What are your Victim Rights?

In accordance with Florida Statute 960, as the victim of a crime or the next of kin of a homicide victim you have rights.

• THE RIGHT to be present, informed, and heard, when relevant, at all crucial sages of the criminal and juvenile justice system as long as that right doesn't interfere with the rights of the accused.
• THE RIGHT to be free from threats, intimidation, or harassment. It is against the law to cause a victim / witness to be placed in fear by force or threats, to make an assault on, or harm any victim / witness. If you are being threatened or intimidated please contact the Police.
• THE RIGHT to be notified when a defendant escapes or is released from a correctional facility.
• THE RIGHT to ask the court for restitution (payment for financial loss as a result of a crime) from the defendant and information from the court on enforcement of that order.
• THE RIGHT to request assistance from Law Enforcement and the State Attorney's Office in notification to creditors and employers in regards to financial hardship or absences resulting from the crime.
• THE RIGHT to a prompt, timely disposition of your case, provided this right does not interfere with the rights of the accused.
• THE RIGHT to be notified of scheduling changes in your criminal or juvenile justice system appearances by the scheduling agency or person.
• THE RIGHT to be consulted by the State Attorney's Office in certain felony cases in order to obtain you or your family's views about the disposition of any criminal or juvenile case.

• THE RIGHT to have a Victim Advocate accompany you to a deposition. Victims who are not incarcerated shall not be required to attend discovery depositions in any correctional facility.
• THE RIGHT to review certain portions of a pre-sentence investigation report for an adult and/or youthful offender prior to the sentencing of the accused.
• THE RIGHT to submit an oral or written victim impact statement to the court.
• THE RIGHT to a prompt return of personal property unless there is a compelling law enforcement need to retain the property.
• THE RIGHT to have their rights as outlined in the brochure asserted through the State Attorney's Office.
• THE RIGHT to request and know at the earliest convenience, if the person charged with an offense, which involves the transmission of bodily fluids, has tested positive for the Human Immunodeficiency Virus (HIV) infection.
• THE RIGHT in certain circumstances to request that the offender be required to attend a different school than the victim or siblings.
• The victim of a sexual offense has the right to have the courtroom cleared, with certain exceptions, during his or her testimony, regardless of their age or mental capacity.
• A victim of domestic violence has the right to be informed of the Address Confidentiality Program administered by the Office of the Attorney General. Please contact 1-800-226-6667 for further information.
• Victims in jail have the right to be informed and submit written statements at all crucial stages of the criminal and juvenile justice systems.
• The victim or the next of kin of a homicide victim are obligated by Florida Statute 960 to not release any information in a case involving a juvenile. The exception to this is if it is necessary in the pursuit of legal remedies.
• The victim, next of kin of a victim, or relative of a minor victim must receive advance notification of judicial and post judicial proceedings relating to the case including the arrest, release, work release, or release to community control of the accused; and proceedings in the prosecution of the accused.
• The victim or next of kin of a victim can not be excluded from any portion of a hearing, trial or proceeding based solely on the fact that such person is subpoenaed to testify, unless the court determines their presence is prejudicial.

An PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE is a court order signed by a Judge that orders the abuser to have no further contact with you. This includes your place of employment, residence, and telephone contact. An Injunction may also give you temporary sole use of your residence, temporary custody of your children, temporary child support and court ordered counseling for the abuser. After you file your petition, the judge can sign a Temporary or Permanent Injuction, or both. A Temporary Injunction can ob obtained on the same day you file your Petition, without a hearing and without the abuser knowing first. A Temporary Injunction lasts for a stated period of time, not to exceed 30 days, and is given to you by the judge when you are in immediate danger of being hurt. A Permanent Injunction can go into effect later. This Injunction is for a stated period of time not to exceed one (1) year, unless extended by the court. The judge may want to hold a hearing before signing the Permanent Injunction.



You do NOT have to have visible injuries or be married to apply for an Injunction. To obtain an Injunction for Protection, go to the Clerk of the Court in the Walton County Courthouse in DeFuniak Springs or the South Walton Courthouse Annex in Santa Rosa Beach. Make sure you bring a picture identification card with you when you go to the courthouse. Once you have completed the forms, a Judge will review them and either grant or deny your petition. If granted, you will be given a Temporary Injunction and a court date to appear before the Judge. YOU MUST ATTEND THIS HEARING OTHERWISE THE JUDGE WILL DISMISS YOUR INJUNCTION.

Keep a copy of the Injunction with you at all times. The Walton County Sheriff's Office will serve the abuser with the Injunction. In order to verify that the Injuction has been served, please call (850) 892-8186 during normal business hours and request to be connected to the Civil Process Section. There is no fee associated with an Injunction.



In the event that the abuser violates the order, you should contact the law enforcement for assistance AS SOON AS POSSIBLE. If an arrest cannot be made right away, you may also file an Affidavit of Complaint with the the Clerk of the Court in the Walton County Courthouse in DeFuniak Springs or the South Walton Courthouse Annex in Santa Rosa Beach. The affidavit will be forwarded to the appropriate authority for further actions.



The defendant(s) may be allowed to post bond and be released immediately. In these instance, you will be notified of a later hearing or conference. In other cases, the defendant(s) may have to appear before a Judge within 24 hours. At this initial hearing, the Judge will decide the conditions of release or the amount of bond, if any. If the defendant enters an immediate plea of "guilty" at the jail arraignment (misdemeanor offense), the case will end there. You have a right to appear at these hearings. If you wish to be present, you may contact the jail at (850) 892-8196 to learn if the defendant has been released or if the bond hearing or jail arraignment has been scheduled.



In some cases, the victims or relatives of a deceased victim may be eligible for financial compensation from the State of Florida. Those determined eligible by the Office of the Attorney General may receive assistance with medical/dental expenses, burial expenses, lost wages, relocation money for domestic violence victims, and mental health counseling. For further information, please call the Office of the Attorney General at 1-800-226-6667.



A juvenile arrested and charged with a misdemeanor or non-violent felony, may be released immediately into the custody of the parent(s) or legal guardian. Juveniles charged with more serious crimes may go to a pre-detention hearing within 24 hours to set the conditions of release. You have a right to appear at these hearings.



Getting help is worth the effort and there are many people who will help you. If you are upset and have questions or if you need a safe place to stay, contact any of these domestic violence centers.

Jacksonville	354-3114
Panama City	763-0706
Pensacola	434-6600
Tallahassee	681-2111
Walton County 24Hour Hotline	863-4777