Victim Witness Assistance Program

District Attorney's Office
Griffin Judicial Circuit
Scott Ballard, D.A.

Victim Witness Assistance Program

Michelle Ivey, Director, Fayetteville: 770.716.4250
Karen Raines, Advocate, Thomaston: 706.647.4042 Ext. 223
Tonya Silver, Advocate, Griffin: 770.467.4325

If you are in immediate danger, dial 911

Public Speaking/Crime Prevention Programs: Our District Attorney and the Staff of the Victim Witness Assistance Program are available to speak or sponsor crime prevention programs throughout our communities.

Crime Victims Compensation Program

The State of Georgia has established a fund to assist victims of violent crime with crime related expenses. This program can help compensate victims for medical bills, counseling expenses, lost wages, funeral expenses and other various costs. However, this program is considered a ‘payer of last resort’’- which means that the victim must exhaust all other forms of compensation (insurance, etc.) before applying for compensation under the Crime Victims Compensation Program.

Who is eligible for Compensation ?

Victims who have been physically injured in a violent crime including but not limited to victims of:

assault/battery
homicide
sexual assault (adult & child)
child abuse
domestic/family violence
DUI crashes (injury/death)
Person incurring eligible Expense due to crime

Who is not eligible for Compensation ?

Victims of property crimes
Victims who consent to, provoke, or incite the crime committed against them
Victims who were participating in a criminal act
Victims who do not report the crime to law enforcement officials within 72 hours

Please refer to the following documents for further information regarding eligibility requirements and limitations of the Georgia Crime Victims Compensation Program:

Governor’s Office of Crime Victims Compensation Informational Brochure

Crime Victims Compensation Application

If you have further questions regarding the Georgia Crime Victims Compensation Program, please call the Criminal Justice Coordinating Council at 404/559.4949 or the Griffin Judicial Circuit Victim Witness Assistance Program. Telephone numbers for our program contacts are:

Fayette 770.716.4248
Spalding 770.467.4325
Pike/Upson 706.647.4042 Ext. 223

Top

Crime Victim Impact Statement

This form is a tool used by the Prosecutor, Judge and Parole Board to better understand how a certain crime has affected the victim. Victim Impact Statements should be completed and returned to the Prosecutor’s Office as quickly as possible in an effort to gather information from the victim about the case.

If the defendant is convicted of or enters a plea of guilty to a charge and is sentenced to time to serve in the State Prison System, this form can be used to request early notification from the Parole Board regarding parole (early release from prison) decisions.

Most importantly, the Victim Impact Statement allows the victim the opportunity to voice opinions about the crime.

Georgia Victim Impact Statement

Top

Helpful Information for Working with Victims of Domestic Violence

What is Domestic Violence?

The Georgia Code defines Domestic Violence as any felony, battery, assault, stalking, criminal damage to property, unlawful restraint or criminal trespass between two past or present spouses, parents of the same child, parents & children, stepparents & stepchildren, foster parents & foster children, or other parents living and formerly living in the same household (O.C.G.A. 19-13-1).

Domestic Violence is any form of abuse to you and your children:

Physical Abuse can include slapping, punching, pushing, kicking, grabbing, choking, pinching, biting, pulling your hair, using weapons to hurt or threaten to hurt you….

Sexual Abuse can include forced sexual contact whether by physical force, coercion or threats, touching you in any way sexually without your consent, ignoring your No’s….

Psychological Abuse can include threats of any kind like to harm you, to harm the children, to destroy your personal things; keeping you away from your children, constantly monitoring your actions, putting you down, name calling, withholding money from you .

Domestic Violence in Georgia

In 1996

Georgia Family Violence Shelters provided services to a total of 22,682 adults & 14,120 children, including shelter for 3,728 adult victims & 4,395 children.

Over 52,000 calls were made to crisis lines.

About ¾ victim of domestic violence surveyed had one or more children under the age of 18.

64% of victims are married to the men that abuse them.

Domestic Violence Nationwide

A woman is physically abused every 9-15 seconds

26% of murdered women are killed by their husbands or boyfriends

30% of women in emergency rooms are there because of injuries caused by abuse

More babies are born with birth defects as a result of the mother’s being battered than from all the diseases for which we are immunize pregnant women

Medical expenses caused by domestic assault in the U.S. total at least $3-5
Billion annually

25% of men will use violence against a partner at sometime during the relationship

children are present during 80% of the assaults against their mothers

25% of domestic violence victims are pregnant at the time of the abuse

Every five years, the death toll of persons killed by relatives and acquaintances equals that of the entire Vietnam War

(from DHR & NCGLEA)

Top

Georgia Department of Corrections

The Georgia Department of Corrections is the agency responsible for housing inmates once they have been sentenced to time to serve in the State Prison System.

The Georgia Department of Corrections has an Office of Victim Services which provides the following services to victims of crime if the victim has made the appropriate request:

Notification of release of an inmate from prison when the maximum sentence has been served, if the inmate is being transferred to a transitional center, escapes and/or recaptures of the inmate, or death of the inmate while in custody;

Access to the V.I.N.E. (Victim Information and Notification Everyday) System – a system set up through the Georgia Department of Corrections to provide automated notification to requesting crime victims;

The opportunity to participate in Restorative Justice Programs such as “The Impact of Crime Upon Victims Program.” This curriculum is designed to educate inmates of the impact crime has on victims and incorporates the use of “Victim Impact Panels” – a panel made up of volunteer survivors of crime and share with inmates, in a secure setting, a first hand account of the devastating effects of crime.

Web site and address: http://www.dcor.state.ga.us/

Top

State Board of Pardons and Paroles

The Georgia State Board of Pardons and Paroles is the State agency tasked with the responsibility of reviewing Georgia Inmates to determine parole (early release) eligibility and for supervising such inmates if early release does occur.

The Georgia State Board of Pardons and Paroles has established an Office of Victim Advocacy to better assist crime victims in notification of early release and to obtain opinions from victims regarding such release considerations.

In order for a victim to be notified of early release considerations, the victim must first request to be notified. The request can occur via a hand-written letter or by completing a Victim Impact Statement and mailing either to the Georgia State Board of Pardons and Paroles.

Web site and address: http://www.pap.state.ga.us

Top

What Everyone Should Know about Temporary Protective Orders

A Temporary Protective Order is a legal document issued by a Court to help victims obtain protection from persons abusing, harassing, or stalking them. This order will generally state that one person is prohibited from having contact with another person and may even remove or restrict someone from a certain place or residence. This document is commonly referred to as a TPO.

By law (O.C.G.A. 19-13-14), a protective order can:

direct a party to refrain from family violence acts;
grant a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household;
require a party to provide suitable alternate housing for a spouse and his or her children;
award temporary custody of minor children and establish temporary visitation rights;
order the eviction of a party from the residence or household and order assistance in retrieving personal property of the victim if the respondent’s eviction has not been ordered;
order either party to make payments for the support of a spouse as required by law;
provide for possession of personal property of the parties;
order a party to refrain from harassing or interfering with the other;
award costs and attorney’s fees to either party; and
order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence.

Top

How to obtain a TPO

NOTE: By law, TPO’s shall be issued through the Superior Court. However, in some counties, the Superior Court Judges have given authority to issue TPO’s to the Magistrate acting as a Superior Court Judge under specific statutory authority.

There must be a recent act of physical violence.

The petition for TPO must be filed in the county of residence of the batterer unless the batterer lives out of state; then the TPO must be filed in the County where the abuse occurred.

The petition must be completed by the victim (or someone acting on behalf of the victim) - the victim does not need an attorney but may have one if so desired.

Once the petition is completed, someone from the Victim Witness Assistance Program will assist the petitioner in speaking with a Superior Court Judge. This hearing will be done ex-parte, meaning only with the petitioner and the judge.

The judge must take into consideration three specific areas before determining if a TPO should be issued:

1. Were the PARTIES involved covered under the Family Violence Act (O,C.G.A. 19-13-1): The parties involved must have one or more of the following relationships:

· past or present spouses
· persons who are parents of the same child
· parents and children
· stepparents and stepchildren
· foster parents and foster children
· persons living or formerly living in the same household

Note: Dating relationships where there has been no co-habitation generally will not qualify for a TPO.

When in doubt, the victim will be referred to the courts and the courts will make the decision as to whether or not the victim will qualify for a TPO.

2. Was the ACT committee covered under the Family Violence Act? The act committed must be one or more of the following criminal actions:

· Any felony
· Battery
· Simple battery
· Simple assault
· Assault
· Stalking
· Criminal Damage to property
· Unlawful restraint
· Criminal Trespass

3. Does this court have JURISDICTION in this matter?

Generally, the TPO should be filed in the county of residence of the batterer (defendant). However, if the defendant is a non-resident (lives out of state), but the victim lives in-state, the TPO may be filed in the county in which the act occurred. If the defendant lives in-state, the TPO should still be filed in defendant’s county of residence.

IF THE JUDGE FINDS THAT THE PARTY IS A DEFINED PARTY, THE ACT IS AN ACT OF FAMILY VIOLENCE, AND THIS COURT HAS JURISDICTION, THEN THE JUDGE CAN PROCEED WITH THE HEARING AND DETERMINE WHETHER OR NOT A TPO SHOULD BE ISSUED.

Top

Once the TPO has been issued, a clerk in the Office of Clerk of Superior Court will then assist the victim in the filing of the legal paperwork.

Once the paperwork has been filed as a Court document, the clerk will give the victim a copy of the order and then direct the victim to the Sheriff’s Office.

The Sheriff’s Office will document the TPO and serve the perpetrator with a copy of the order, which will include a date on which the perpetrator is to return to court.

Both the perpetrator and the victim will return to court within thirty days of the date of the originally issued TPO. At this hearing, the judge will determine whether or not the TPO should be extended. The judge will hear testimony from both the perpetrator and the victim at this hearing. Once this testimony is offered, the judge will decide whether or not to make the order effective for a period not to exceed six months. Testimony that the judge may take into consideration, if both parties are present include custody and visitation issues, financial issues, living arrangements, contact provisions, etc.

If the perpetrator does not show up to this hearing, the judge will proceed without him and if the victim wants, will extend the order.

If the victim does not appear for this hearing and the court has had no contact from her, the order will generally be dismissed.

Once the testimony is offered and the judge considers the statements, the TPO may be issued. This will be the final order. The plaintiff (victim) and the defendant (perpetrator) will be given a copy of this order while in court. The order will state the length of time for which the TPO is in effect.

If the batterer violates the provisions of the TPO, he/she can be held in contempt of court and possibly arrested.

Top

What happens if the Defendant violates the TPO ?

Under Georgia Law (O.C.G.A. 19-13-6), there are two consequences for violating the provisions established by a TPO. These consequences can either be civil or criminal in nature.

CIVIL VIOLATION OF TPO:

O.C.G.A. 19-13-6(a) provides “A violation of an order issued pursuant to this article may be punished by an action for contempt.”

CRIMINAL VIOLATION OF TPO:

O.C.G.A. 16-13-6(b) provides: “Any person who violate the provisions of a domestic violence order which excludes, evicts, or excludes and evicts that person from a residence or household shall be guilty of a misdemeanor.”

Civil consequences occur when the TPO does not specifically state that the defendant is evicted or excluded from the plaintiff’s (victim) residence. This type of protective order is commonly referred to by law enforcement as a “stay away only order.” If a violation occurs under an order of this type, the only option for the victim is to take the defendant back into court and ask the judge to hold him/her in contempt for violating the TPO.

Criminal consequences occur when the TPO specifically states that the defendant is to be evicted or excluded from the victim’s residence. If the TPO has this eviction/exclusion language and the defendant violates the provisions of the TPO, the defendant may be charged with the misdemeanor offense of Violation of a Temporary Protective Order (19-13-6(b)).

Evidence Involving Violation of a TPO

In cases where a no contact order is in effect, batterers will often find other means of communicating with their victims and use the excuse that they were just apologizing, requesting forgiveness, or trying to convince the partner of how much they are loved. When in fact, sometimes this type of communication is a very effective way for the batterer to tell the victim: “I still know where you are; I can still contact you; and no order
is go to prevent me from contacting you.”

Top

NO CONTACT MEANS NO CONTACT

Following are common examples of how some batterers will violate no contact orders:

· Sending letters, cards, flowers, balloons & gifts
· Writing on walls/mirrors/cars
· Making video, audio, and answering machine tapes of messages & sending them to the victim
· Unknowingly taking photographs of victim
· Having friends or family members, or the children, call on behalf of the defendant

Should these incidents occur while a TPO is in effect, the victim should document the incident and call the police for further documentation and assistance. Remember these contacts in any other context may be innocent, but may also violate the provision of a TPO. Collect any evidence you can for use in possible criminal cases against the batterer.

Top

OTHER IMPORTANT FACTORS TO CONSIDER WITH TPO’S

It is important to remember that a batterer may be committing a new and separate crime if he/she violates some conditions of the TPO. For example, if he TPO does not have the exclusion/eviction language, but this person has been told to keep off of the victim’s property, if the batterer continues to come to the victim’s property, he/she may be charged with criminal trespass. Also, if the defendant continues to contact, harass, or telephone the victim after he/she has been told to do so, the defendant may be charged with the offense of harassing phone calls.

This type of continued contact could also lead to stalking and/or aggravated stalking charges.

Top

Victim Witness Assistance Program

District Attorney's Office Griffin Judicial Circuit Scott Ballard, D.A.