FAQs for Victims of Crime

A "victim" means a person against whom the criminal offense or delinquent act is committed or who is directly and proximately harmed by the commission of the offense or act. The term "victim" does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim.  Ohio Const. Art. I, Sec. 10a., R.C. 2930.01(H). 

• Procedure to follow if victim is subject to threats or intimidation;
• To the extent practicable, confer with the victim before an agreement to a negotiated plea, amendment, dismissal of a charge, diversion, or trial. Failure of the prosecutor to confer with the victim shall be noted on the court record (2930.06[A]);
• Acquittal or conviction in a trial (2930.12);
• Dismissal of the complaint against the alleged juvenile offender or of the adjudication of the alleged juvenile offender as a delinquent child (2930.12);
• Crimes of which the defendant or juvenile offender was convicted (2930.12[A]);
• Phone number and address of Probation Department or other representative preparing pre-sentence investigation (2930.12[B]);
• Notice that victim may make a statement as part of the pre-sentence investigation. Court may show the victim’s statement to the defendant (2930.12[C]);
• 2930.12[E]), and the victim’s right to make a written and/or oral statement before sentencing (2930.12[F]);
• The sentence and any change to the sentence (2930.12[F]);
• An appeal being filed and the subsequent procedural process (2930.15[A]) and (2930.15[A] [1]);
• The release of the defendant on bond or the conditions imposed by the court upon a juvenile, pending the disposition of appeal (2930.15[A] [2]);
• The time, place, and location of appellate court proceedings and any subsequent changes in those proceedings (2930.15[A] [3]);
• The result of the appeal (2930.15[A] [4]);
• Incarceration and likely release date of defendant or juvenile and the business address and phone number of the custodial agency for victim to contact (2930.16[A]);
• Hearings for judicial release and the victim’s right to make a statement. The court shall notify the victim of its ruling in each of those hearings (2930.16[B]).

The prosecutor may ask the court to suppress victim’s or victim’s representative’s identifying information if there is fear of threats or violence. The court must hold a recorded hearing in chambers (2930.07[A]).

The court may suppress victim information from files, except when determining the crime location, and seal the transcript of the hearing (2930.07[B]).

If practicable, the prosecutor must inform victim of possible delays in the process and, if the victim objects, the prosecutor shall inform the court which shall consider the victim’s concerns before approving delays (2930.08).

Victims may attend any hearing where the defendant or juvenile offender is present unless the judge rules exclusion of the victim is necessary to guarantee a fair trial (2930.09).

At the victim’s request, the court must permit a support person to accompany the victim unless the judge rules this will cause an unfair trial for the defendant or juvenile offender (2930.09).

The court must attempt to minimize contacts between the victim and the defendant or juvenile offender and shall provide a separate waiting area for each (2930.10[A]) and (2930.10[B]).

If a defendant is released on bond or a juvenile from detention, and the victim or victim’s family has been harmed or threatened by the defendant or juvenile offender or at the defendant’s or juvenile offender’s direction, then the victim may request the prosecutor to ask the court to reconsider bond or release conditions (2930.05[B]) and (2930.05[D]).

Law enforcement must promptly return property to the victim unless it is contraband, ownership is disputed, or the prosecutor certifies that it must be kept instead of photographed, or the court promptly rules evidentiary value to defendant or juvenile offender is greater than the victim’s need for the property to be returned (2930.11).

Victims may make a written or oral statement for any pre-sentence investigation that a court orders. The victim’s written statement shall be included in the pre-sentence investigation (2930.13[A]). Any statement may include physical and emotional harm, economic losses, restitution needs, compensation requests, and the victim’s recommendation for an appropriate sentence for the defendant or juvenile offender (2930.13[C]). The court may give copies of any written statements to both victims and defendants or juvenile offenders. Written statements are not public record and must be returned to the court (2930.14[D]) and (2947.051[C]). Before a judicial release or an early release hearing, the court shall permit and consider a victim impact statement (2930.17[A])

Employers cannot take punitive action against victims for preparing for or attending court hearings at the prosecutor’s request or by subpoena. A violation of this section is contempt of court (2930.18).

If the juvenile court disposes of a case prior to the prosecutor’s involvement in the case, the court shall notify the victim that the alleged juvenile offender will be granted diversion, the complaint will be amended or dismissed, or the court will conduct an adjudication hearing. The court shall also give all other required information (2930.06[A]).

Who may be eligible to receive a payment:

• Victims injured as result of violent crime.
• Dependents of homicide victims.
• Claimants responsible for crime victims’ expenses, such as parents or guardians. 

Who may not be eligible to receive a payment:

• Offenders or accomplices of offenders.
• Victims who have a felony conviction, or a child endangering or domestic violence conviction, within 10 years prior to the crime or while the claim is pending; or anyone who engaged in a felony offense of violence or felony drug trafficking, within 10 years prior to the crime or while the claim is pending; or anyone who, at the time of the crime, engaged in felony drug possession.
• Victims whose crimes are not reported to law enforcement.
• Victims who do not fully cooperate with law enforcement.
• Victims who committed criminal or tortious acts that contributed to their injuries

Payments can cover:

• Medical and related expenses.
• Counseling for immediate family members of victims of homicide, sexual assault, or domestic violence.
• Wages lost because of the crime.
• Crime scene cleanup for personal security, such as doors and windows.
• The cost to replace items taken as evidence.
• The cost to replace items of clothing damaged as a result of medical treatment or assessment.
• Payment for hearing aids, eyeglasses or other vision aids, dental appliances, teeth or other dental aids, canes, walkers, wheelchairs, and other mobility equipment.
• Lost wages and travel expenses for family members of a deceased victim to attend court proceedings.
• Financial support for dependents of a deceased victim.
• Funeral and burial expenses.

The maximum total payments are limited to $50,000, and several expenses have caps. Payments cannot be made for pain and suffering or for stolen, damaged, or lost property.

The Attorney General’s Office will not pay victims for expenses that can be covered by any other available sources, such as insurance.

Changes to the compensation program:

• An adult or minor victim can file anytime after the crime has occurred.
• The 72 hours reporting requirement has been removed. Victim must still report and cooperate with law enforcement.
• The program now compensates for items of clothing damaged as a result of medical treatment or assessment.
• The program will also compensate for hearing aids, eyeglasses or other vision aids, dental appliances, teeth or other dental aids, canes, walkers, wheelchairs, and other mobility equipment.
• Attorney fees for civil protection orders' hourly rate for legal work went up from $60.00 per hour to $100.00. The maximum amount for attorney fees per claim was changed to $1,000.00.
• Reasonable travel time to attend hearings is limited to 3 hours round trip for each hearing at $30.00 per hour.
• The cap on individual attorneys or law firms was eliminated.
• A supplemental application may be filed within six years of the last decision of the Attorney General, an Ohio Court of Claims panel commissioners, or a Court of Claims judge.

If you answer "Yes" to all these questions, you may be eligible for help from this program:

Eligibility Checklist

• The crime was reported and the victim cooperated with requests of law enforcement.
• The victim was not committing a criminal act that caused or contributed to the injuries.
• The victim has incurred expenses that are not fully covered by collateral sources.

Yes, you may apply for compensation online.  Click here.  

If you answer "Yes" to all these questions, you may be eligible for help from this program:

Eligibility Checklist

• The claimant has incurred additional economic loss.
• The supplemental application is being filed within five years of the last decision by the Attorney General, a Court of Claims panel of commissioners, or judge of the Court of Claims.
• The claimant has previously been determined eligible to receive an award of reparations by the Attorney General or Court of Claims.
• The claimant and the victim have maintained eligibility from the time of the previous decision.
• The maximum amount of $50,000 has not been paid on the claim.

Requirements

• An existing compensation application is mandatory before applying for supplemental compensation.

You will be asked to provide a claim number so you can proceed with filing a supplemental application.

To apply online, click here. 

Trained victim advocates can assist you with your application.  Please contact us at (937) 645-4160. For specific questions about the program, you may also call the Attorney General’s Office at 800-582-2877.