california’s criminal, civil, and family law systems...family law cases. family law is like civil...

California’s Criminal, Civil,and Family Law Systems

A GeneralOverview

Victims of Crime Resource CenterCall or text: 1-800-VICTIMS (842-8467)

TTY: 916-739-7083www.1800VICTIMS.org

[email protected]

https://1800victims.org/mailto:1800VICTIMS%40pacific.edu?subject=

Victims of Crime Resource Center

About UsThe Victims of Crime Resource Center is located on the University of the Pacific McGeorge School of Law campus in Sacramento, California. We educate victims and their families, victim service providers and other victim advocates on:

Victims’ legal rights

Victims’ compensation

Restitution

Civil suits

Additional rights of domestic violence and abuse victims(including elders, children, and people with disabilities)

We also offer:

Technical assistance and legal research to victimservice providers

Free “Know Your Rights” presentations to community groups.

We operate the 1-800-VICTIMS (842-8467) – the statewide, toll-free hotline that gives information and referrals to victims, their families, victim service providers, and victim advocates. The confidential hotline is staffed by McGeorge law students and supervised by lawyers.

Call us at 1-800-VICTIMS (842-8467). We are here to guide you and answer your questions. Our services are free.

Table of ContentsPart 1California’s Criminal Justice System ........................................... 1

Part 2California’s Civil Justice System................................................. 5

Part 3Family Law Cases................................................................... 8

1 l Victims of Crime Resource Center Victims of Crime Resource Center l 2

Part 1California’s Criminal Justice System

California’s Criminal Justice System

After a CrimeIf you are a victim of a crime, the legal process starts when the crime is reported. Next, law enforcement:

Investigates the scene and collects evidence,

May arrest the person they believe committed the crime (theperpetrator), and

Sends their reports and evidence to the District Attorney’s (DA’s)office.

The District Attorney may file chargesIf the DA decides there is enough evidence to charge the perpetrator with a crime, they will file a written Complaint in the local Superior Court.

The District Attorney is California’s lawyer For criminal cases, the local DA’s office represents the people of the State of California and holds offenders responsible for their crimes. For example, if a man with the last name “Jones” commits a crime, the DA’s office may charge Mr. Jones for his crimes. The DA’s Complaint will say “People v. Jones.” The Complaint will list:

The name of the perpetrator (the Defendant),

The crime(s) the Defendant is charged with, and

When and where the crime(s) took place.

Important! The DA represents the State of California, NOT the victim. You cannot make the DA file certain charges, drop charges, or offer a certain plea deal. The DA decides how to handle the case.

The Defendant may hire a criminal defense lawyer. If the Defendant cannot afford a lawyer, the court may appoint a public defender.


Victims Have RightsEvery crime victim has 17 constitutional rights (known as Marsy’s Law Rights), including the right to:

Be informed about the case;

Go to all court hearings; and

Tell the court how the crime has impacted his or her life.

For more information about these rights, contact us at 1-800-VICTIMS (842-8467) or visit our website atwww.1800victims.org.

Support for VictimsEach county has a Victim Witness Assistance Center (VWAC). The VWAC has Victim Advocates that can:

Help you communicate with the DA,

Go with you to court, if you want support, and

Keep you up-to-date on your case.

RestitutionIf the court finds the Defendant guilty, the court may sentence the Defendant to probation, jail, or prison. If a victim had financial losses because of the crime, the judge must order restitution. That means the convicted criminal must pay you for losses, such as property damage, medical expenses, and lost wages.

Restitution does NOT usually cover damages for pain or suffering. See limited exception in Calif. Penal Code § 288

California’s Constitution gives all victims a right to restitution for financial losses because of a crime. (Article I, section 28(b)).

Resources

Victim Witness Assistance CentersVictim Advocates at the VWAC help victims get services, assert their rights, and communicate with the DA. Each county has its own VWAC. To find the VWAC in your county, contact the Victims of Crime Resource Center.

Call: 1-800-VICTIMS (842-8467)

Visit: www.1800victims.org

California Department of Corrections and Rehabilitation (CDCR) Office of Victim & Survivor Rights and ServicesThis office helps victims get restitution, notification about custody or parole hearings, and write victim impact statements, which are statements given to a parole board explaining how the crime affected the victim and whether or not the offender should be released.

Call: 1-877-256-6877

Visit: www.cdcr.ca.gov

Victim Information and Notification Everyday – VINEVINE gives updated and reliable information 24-7 about your case and the defendant’s custody status. However, VINE may not be available in all counties and services may vary.

Call: 1-877-411-5588

Visit: www.vinelink.com

For more information about other resources, you can also contact the Victims of Crime Resource Center.

Call: 1-800-VICTIMS (842-8467)

https://1800victims.org/https://1800victims.org/http://www.cdcr.ca.govhttp://www.vinelink.com

Victims of Crime Resource Center l 6 5 l Victims of Crime Resource Center

Part 2California’s Civil Justice System

California’s Civil Justice SystemSome crime victims decide to personally sue the perpetrator to recover any damages from the crime. This kind of case takes place in civil court.

The civil process starts when the victim (Plaintiff) files papers at the courthouse. If the victim is named Ms. Williams and she sues the offender, who is named Mr. Jones, the court papers will say “Williams v. Jones.”

In a civil case between the victim (Plaintiff) and the perpetrator (Defendant), the victim asks the court to:

Hold the Defendant responsible for his or her actions, and

Order the Defendant to pay the victim directly for any damages,and/or

Order the Defendant to DO or NOT do something.

Hire a lawyerIf you decide to file a civil case, you may decide to hire a lawyer. The lawyer may:

Ask you to pay legal fees at the start of the case, or

Agree to be paid a “contingency fee.” This means you pay thelawyer at the end of the case, but only if you win. If you lose,you pay the lawyer little or nothing.

The victim has a central roleIn a civil case, you say how the case should move forward, and what kind of result you are willing to settle for. If you win the case, the judge can order the Defendant to:

Pay money damages, including for pain and suffering,

Return or provide any items in dispute, and

Follow specific orders to DO or NOT do something (calledinjunctions).


Resources

State Bar of California Lawyer Referral ServiceThis service helps victims find a lawyer. There may be a fee for the referral.

Call: 866-442-2529

Public Law LibrariesMany counties in California have Public Law Libraries. Law Libraries provide great resources to learn more about laws in California.

For help finding a law library in your area, contact us at 1-800-VICTIMS (842-8467).

Part 3Family Law Cases


Family Law CasesFamily law is like civil law, when two people argue against each other, and the court considers all the evidence then makes a decision. But in family law cases, the two people are more closely related. They may be relatives, have been married, or previously dated.

Either person may hire a lawyer, or they can represent themselves (called in pro per).

TIP: If you hire a lawyer, ask the lawyer up front about the fees and what they do and do NOT cover.

Family law cases take place in the Family Services Division of the local Superior Court.

Family law cases include:

Divorce The court can make orders about:

child custody,

child support,

spousal support, and

how to divide property.

Child Custody and Support The court can decide:

How much time a child spends with each parent, and

If one parent must make payments to the other for costsneeded to raise the child (Child Support).

Domestic Violence Restraining Order The court can make many kinds of orders if there is domestic violence. For example, the court could order an abusive ex-partner or family member to

Move out,

Stay away from the victim,

Not contact the victim, and/or

Compensate the victim for certain damages related to theabuse.

Adoption The court can approve an adoption. That means the adoptive parent and child would have the same legal rights as a biological parent and child.

Emancipation The court can approve a request from a child (under 18) to be emancipated. If the court approves, the child will be considered an adult. He or she can then sign contracts, get married, make medical decisions, or sign up for college or the armed forces.

Victims of Crime Resource Center l 12 11 l Victims of Crime Resource Center

Resources

Family Justice Centers Some counties have Family Justice Centers, which can provide information and help with family law cases. Services vary. For more information, contact the Victims of Crime Resource Center. Call us at: 1-800-VICTIMS (842-8467)

Self-Help Centers Family Law court forms can be found at the Self-Help Center or by contacting the Family Law Facilitator in your local county court.

Public Law Libraries Many counties in California have Public Law Libraries. Law Libraries provide great resources to learn more about laws in California.

For help finding a law library in your area, contact us at 1-800-VICTIMS (842-8467).

Other VCRC Publications

Available through the Victims of Crime Resource Center

Bullying and Cyberbullying

A Guide to Victims Services

Help for Victims of Crime in California

Help for Victims with Disabilities

Help for Victims of Domestic Violence

Help for Victims of Elder Abuse

Help for Victims of Human Trafficking

A Victim’s Guide to Restitution

Victims’ Rights in CA—Marsy’s Law

To order free materials, contact us at:

1-800-VICTIMS (842-8467)

TTY: 1-916-739-7083

www.1800VICTIMS.org

[email protected]

This publication was supported by Grant No. 2018-V2-GX-0029 awarded

by the Office for Victims of Crime, U.S. Department of Justice through

the California Governor’s Office of Emergency Services (Cal OES). The

opinions, findings, conclusions, and recommendations expressed in this

publication are those of the author(s) and not necessarily those of

Cal OES or U.S. Department of Justice.

Plain Language (7/2020)

https://1800victims.org/mailto:1800VICTIMS%40pacific.edu?subject=

Part 1 California’s Criminal Justice System 1Part 1

Part 2 California’s Civil Justice System 5 Part 2

Part 3 Family Law Cases 8Part 3

california’s criminal, civil, and family law systems...family law cases. family law is like civil...

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