Programs & Services

Domestic Violence Victims Rights

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Domestic Violence Victim Rights Information

If a member of your family has caused you or your child(ren) physical harm, you have the right to tell a police officer that you want the person arrested or, based on probable cause, the officer may make an arrest on your behalf. You have the right to sign a complaint against the person who hurt you and/or your child(ren). Your complaint will allow the officer to make an arrest even though the officer did not see the assault take place.

If you or an officer file charges against the offender, you will be called into court to testify. You do not have to hire a lawyer - the prosecuting attorney will represent you in court.

You will be informed, within a reasonable time, of the offender’s arrest and pre-trial release from custody should sufficient bail be posted for the offender’s release. You have the right to call the police at any time for disposition information and you may call the police or prosecuting attorney if you are being threatened or harassed after the offender’s release.

The police recommend that you seek appropriate medical care and counseling for your safety and well-being.

As a victim of domestic abuse, you are entitled to compensation for economic and other losses under the Ohio Attorney General’s Assistance to Victims of Crime Program.To apply for an award of reparation, please call the Victim Compensation Hotline, Genesis House, or the Lorain County Prosecutor's office (440) 244-6261 (county switchboard).

The police will assist you if you require transportation to a safe place like a friend’s home or a shelter for victims of domestic abuse. The police will call an ambulance if you require medical attention. The police will assist in any way to maintain the peace while investigating this incident.

You have the right to file a motion for a temporary protection order after you have filed a domestic violence complaint. The law provides for a hearing during the next scheduled session of court after the filing of the motion.

In order for a judge to issue a protection order, you will have to appear at this hearing to inform the court of your reasons for wanting the order. The order should contain guidelines that will help protect you and your family. The police will be able to enforce this order. Temporary Protection Orders are valid until the criminal case is completed or when you are issued a Civil Protection Order from the Lorain County Domestic Relations Court.

You may also file for a Civil Protection Order through the County Domestic Relations Court. If granted, the order may be granted for five years. The Civil Protection Order can order the offender to not abuse you and/or your family, grant possession of a vehicle, home or other personal property, award temporary custody of minor children and require support for the family. It may be necessary for you to contact an attorney or legal aid to initiate this order. Your Victim Advocate can also help you obtain this order.

If you do not file charges upon arrival of police, you may file charges with the prosecuting attorney without paying any money to the police, prosecutor, or the court. If, upon arrival of the police, a police officer does not file a criminal charge on your behalf, the officer will advise you on the reasons of why an arrest was not made. The prosecutor or victim advocate will notify you orally or in writing of the status of this case. Before legal action is taken, the prosecutor will discuss with you the following: granting a pre-trial diversion; amending or dismissing the charge; agreeing to a negotiated plea or taking the case before a judge or jury. Also, the prosecutor will provide you with a brief explanation of the procedures involved with criminal prosecution; a brief statement of your right to be present during all hearings; procedures you may take if threatened or intimidated; and upon your request, notify you of any changes in the court proceedings or schedules.

All seized property will be safely held by police until it is no longer needed as evidence.

Safety Plan Development

1. Hide these items for easy access:

• Cash - as much as possible.
• Extra car/house keys.
• Sentimental valuables.
• Copies of important documents ..marriage license, birth certificates, etc.
• Extra clothing for you and your children.
• Copies of important numbers: bank accounts, insurance policies, prescriptions, credit cards, phone numbers, etc.

2. Have a destination in mind.

3. Tell a trusted friend.

4. Call Genesis House at 440.244.1853 or 440.323.3400 for help.

Lorain County Safe Harbor / Genesis House

Crisis intervention for victims of domestic violence providing support, shelter, counseling, and information.

Genesis House
Located in a confidential location, this facility offers shelter, safety, food, advocacy, counseling and education.

Support Groups
Counseling is available to women and children - both at the shelter and throughout the community.

Legal Advocacy
Support and legal advocacy for victims of domestic violence in the community or in the shelter. Lorain County Safety Harbor/Genesis House also offers community outreach, hospital support staff, after care and volunteer opportunities.

Domestic Violence Facts

• A woman is battered every 15 seconds.
• Drugs & alcohol do not cause battering.
• Domestic violence is a crime. It is the single leading cause of injury to women - more than rape, auto accidents, and muggings combined.
• Battery can result in miscarriage, premature labor, & children born with birth defects.
• Domestic Violence occurs among all races, economic levels, religions and sexual preferences.
• Battery only escalates - becoming more frequent and violent over time, often resulting in serious injury or death.

Important Telephone Numbers