Domestic Assault and Harassment

In addition to the general rights of crime victims, victims of domestic assault and/or harassment are entitled to additional rights:

  1. Protection
    • Privacy: You have the right to request the law enforcement agency to withhold public access to data identifying you.
    • Separate Waiting Area: You should be provided a waiting area at the courthouse separate from the defendant, his/her family, and witnesses, if possible.
    • Personal Information: You may be able to withhold your home or employment address, telephone number, and date of birth from the defendant. You do not have to give this information in court unless the court orders it.
    • Employment Protection: You have the right to protection from discipline from your employer if you must go to court as a victim or a witness.
    • Defendant’s Release From Custody: The custodial agency must make a good faith effort to notify you of the defendant’s release from custody.
  2. Information
    • Plea Negotiation: The prosecutor must make a good faith effort to notify you of a proposed plea negotiation.
    • Change Of Date: If you have been subpoenaed or requested to testify at court, the prosecutor must make reasonable efforts to notify you if the court date is changed.
    • Probation Officer Contact: The probation officer doing a pre-sentence investigation must make a good faith effort to contact you, obtain input, and discuss sentencing options.
    • Final Disposition And Appeal: You have the right to be advised by the prosecutor of the final determination of the case and any appeal.
  3. Input
    • Sentencing: You have the right to be present at sentencing. You may express any objections to the proposed plea negotiation orally or in writing.
    • Diversion: You are entitled to be notified and express your opinion if the prosecutor allows the defendant to enter a diversion program.
    • Speedy Trial: You have the right to ask the prosecutor to demand a speedy trial, which begins within 60 days of the demand.
    • Victim Impact Statement: You may present a victim impact statement at the time of sentencing. The statement may include a summary of the harm or trauma you suffered, the economic loss or harm you suffered, and your reaction to the proposed sentence or disposition. It may be presented in writing or orally. You may ask the prosecutor to present your statement to the court, whether or not you choose to appear.
  4. Restitution
    • Order Of Restitution: You may request the court to order restitution for losses you suffered as a result of a crime. You will need to follow specific procedures and specify your losses in writing.
    • Probation Review Hearing: You may ask the probation officer to request a probation review hearing before the judge if the defendant fails to make ordered restitution payments.
  5. Additional rights of domestic assault/harassment victims
    • Declination or Dismissal: A prosecutor must make a reasonable effort to inform you that s/he has decided to decline prosecution of a case or dismiss a case once it has been charged. When the prosecutor declines or dismisses a domestic abuse case, s/he must notify you about procedures for obtaining a civil Order for Protection.
    • Orders for Protection:You also have the right to go to civil court and request an Order for Protection, which may do the following:
      • Restrain the abuser from further acts of abuse.
      • Direct the abuser to leave the household.
      • Prevent the abuser from entering your home, workplace, or school.
      • Award or limit visitation.
  6. Reparations
    • You have the right to apply for reparations from the State of Minnesota (not including property losses) resulting from violent crime. You may call to request an application: 651.201.7300; 1.888.622.8799; TTY 1.651.205.4827