer may NOT be able to disclose all information on your case at this point, but (s)he will tell you all that (s)he can as the case develops.

3) Save all receipts of expenses directly related to the crime, including prescriptions, funeral expenses, and temporary housing receipts.

4. Find Out Who Does What

Understanding the role of the law enforcement personnel investigating your case, and the authorities prosecuting your case will benefit you!

As a crime victim, it is most important that you understand that law enforcement and prosecutorial authorities involved in your case are working to lawfully prosecute your offender. You will work with local law enforcement officers, your local District Attorney=s Office, and the Alabama Attorney General=s Office.

It is the job of the law enforcement officers in the jurisdiction where the crime occurred to investigate your case so that they may identify and arrest the individual(s) who committed the crime against you.

It is the job of the District Attorney=s Office to prosecute and convict the individual(s) who committed the crime against you.

It is the job of the Victim Service Officer (VSO) in your local District Attorney=s Office, to provide you with support before, during, and after your case is being processed through the judicial system. The VSO can also provide you with the appropriate information, forms, and affidavits that make it possible for you to seek restitution from the individual(s) who victimized you.

Your journey through the criminal justice system unfortunately may not end with the conviction of the offender. Alabama law provides convicted individuals who believe they have grounds to appeal their conviction with the right to do so through the Appellate Courts.

If an appeal is filed by the convicted offender, Alabama law stipulates that attorneys in the Attorney General=s Office be assigned to defend and work to uphold the conviction on the behalf of the State of Alabama. If an appeal is filed in your case, we recommend that you contact one of the Victim Service Officers(VSO) in the Attorney General=s Office of Victim Assistance (AGOVA) in order to obtain pertinent information on your case, and for assistance in tracking the appeal.

It is the job of the Attorney General=s Office of Victim Assistance (AGOVA) to provide statewide assistance to victims of crime. This office is designed to provide victims and their families a place to turn after the offender is sentenced. Upon request, AGOVA provides direct victim assistance, referrals, a toll-free victim service hotline, sex offender victim notification registration, parole protest assistance, victims= rights to witness executions in capital cases, and criminal appeal notification.

As you can see, officials at each level have a specified job in working to apprehend, prosecute, convict and uphold the conviction of your offender. While the officials we have listed will work to keep you informed in the appropriate manner, it is again very important that you understand that authorities may NOT be able to disclose all the information on this case at certain points, but that s(he) will tell you all that (s)he can as the case develops.

5. Invoke Your Victims= Rights

To ensure that you will be fully informed about your case, you must invoke your rights in writing at each stage of the criminal justice system.

A common misperception is that if you invoke your rights once, the Aword@ of this passes along as your case travels along the criminal justice system procedure. Don=t make this mistake! INVOKE YOUR RIGHTS AT EACH STAGE. A diagram of the system is included in this brochure for your review.

How to invoke your rights as a crime victim:

1) Start the process by contacting the Victim Service Officer (VSO) in the District Attorney=s Office of the county where the crime occurred.

2) As you move through each stage of the criminal justice process, ask the VSO in the District Attorney=s Office to provide you with contact information for the person(s) who can assist you at the next stage. The VSO is a great resource for you!

3) When your case reaches the appeals stage, please contact the Attorney General=s Office of Victim Services (AGOVA) toll-free by calling 1-800-626-7676 for more information. You may also call this number any time along the way when you have questions!

6. Understand, Arrest, Prosecution and Custody

Learn all you can about your rights as a crime victim in the arrest, prosecution, and custody phase.

$ Receive information on a recommended procedure of what to do if you are subjected to threats or intimidation. (Code of Alabama 1975, 15-23-62);

$ Designate a representative if you are physically or emotionally unable to assert your rights (Code of Alabama 1975, 15-23-61);

$ Be notified of all criminal proceedings and charges filed against the defendant with the exception of initial appearance and the right to be present at all criminal proceedings (Code of Alabama 1975, 15-23-63, 15-23-67, and 15-14-50 et seq.);

$ Confer with the prosecuting attorney before final disposition of the case (Code of Alabama 1975, 15-23-64) and before commencement of a trial (Code of Alabama 1975, 15-23-65) but not to direct the prosecution (Code of Alabama 1975, 15-23-66);

$ Be provided a waiting area separate from the defendant, his or her relatives, and defense witnesses, if available and practical (Code of Alabama 1975, 15-23-68); and be aware that the address, phone number, place of employment, and other related information about the victim shall not be public record (Code of Alabama 1975, 15-23-69); Refuse an interview or other communication by the defendant, his or her attorney or anyone acting on his behalf (Code of Alabama 1975, 15-23-70);

$ Be notified of or have reasonable attempt made to notify victim of plea agreement and to be present at plea proceeding (Code of Alabama 1975, 15-23-71);

$ Be notified about pre-sentence information, be allowed to make an oral or written victim impact statement to be included in probation officer=s pre-sentence report, and exercise the right to view pre-sentence report (Code of Alabama 1975, 15-23-72 and 15-23-73);

$ Be allowed to present evidence, impact statement, or information concerning the criminal offense or sentencing at pre-sentencing, sentencing, or restitution proceeding (Code of Alabama 1975, 15-23-74);

$ Be notified about sentencing, post conviction, appellate proceedings, post conviction release

information, to be notified in case of escape and how to give all necessary agencies the victim contact information to be able to be notified (Code of Alabama 1975, 15-23-75); Be told about how to have any property taken from you returned to you (Code of Alabama 1975, 15-23-77);

$ Be notified of any release date, parole date, or notice of death (Code of Alabama 1975, 15-23-78);

$ Be allowed to submit a statement to be entered into prisoner=s Department of Corrections record and to be notified by Board of Pardons and Paroles when parole or pardon is to be considered (Code of Alabama 1975, 15-23-73);

$ The right to access any opinion by the Alabama Department of Mental Health and Mental Retardation under 15-16-63 et seq., if they had custody of the criminal defendant (Code of Alabama 1975, 15-23-80); and,

Alabama Attorney General=s Office of Victim Assistance

Crime Victim=s Brochure, Updated 2003

1.800.626.7676

IMPORTANT CASE INFORMATION

The name of the law enforcement agency that took the initial report is:

DAPHNE POLICE DEPARTMENT 251.621.9100

The name and phone number of my local District Attorney is:

JUDY NEWCOMB , BALDWIN COUNTY DISTRICT ATTORNEY=S OFFICE 251.937.0274

The name and phone number of the local Victim Service Officer (VSO) in my local District Attorney=s Office is:

CAROL BOOTH/DENITA PATTERSON , BALDWIN CO. DISTRICT ATTORNEY=S OFFICE 251.937.0274

To invoke my rights as a crime victim, I should first contact:

CAROL BOOTH/DENITA PATTERSON, BALDWIN COUNTY DISTRICT ATTORNEY=S OFFICE 251.937.0274

The agency that currently has custody of the offender in my case is:

OTHER IMPORTANT RESOURCES AND NUMBERS

Alabama Crime Victims Compensation Commission

334.290.4420, or toll-free

1.800.541.9333

www.acvcc.state.al.us

Alabama Attorney General=s Office

for Victim=s Assistance

334.242..7300, or toll-free

www.ago.state.al.us

Governor=s Office for Victims of Crime

State Capitol

600 Dexter Avenue

Montgomery, AL 36104

334.242.7100

www.governor.state.al.us/staff.htm

Victims of Crime and Leniency (VOCAL)

P. O. Box 4449

Montgomery, AL 36109

334.262.7197, or toll-free

1.800.239.

www.vocalonline.org.contacts.htm

Alabama Coalition Against Domestic Violence

P. O. Box 4762

Montgomery, AL 36101

334.832.4842

www.acadv.org

Mothers Against Drunk Driving (MADD)

P. O. Box 241474

Montgomery, AL 36124-1474

334.277.8080

Alabama Network of Children=s Advocacy Centers

P. O. Box 2167

Montgomery, AL 36102-2167

251.834.3468

Fax 334.834.3469

Alabama Coalition Against Rape

P. O. Box 4091

Montgomery, AL 36104

www.acar.org

National Domestic Violence Hotline

1.800.799.SAFE (7233)

You may also call your local District Attorney=s Office or the Attorney General=s Office of Victim Assistance for help. For a complete listing of District Attorney=s Victim Service Officers (VSO=s), visit http://www.ago.state.al.us/victim_vso.cfm or call the Attorney General=s Office of Victim Assistance toll-free at 1.800.626.7676. You may also find local resources in your telephone directory in the Social Services section.

Alabama Attorney General=s Office of Victim Assistance

Crime Victim=s Brochure, Updated 2003

1.800.626.7676

Domestic Violence is a Crime.

You Have a Right to Protection!

YOUR LEGAL RIGHT TO PROTECTION -

Your Guide to Obtaining a Protection from Abuse Order

Are you being harassed, abused, or threatened by your partner or former partner?

Physical abuse and threats by your partner or former partner are crimes. You have a legal right to protection. A Protection from Abuse Order (PFA) is one way to provide legal protection from abusive relationships.

Are you a victim of domestic violence? Does your partner or someone else close to you:

‘ Hit you?

‘ Push you?

‘ Threaten you?

‘ Hurt you?

‘ Damage your property?

‘ Hurt your pets?

No one has a right to abuse you.

A Protection from Abuse Order (PFA) provides legal protection by someone who is being abused or threatened by an intimate partner, or former partner. If you believe you may be in immediate danger or need assistance, call the Alabama Domestic Violence crisis line at 1.800.650.6522.

Help is available 24 hours a day, 7 days a week.

The following is general information about PFA Orders. The Alabama Coalition Against Domestic Violence provides this information as a service and does not assume legal liability for its content. (This information is not intended to provide or substitute for legal advice.)

FREQUENTLY ASKED QUESTIONS ABOUT PROTECTION FROM ABUSE ORDERS

What is a Protection from Abuse Order (PFA)?

The Protection from Abuse Order is a court order that grants certain legal rights to one person while placing limitations or restrictions on another. It can also order someone to perform certain actions and provides legal recourse if the order is violated.

What can the PFA Order do?

The judge can grant you:

‘ Temporary custody of the children

‘ Temporary financial support

‘ Temporary possession of property, such as the house or car

The judge can prohibit the abuser from:

‘ Abuse

‘ Threats

‘ Harassment

‘ Telephone calls

‘ Any contact with you or the children

‘ Destroying property

The judge also can order the abuser to:

‘ Stay away from you

‘ Stay away from your home, work, school

‘ Pay child support

Who can get one?

‘ Married, regardless of living arrangements

‘ Divorced or separated

‘ Common-law or former common-law spouse

‘ Have a child in common

‘ Present or former household member

‘ Parent or child of the abuser

Why would I want a PFA?

‘ A PFA may be granted in a speedy manner

‘ The abuser may be arrested if he violates the order

‘ The rights or protection granted to you may be greater than what you can get in other types of legal actions

‘ You can seek the order without an attorney

‘ Most orders may be enforced in other states

‘ You do not have to prove you are a resident to obtain a PFA

Do I have to file for divorce or get a warrant first?

No. You do not have to file for a divorce, be divorced, or get a warrant against your abuser to petition for a PFA order.

I=m getting a divorce. Can I still get a PFA?

Yes. A PFA order is remedy for protection. A PFA petition can be filed and attached to your pending civil action, such as divorce, without paying another filing fee. If you have an attorney, you should discuss this option first.

How do I apply?

To apply for a PFA order, you must file a petition (application) which can be obtained from the circuit court clerk in your county, usually located at the county courthouse. In some counties, you may be required to go to family court or domestic relations court. You must complete the petition form and you may be required to see a judge to explain why you need a PFA order. Your local shelter program can provide you with information and assistance in applying for a PFA order. To contact your local shelter, call Alabama=s toll-free crisis line number.

What questions will I need to answer?

The PFA petition includes several questions about you and the abuse that occurred. Be as specific as possible about the abuse and threats, including stating what the abuser has said to you, describing your injuries and any destroyed property. If your abuser owns a weapon and has threatened to use it, include this information on your petition.

What specific information will I need?

‘ A current address and phone number for the abuser and, if possible, a work address and phone number

‘ The date and place of your marriage, divorce, or separation if you are the spouse of the abuser

‘ A copy of any other current court cases or orders involving you and the person who has committed the abuse

‘ Copies of police reports on recent domestic violence incidences with your abuser

What if I don=t have this information?

You may bring what you have and seek protection anyway.

How can I keep my address secret?

You can request that the court order the omission or deletion of your address on any information that goes to the defendant (the abuser).

Do I need a lawyer?

No. The PFA can be filed without a lawyer (pro se). You may file without any assistance but if you can obtain legal assistance, it is usually advisable to do so.

What if I want a lawyer?

You may contact your local Legal Services office to see if you qualify for assistance or request a list of Alabama attorneys who specialize in domestic law from the Alabama State Bar at 1.800.392.5660.

What does it cost?

There is a filing fee for the PFA petition that varies depending on the county. If you cannot pay the fee, you can complete an AAffidavit of Substantial Hardship@ indicating need, which may allow you to file without the fee, or to pay after the PFA order is signed. The forms are available from the Circuit Clerk.

What if I am in danger? Can I try to get a protection order right away?

Yes. You can request an ex parte (emergency) order from the court. If you need immediate protection, fill out the ex parte section and tell the clerk. The judge will be alerted to your request and review it before the hearing is set. AEx parte@ means the judge considers your request without notifying or hearing from the abuser. You should also consider whether you should seek shelter while going through this process.

What can the ex parte (emergency) PFA order do?

The judge can order the abuser to:

‘ Stop threatening or committing acts of abuse

‘ Stay away from you and your children at home, work, and school

‘ Not interfere with your custody of the children

‘ Leave the family home

‘ Not destroy, sell, or conceal joint property

Will I automatically get an emergency PFA?

No. It is usually up to the judge hearing your petition to determine whether to grant you an emergency PFA order. It is important to provide detail to explain to the judge the danger you are in. Give examples of the abusive acts in your petition.

What if the judge denies my request for emergency protection?

You can continue seeking the PFA order through the court hearing.

How long does the emergency PFA order last?

The ex parte order lasts until your court hearing, which should be held within 14 days or as otherwise ordered by the judge.

What happens at the court hearing?

You will be asked to testify in court about the abuse and harassment you have experienced. The abuser will also be allowed to attend and testify. If you have an emergency PFA, it expires the day of your hearing. If the abuser does not attend, your PFA may be granted or another court hearing may be set. If the judge does not extend the protection order, you may request one before leaving the hearing, or as soon as possible afterwards. It is usually advantageous to have an attorney for this hearing especially if you believe the abuser will have an attorney present for the hearing.

Will I be safe in court?

If you believe you will not be safe entering or leaving the court, you should notify the court or law enforcement agency before the hearing. Consider arriving in the courtroom early and contacting the bailiff or other court staff about your safety. Consider going with a court advocate from the local shelter program, or a friend, or family member and driving a car the abuser is unfamiliar with.

What do I need to tell the judge?

You should consider giving the following information if it is relevant. All evidence, including your testimony, may be considered by the judge but, remember, the rules of the court may not allow some information:

‘ Your statement about abuse

‘ Police/sheriff reports (certified, if possible)

‘ Tape recorded messages or threats

‘ Pictures of damage to your house or property

‘ Descriptions of weapons used

‘ Medical reports of your injuries (certified, if possible)

‘ Witnesses who have seen or heard the abuse

‘ Dates and times of incidents, a written journal

‘ Torn clothing or other items

‘ Descriptions of injuries or threats to children

‘ Descriptions of injuries or threats of injury to pets

What does a permanent PFA provide?

The PFA generally lasts one year from the date it is signed by the judge unless otherwise specified. You can apply for an extension. The permanent PFA can include all the provisions of the ex parte (or emergency) order and also can order your abuser to:

‘ Pay attorney=s fees and court costs

‘ Supervised or unsupervised child visitation, if appropriate

‘ Give up possession of the family home

‘ Provide temporary support for you and the children, if appropriate

‘ Provide a car for your transportation if he has more than one

What if I leave town?

Most PFA orders can be enforced throughout the state and the U.S. If you move to another location within the state, provide certified copies of the order to local sheriff and police where you have moved. If you move out of the state, notify the court and law enforcement agencies in your new community also.

IT IS VERY IMPORTANT TO CARRY YOUR PROTECTION ORDER WITH YOU AT ALL TIMES.

MAKE SEVERAL COPIES.

MAKE SURE YOUR LOCAL LAW ENFORCEMENT AGENCIES HAVE A COPY.

LEAVE OTHER COPIES IN YOUR CAR, AT WORK, SCHOOL, WITH FRIENDS AND FAMILY.

What should I do if my abuser violates my PFA order?

You may call the police. Show them your protection order and tell them what happened. Under certain conditions, they can arrest the abuser for violating the protection order. If an arrest is not made on the scene, you may also apply for a warrant for the abuser=s arrest for violating the PFA order. You may also report the violation to the court that issued the order. Keep a journal of all violations, documenting them with names of witnesses, dates, and incidents.

Will my abuser go to jail?

Your abuser can be arrested and charged with violating a PFA order. He may also be found in contempt of court and fined. Violation of a PFA order is a Class A misdemeanor that carries with it a fine and possible jail sentence, as determined by the judge. If other criminal acts are committed in addition to violating the order, that may also be punishable as provided by law. Penalties may increase for second or subsequent offenses. Call the Domestic Violence crisis line for more information.

How long will my abuser be locked up?

Your abuser can be arrested but may be able to post bond. He may not stay in jail overnight. It is important that you have a safe place to stay, if necessary.

Does he have to physically abuse me to be arrested?

No. He can be arrested for doing, or failing to do, anything that the PFA order specifies. Most PFA orders prohibit the abuser from any contact with you. He can be arrested for calling you, following you, or coming to the home, work, or school.

Will a PFA protect my safety?

Be aware that a PFA order does NOT guarantee your safety. It is important to work out a safety plan for you and your children. Your local shelter program can help.

The Alabama Coalition Against Domestic Violence provides this information as a service and does not assume legal liability for its content. This information is not intended to provide or substitute for legal advice.

The Alabama Coalition Against Violence is a nonprofit organization dedicated to working toward a peaceful society where domestic violence no longer exists. The Coalition serves victims of domestic violence and their children through its 18-member shelter programs and 24 hour domestic violence crisis line. ACADV also serves victims through training, educational outreach, and public policy work.

Alabama Coalition Against Domestic Violence

P. O. Box 4762

Montgomery, AL 36103

334.832.4842

www.acadv.org

Funding for this publication paid by the Alabama Department of Human Resources.

^{^[1]} Amendment No. 557, Constitution of Alabama, 1901 (ratified January 6, 1995). See also, ALA. CODE 15-23-60 et seq. (1975).

^{^[2]} Code of Alabama (1975), Section 15-23-62

^{^[3]} Code of Alabama 15-18-65 et seq. and 15-23-1 et seq.