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Restitution

  • Reimbursement for damages or financial losses.
  • Court-ordered restitution holds offenders financially responsible for their criminal actions and provides victims with some monetary compensation to cover losses resulting from a crime. These may include all demonstrable economic injuries, losses, and expenses ( i.e. property damage, medical expenses, lost wages) that have been proximately caused to a victim by the criminal conduct of the defendant. This does not include punitive damages for pain and suffering damages.
  • You have the right to be paid for medical expenses and other losses that result from a violent crime. We can tell you about the restitution laws in Utah and whether you should apply for help from the Crime Victims' Reparation Board.

 

*All restitution information must be provided prior to the time of sentencing*

Utah Office for Victims of Crime

 

Below are the applications for the crime victim reparations program for the State of Utah office.

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Court Information

View the General Court Information page which contains complete lists of local affiliate Courts and Law Enforcement, and court approved community service agencies.

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Clerk of the Court
800 West State St.
Farmington, Utah 84025

(801) 447-3800

Domestic Violence

Violence, threats of violence, or conspiracy to commit a crime by one cohabitant against another is defined as domestic violence. ... A cohabitant is an emancipated minor (under 18 and married) or a person 16 years or older who is or was a spouse of another party, who is related by blood or marriage to another party, lives with another party or has a child in common with another, or is the biological parent of the other party’s unborn child. Cohabitant does not include parent-child or sibling-sibling relationships.  Assault/aggravated assault (including assault against a pregnant female), homicide, harassment/telephone harassment, kidnapping/unlawful detention, mayhem, sexual offenses, stalking, child abuse, property offenses, possession or threat of a dangerous weapon with intent to harm, discharge of a firearm, or violation of a protective order are all examples of domestic violence.

The crime of domestic violence can either be a felony or a misdemeanor. A number of factors are considered when determining the charge for domestic violence cases, including the nature and severity of the crime, the extent of the victim's injuries, whether weapons were involved, whether the people involved had criminal histories, whether they used drugs or alcohol, and other aggravating and mitigating factors.

 

Types of Domestic Violence

Involving hitting, pushing, restraining, choking, slapping, pulling , scratching, pinching, hitting with weapons or objects, shooting, stabbing, damaging property, pets, or threatening to do so.
Substantial and repetitive degradation, isolation, or control of another person through intimidation and manipulation.

Sexual harassment, limiting reproduction freedom, infliction of pain during sexual intimacy, or the use or threat of physical force to make a cohabitant perform a sexual act.

As examples, constant criticism, belittling victims' abilities, and competencies,  insults, put-downs, name-calling, silent treatment, manipulating victim feelings to induce guilt, subverting a partner's relationship with the children, repeatedly making and breaking promises are examples of attempts to undermine or undermine victim sense of worth.
Attempting or making the victim dependent on money. Withholding money and/or access to money, forbidding attendance at school, prohibiting employment, harassment on the job, requiring accountability and justification for all money spent, forcing welfare fraud, withholding information about the victim's family running up bills. Maintain total control of financial resources, including earned income and resources received through public assistance or social security.

DAVHA - Davis Area Victim Housing Assistance Program

 

Are you the victim of a crime in need of housing help?

house

Davis Area Victim Housing Assistance program can offer short-term assistance, such as:

  • Rental Assistance
  • Utilities
  • Moving Expenses
  • Childcare (Must be Licensed)
  • Hotel / Motel Vouchers
  • Transportation

This program is not designed to help with:

  • Mortgage Payments
  • Rental Deposits
  • Debt Relief
  • Medical Expenses
The Housing First Model is an approach that focuses on getting survivors of crime into safe housing as quickly as possible and then continuing to provide support as they rebuild their lives. This approach can be used for those survivors who may need short-term (0-3 months) of assistance.

Victim Services FAQ

Yes you can still turn it in up until two weeks before sentencing. We would prefer to have it in before then but if you can’t get us the information before 21 days just get it to us as soon as possible.
Contact your local police agency, they are the ones that bring the criminal case to the County Attorney’s Office to be screened and see if we can file charges for the crime committed.
No. Once there are charges in place it is the state that is prosecuting the defendant not the victim. The only people that can dismiss the case are the Prosecutor or the Judge it is then under their discretion of how to proceed with the case

 Call  (801) 415-4300. Have all of the case information ready such as; the defendants name and case number and she will be able to direct you to the best person to help you.

There are many different reasons why a case has been declined. If you call the Davis County Attorney’s Office at  (801) 415-4300 and speak with the secretary, they can get you in touch with someone who can tell you why the case was declined.

Call VINE it is a toll free number that contacts victims or other people related to a crime and lets them know when an individual is going to be released from Jail or Prison so they have time to prepare. 1-877-884-8463 or www.vinelink.com
Yes. Call the Davis County Attorney’s Office at (801) 415-4300. Ask to speak with one of the Victim Witness Coordinators. They can either help you over the phone or you can make an appointment to come in.
If you received a subpoena and took it to court with you to receive payment the court is the ones that process the check and it usually takes up to three weeks to process payment. Make sure you address is current on the subpoena or contact the court.
 Yes. As a victim in a case you have the right to speak when they are sentenced. If you need help preparing a letter to read or a statement contact one of the Victim Witness Coordinators at the Davis County Attorney’s Office at 801-415-4300 and they can help you prepare a statement. If you are afraid to get up and speak in court one of the Victim Witness Coordinator’s can read a statement on your behalf.
Yes. There are always exceptions but the general rule is yes they will have to testify if the case goes to trial sometimes at a preliminary hearing. Even though they were recorded in an interview when it comes to a trial the defendant in the case has the right to confront and cross examine their accusers.
You do not have to come to court unless we subpoena you to be present, at that time yes you have to come. Usually it is for a preliminary hearing or a trial that we need you to testify at. We will take certain precautions to make sure that you are safe while you are at court. There are waiting rooms that you can wait in until it is your turn to testify so you do not have to sit in the court room with the defendant.
The items can only be released to the owner and the prosecutor is the one that can release the items back to the owner. 30 days past sentencing of the defendant you can ask the prosecutors office if they can release you items over to you. Sometimes you have to wait longer but that is the usual time period. You need to come into the Davis County Attorney’s Office with a picture id and then take the release form over to the police department that has the evidence and they will release it to you. If you have questions please call 801-415-4300.
The defendant pays either the court or the probation department and they will forward the money onto you. If you have questions on whether a payment has been made or not contact the court.

Under Utah Statute 77-38a-302 it states that restitution is allowed when:

  1. The cost of the damage or loss if the offense resulted in damage to or loss or destruction of property of a victim of the offense.
  2. The cost of necessary medical and related professional services and devices relating to physical or mental health care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment.
  3. The cost of necessary physical and occupational therapy and rehabilitation.
  4. The income lost by the victim as a result of the offense if the offense resulted in bodily injury to a victim.
  5. Up to five days of the individual victim’s determinable wages that are lost due to theft or damage to tools or equipment items of a trade that were owned by the victim and were essential to the victim’s current employment at the time of the offense.
  6. The cost of necessary funeral and related services if the offense resulted in death of a victim.
They will come in payments as ordered by the court. The defendant will be put on a payment schedule according to how much they can actually pay. It will take some time to start to see your restitution being paid back in full.

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