Statement of rights

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  • In giving notice to a victim of the victim's rights as provided in section 91a, subsection (c), paragraph (8) of this chapter, the officer shall read the following statement aloud and provide the victim with a card bearing the same information written in both English and Spanish:
    • “My name is Officer ____; my badge number is ____. The law requires that I offer the following services to persons such as yourself who are victims of domestic violence:
      • (a) If a crime has been committed against you, I must arrest the suspect immediately, or I must remove the suspect from the household or try to persuade him to leave the household;

      • (b) I must drive you or help you find transportation to the nearest hospital or medical facility for treatment of injuries if you need or want treatment;

      • (c) If you want to leave the residence, I must drive you or help you find transportation to the nearest shelter for victims of domestic violence, or to any other nearby place where your safety will be assured; and

      • (d) I must make all reasonable efforts to make sure that you are safe.”

  • In addition, the officer shall give the victim a written copy of the following statement in English and Spanish:
    • “(a) The law provides that you may seek a court order prohibiting further abuse of yourself, your children, or anyone in your household, if you are affected by the abuse, or if the victim is unable to seek help. You do not need to hire a lawyer to get a court order.

    • (b) The court order may order the person who abused you to move out of the residence where you live, to pay your rent there or elsewhere, or to pay support for you or your children. The court may give you custody of your children. It may order the abuser to stay away from your children. It may order the abuser to stay away from your workplace, or other places where you frequent. The order may restrain the abuser from calling you or writing you letters. It may order the abuser to pay your medical bills or to participate in counseling. You may request any or all of these things, or ask for other protection, as part of a court order.

    • (c) To get a court order, go to Superior Court, which is located at ____. Ask the Clerk of the Court for complaint forms. If you are in immediate danger you usually can get an order the day you file the petition.

    • (d) If the person who assaulted you violates this order, that person may be arrested and punished or may be required to remedy the violation.

    • (e) You also have the right to request that the prosecutor file a criminal complaint against the person who assaulted you. If convicted of a crime, the abuser may be placed on probation and ordered to see a counselor, or the abuser may be put in jail or fined.

    • (f) On nights, weekends, and holidays, when the courts are closed, you may obtain emergency assistance by calling the police or by calling ____ to find a judge.”


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