Events

 

January

National Human Trafficking and Slavery Month

  

February

Teen Dating Violence Awareness Month 

 

March

 

April

10th -16th National Crime Victims’ Rights Week   2016 NCVRW Tile Ad 1 120x240dark                                                                                                                                                                         

National Child Abuse Prevention Month

Sexual Assault Awareness Month (April 27, 2016- Wear Denim Day)

 

May

 

June

June 15th-   Annual World Elder Abuse Awareness Day                                                        

 

 July

 

August

 

September

  

October

Domestic Violence Awareness Month

 

 

November

 

December

National Drunk and Drugged Driving Prevention Month

 

 

Outreach and Public Awareness Program

The Victim-Witness Assistance Program can provide speakers for community groups interested in information about the program or about the rights and responsibilities of victims and witnesses.

To schedule a presentation, please call (530) 527-4296

 Outreach photo

 

 

Domestic Violence

What Is Domestic Violence? Under California Penal Code Section 13700, "domestic violence" means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship (California Penal Code 13700(b)). "Abuse" means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another (California Penal Code 13700(a),. Domestic violence affects people of all ages, ethnicities, cultures, religions, sexual orientations, educational backgrounds, and income levels.

What do I do if I am a victim of Domestic Violence? Most important is your safety and that of your family. Contact your local law enforcement agency and file a report. Law enforcement will assist in securing your safety which may involve removing the abuser from the home. If he/she is not in custody, they may recommend that you stay with a family member, go to shelter or obtain temporary lodging. We make referrals to Tehama County shelters.

What happens after I call law enforcement? After law enforcement finishes their report, it is submitted to the District Attorney’s Office for charging where the assigned attorney will determine if there is sufficient evidence to file criminal charges.

 

What types of Restraining Orders are available?

There are three types of Orders:

1. Emergency Protective Order (EPO)

An emergency protective order is issued by a judge at the request of a law enforcement officer when circumstances present a possibility of imminent and immediate danger to a victim. These orders are temporary orders issued by the reporting police agency at the scene of the crime. An emergency protective order expires at the earlier of the following times: a) The close of judicial business on the fifth court day following the day of its issuance or (b) The seventh calendar day following the day of its issuance (California Family Code Section 6256).

2. Criminal Protective Order (CPO)

A CPO is issued in a criminal case to protect someone (the “Protected Person”) from a Defendant. The criminal case is initiated by the District Attorney’s Office. A CPO may require the Defendant to stay away from and have no contact with the Protected Person, or it may require that if there is any contact, such contact be peaceful in every way. The expiration date is listed on the CPO. CPOs can only be modified by a judge.

The court is required to consider issuing a protective order in every criminal domestic violence case. Pen C §136.2(e)(1). A court must have jurisdiction over a criminal matter in order to issue the protective order. The order may be issued on a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur. Pen C §136.2(a). An initial CPO is in effect for 3 years or while the case is pending.

For orders under Penal Code sections 273.5(i) and 646.9(k), once the case resolves, the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years as determined by the court regardless of whether a defendant goes to jail or state prison.

3. Civil Restraining Order

There are different types of restraining orders issued to protect one or more individuals from another person. These restraining orders are issued in Civil Court as part of a legal action initiated by the person seeking protection. The District Attorney is not involved. These Restraining Orders may include stay-away orders, no contact, or peaceful contact orders and can only be modified by a judge. The following agencies may be able to assess your needs and let you know what options are most appropriate to your situation. These agencies include: Alternatives to Violence (530) 528-0226 and the Self Help Assistance and Referral Program (530) 527-8649.

A restraining order will protect you legally but cannot guarantee your safety. It is important that you have outlined a safety plan.

Link to Safety Plan Information

National Center on Domestic and Sexual Violence Safety Plan 

 

Links to Online Information

Alternatives to Violence 

California Courts Domestic Violence and Civil Restraining Order Information

DomesticViolence.org 

The National Domestic Violence Hotline

The No More Project 

National Center on Domestic and Sexual Violence 

 

Elder and Dependent Adult Abuse

What is Elder Abuse? Elder abuse is defined as the unlawful physical or psychological mistreatment of a senior, which can include taking financial advantage of a senior as well as actual neglect or physical mistreatment. Each of these crimes is punishable by imprisonment (California Penal Code 368).

What can you do? Learn to recognize the signs and symptoms of elder abuse. Tell someone and help stop the cycle. These crimes can be committed in the following ways:

  • PHYSICAL / SEXUAL ABUSE: Any physical pain or injury committed against an elder. ALL sexual acts committed without consent or ability to give consent.
  • NEGLECT: Failure of a caregiver to provide, clothing, shelter, assistance with hygiene and protection from dehydration, malnutrition and health and safety.
  • EMOTIONAL ABUSE: Fear, confusion or depression brought about by threats, intimidation or deception.
  • ABANDONMENT: Desertion of an elder or dependent person by someone changed with his or her care.
  • FINANCIAL ABUSE: Any theft of an elder’s money or property; may include wrongful use of legal documents such as power of attorney (POA).

Possible indicators of physical abuse or neglect:

 

  • Cuts, bruises, burns, or rope marks
  • Poor hygiene, rashes, sores, sudden weight loss
  • Soiled clothing, missing eyeglasses, dentures or hearing aids
  • Fear, anxiety, isolation, personality changes

Possible indicators of financial abuse:

  • Sudden withdrawals of closing of bank accounts.
  • Sudden involvement of previously uninvolved relative or a new friend.
  • Unexplained changes to will, power of attorney or other legal documents.
  • Financial transactions involving the elder’s money or property where the elder does little speaking or appears confused or passive.
  • Reluctance to discuss finances or lack of knowledge of finances.

Report abuse to local Law Enforcement or Adult Protective Services.

 

What types of Restraining Orders are available?

There are three types of Orders:

1. Emergency Protective Order (EPO)

An emergency protective order is issued by a judge at the request of a law enforcement officer when circumstances present a possibility of imminent and immediate danger to a victim. These orders are temporary orders issued by the reporting police agency at the scene of the crime. An emergency protective order expires at the earlier of the following times: (a) The close of judicial business on the fifth court day following the day of its issuance or (b) The seventh calendar day following the day of its issuance (California Family Code Section 6256).

2. Criminal Protective Order (CPO)

A CPO is issued in a criminal case to protect someone (the “Protected Person”) from a Defendant. The criminal case is initiated by the District Attorney’s Office. A CPO may require the Defendant to stay away from and have no contact with the Protected Person, or it may require that if there is any contact, such contact be peaceful in every way. The expiration date is listed on the CPO. CPOs can only be modified by a judge.

The court is required to consider issuing a protective order in every criminal domestic violence case. Pen C §136.2(e)(1). A court must have jurisdiction over a criminal matter in order to issue the protective order. The order may be issued on a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur. Pen C §136.2(a). An initial CPO is in effect for 3 years or while the case is pending.

For orders under Penal Code sections 273.5(i) and 646.9(k), once the case resolves, the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years as determined by the court regardless of whether a defendant goes to jail or state prison.

3. Civil Restraining Order

There are different types of restraining orders issued to protect one or more individuals from another person. These restraining orders are issued in Civil Court as part of a legal action initiated by the person seeking protection. The District Attorney is not involved. These Restraining Orders may include stay-away orders, no contact, or peaceful contact orders and can only be modified by a judge. The following agencies may be able to assess your needs and let you know what options are most appropriate to your situation. These agencies include: Alternatives to Violence (530) 528-0226 and the Self Help Assistance and Referral Program (530) 527-8649.

 

 

elder abuse

Links to Online Information

Adult Protective Services 

National Clearinghouse on Abuse in Later Life

UC Irvine Center of Excellence on Elder Abuse & Neglect 

State of California, Office of the Attorney General 

National Association of Sate Long-Term Care Ombudsman Programs 

Consumer Financial Protection Bureau Office for Older Americans

Western Union Consumer Protection

Eldercare Locator 

 

FAQ for Witnesses in English

The law requires that all victims and witnesses be treated with dignity, respect, courtesy and sensitivity. The rights of victims and witnesses are to be honored and protected.

What should I do if I receive a subpoena? A subpoena is a court order. When you receive a subpoena you must go to court on the date and at the time shown on the subpoena. You may ask to be placed “on call,” which means you do not have to appear in court at the time noted on the subpoena, but you agree to come to court within a specific amount of time after being contacted. Failure to appear could result in a warrant for your arrest. For more information regarding “on call” status, please contact the witness coordinator at the phone number on your subpoena.

What should I know before I go to court? Leave your home early enough to allow enough time for travel, traffic, parking, court security screening and elevators.

Everyone entering a courthouse must go through the court security screening. The following items are not allowed in courthouses: guns, knives, glass containers (such as juice bottles), metal utensils, scissors, nail clippers, metal knitting needles, weapons or any other sharp objects.

What should I wear? Business casual clothing is suggested. Do not wear shorts, tank tops, clothing that shows your stomach, beachwear, flip flops or clothing with inappropriate words or signs. Do not wear buttons or carry signs having to do with the case without discussing it first with the prosecutor.

How should I conduct myself at the courthouse? To make sure that nothing you do has a negative impact on the case:

  • Never attempt to talk to or communicate with anyone who has a “Juror” badge.
  • Do not talk about the case within hearing distance of a juror.
  • Turn off cell phones and other electronic devices while in the courtroom.
  • Leave drinks, food and gum outside the courtroom.
  • Smoking is not permitted in any courthouse.
  • While in the courtroom, never attempt to talk to or communicate with a defendant.
  • Wait until the jury exits before leaving the courtroom unless otherwise directed.

What should I do if I have safety concerns? Intimidating or harassing a victim or witness is a crime. If this has happened, contact your local law enforcement. If you have concerns about your safety while in court, notify the Sheriff’s Department in the courthouse or the bailiff in the courtroom as well as the prosecutor or victim advocate.

What if I am contacted by someone other than a prosecutor or the police for an interview or to give a statement? Anyone contacting you about the case should clearly identify themselves and their role in the criminal justice system (e.g., a representative of the District Attorney’s Office, the law enforcement agency or the defendant). Be truthful whenever speaking to anyone about the case. Victims and witnesses have a right to refuse to talk to anyone, including the defendant, his or her attorney or anyone acting on his or her behalf. Victims and witnesses also can set reasonable limits on any conversation they have with anyone seeking to interview or obtain a statement from them, including a defendant or a representative of a defendant.

It is best not to discuss the facts of the case with any other witnesses, even if they are friends and family members.

What happens when I testify in court? Every witness must take an oath to tell the truth. When any witness testifies, both sides will ask questions. Attorneys may ask about prior statements you made to police, statements by other witnesses, records they have obtained, reports in the media, any emails or texts you may have written, or information on Facebook or other social media sources. The following are guidelines for testifying in court:

• Be truthful. Do not exaggerate your testimony.

• If you do not understand a question, ask that it be repeated or explained.

• Answer the question asked. Do not volunteer additional information.

• Do not guess.

• If an attorney objects to a question asked by another attorney, wait until the judge tells you whether to answer the question.

• Try to avoid distracting mannerisms such as yawning, nail biting, laughing, or facial expressions like eye rolling.

• Never answer a question when you are angry. It may diminish the impact of your testimony.

What if my boss doesn't want me to come to court? It is against the law for an employer to fire or harass an employee who takes time off from work to go to court because of a subpoena. Please contact the Victim/Witness Assistance Center if there is an issue.

What if I need a special accommodation? Witnesses who need an ALS, TDD/TTY or who have mobility issues should advise the witness assistant at the contact number listed on the subpoena.

As a victim, am I eligible for compensation? Victims of crimes of violence may be eligible to receive compensation for their crime-related losses. Victim advocates with the Victim-Witness Assistance Program can explain this program more fully and assist you in applying for this program if you are eligible.

What if I want to file a lawsuit? Anyone who has had monetary or property loss because of the criminal act of another has the right to file a civil suit to attempt to recover those losses, regardless of whether a criminal case was filed or the outcome of the criminal case. In a civil case, one person sues another and the state is not involved. Prosecutors cannot give legal advice to witnesses on filing a civil lawsuit, nor can they represent them. If you are considering filing a civil lawsuit, you should contact a civil attorney as soon as possible.