Crime Victim Family Representation: Protecting Your Rights and Your Future
Being the victim of crime is a traumatic experience. You can retain a victim representation lawyer to help you avoid experiencing violence and harassment in the future. You may not know where to turn after being abused, but remember that you never have to accept physical or psychological abuse from anyone. However, experiencing abuse at the hands of those who are supposed to love and care for us can make it difficult for us to reach for help.
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What a Victim Representation Lawyer Actually Does
A common misconception is that once a criminal case has been filed, the prosecutor will handle everything. In reality, the prosecutors represent the state – not you. Their goal is to obtain a conviction, while your recovery is a separate issue.
A victim’s lawyer works exclusively in their best interests. Their role may include:
- Filing a civil lawsuit to seek financial compensation, independent of a criminal case.
- Seeking an order of protection to legally prohibit contact with the abuser.
- Assisting with divorce proceedings and child custody matters if the abuser is a spouse or co-parent.
- Coordinating with prosecutors and law enforcement to ensure the victim’s voice is heard during the proceedings.
- Advising on the Victims of Crime Act (VOCA) compensation programs available in the state.
You don’t have to face this alone. There are real mechanisms in the law for recovery, but only if you have someone who knows how to use them.
Criminal Law vs. Civil Law: Understanding the Difference
One of the most significant differences between criminal and civil cases is in victim representation. These are two distinct systems within Anglo-American law, each serving different purposes.
In a criminal case, the government brings charges against the defendant for breaking the law. The possible outcomes include imprisonment, probation, or payment of fines to the state, but not necessarily to the victim. A criminal conviction satisfies, but does not provide financial compensation or remove the abuser from home.
In a civil case, you are the plaintiff and you bring a lawsuit against the person or entity that has harmed you. You seek monetary compensation for injuries that you have suffered. The standard of proof in these cases is lower than in criminal cases, where it is “beyond reasonable doubt”. This means that you can still win a civil case even if the other party is not criminally convicted, even if they were not found guilty of a crime.
Domestic Violence, Divorce, and Child Custody
When the person who has abused you is also your spouse or a parent of your children, the legal implications become more complex. A lawyer who specializes in domestic violence and family law can assist you in seeking multiple forms of assistance simultaneously.
In divorce proceedings, documented evidence of abuse is relevant to the division of assets, spousal support, and, most importantly, child custody. Courts using the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) must consider a history of domestic violence when deciding what custody arrangement is in the best interest of the child. Your lawyer can help you create a record showing the physical and emotional risks your abuser poses to your children.
Pursuing a Civil Lawsuit: Types of Damages Available
When you file a civil lawsuit, you can seek two main types of financial compensation under tort law: economic and non-economic damages.
Economic damages include:
- Medical and hospital bills
- Lost wages and income
- Future earning capacity
- Vocational rehabilitation costs
- Household services expenses
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Mental trauma and PTSD
- Loss of enjoyment of life
- Scarring and disfigurement
Under the compensatory damages framework applied in most U.S. jurisdictions, these awards are intended to restore the victim to their pre-injury position as much as possible, given the limitations of monetary compensation. In some cases involving egregious or intentional harm, courts may also award punitive damages designed to punish the defendant and serve as a deterrent for future misconduct.
Alternative Dispute Resolution in Victim Cases
Most civil cases are settled without going to court. For many people, this is a preferred option – litigation can be time-consuming, expensive, and stressful. Alternative dispute resolution (ADR) provides structured ways to reach a fair resolution outside of the courtroom.
Common ADR (Alternative Dispute Resolution) methods used in civil cases involving victims include:
- Mediation: A neutral third party, known as a mediator, facilitates voluntary discussions between the parties in order to reach a resolution.
- Arbitration: A private arbitrator listens to both sides and makes a binding or non-binding decision.
- Settlement conferences: Structured meetings, often supervised by a court, aimed at finding a negotiated solution.
- Neutral evaluation: An experienced lawyer or retired judge offers an unbiased assessment of the merits of the case.
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You Have Legal Rights. We Can Help You Use Them.
If you or a loved one have been a victim of domestic abuse or violent crime, an experienced attorney can help you navigate the legal system and understand all your options, from civil litigation to obtaining protective orders and custody arrangements. Contact Columbia Family Law Group to schedule a consultation.
Common Crime Victim Family Representation FAQs
This is an important distinction to understand. A prosecutor works for the government (city, county, or federal) and represents the interests of society in punishing criminals. Their goal is to prove, beyond a reasonable doubt, that the defendant has committed a crime and potentially result in jail time, probation, or fines. However, the prosecutor does not represent the individual personally and cannot help them recover financial compensation for medical bills, lost wages, or pain and suffering. In contrast, a victim’s rights lawyer works directly for them. Your lawyer can help you file a civil lawsuit against the person who harmed you, obtain an order of protection, fight for custody of children, and seek monetary compensation to rebuild your life. While the prosecutor handles the criminal case, your victim’s representative lawyer will focus on your civil rights and recovery.
Yes, absolutely. A criminal conviction does not automatically provide you with any financial compensation. While a criminal case may result in the abuser being sentenced to prison or fined by the government, none of that money will go to you. Your medical bills, lost wages, therapy expenses, and other related costs will remain unpaid until you file a separate legal claim.
A civil lawsuit against the perpetrator can allow you to seek compensation for medical expenses, lost income, future care needs, and non-monetary damages such as pain, suffering, emotional trauma, and loss of quality of life. A lawyer representing victims can help you make these claims while the criminal proceedings continue separately. In fact, a conviction can be used as powerful evidence in your civil suit.
Yes, an order of protection is a court order that prevents someone from contacting you or coming near your home or workplace. It also prevents them from engaging in violence or harassment. If they violate the order, they can face criminal penalties, such as arrest and jail time. Our firm can help you obtain an order of protection in family court in Missouri. We can gather evidence of the abuse, such as photographs, text messages, and witness statements. We will also represent you at the hearing if necessary. An order of protection doesn’t require a criminal case to be pending. If you feel in immediate danger, please call 911. If you need longer-term legal protection and safety planning, a victim’s rights lawyer can help.
Absolutely. In fact, domestic violence within marriage is a tragic reality, and our firm has extensive experience assisting married victims of abuse. We can help you with multiple legal issues simultaneously, including:
– Obtaining a protective order against your spouse.
– Filing for divorce based on domestic violence (which can affect property division and financial support).
– Seeking custody of your children, either sole or shared, with supervised visits for the abuser if necessary.
– Taking legal action to recover damages for the abuse.
Many victims worry that pursuing a civil lawsuit against an abuser is pointless if they have few assets or are incarcerated. However, there are several reasons why it is still worth pursuing a claim. First, abusers may have insurance policies that cover intentional torts such as assault or battery. These policies could be for homeowners, renters, or umbrella coverage. Second, a civil judgment could attach to future wages or assets that the abuser might acquire in the future. Third, a judgment helps to validate your experience and hold the abuser accountable, even if it is difficult to collect immediately. Fourth, some states offer crime victim compensation funds to help cover certain out-of-pocket expenses, regardless of the abuser’s financial situation.
Missouri law allows crime victims to seek both economic and non-economic damages.
Economic damages include:
– Medical and hospital bills
– Lost wages and income
– Future earning capacity
– Vocational rehabilitation costs
– Household services expenses
Non-Economic Damages:
– Pain and suffering
– Emotional distress
– Mental trauma and PTSD
– Loss of enjoyment of life
– Scarring and disfigurement
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