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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37780
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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crime victim compensation laws in california

Customer Question

any help with crime victim compensation laws in california?
Submitted: 8 years ago.
Category: Legal
Customer: replied 8 years ago.
Relist: I still need help.
Expert:  LawTalk replied 8 years ago.
Good morning,

I'm sorry to hear of your situation.

Do you have a specific question I might answer for you?
Do you need to know how to begin the process of making a claim against the victims of crime fund in CA?

I’ll put forth my best effort in assisting you. When you are able to respond to my request for clarification of your situation, I’ll be able to assist you. In the meantime I would ask that you please stay on-line, just in case I need additional clarification from you regarding the factual circumstances relating to your question. Thank you for allowing me to help.



Customer: replied 8 years ago.
hi. thank you very much for caring. my husband of 13 years shot me in my chest and then himself in the head. i survived and he lost his life that night. our 3 daughters, twins 11 and youngest 6 yrs. old at the time were present and we were all traumatized. i remain disabled, PTSD, anxiety, depression etc. and we all remain in weekly individual therapy and some on meds. california V.O.C. denied my claim for support loss for my daughters due to me their mom a victim of attempted murder and disabled due to crime. and my claim for loss of wages because i am not able to work since the crime. i was laid off few months before crime on unemployment. sorry so long. they've helped with approving therapy and psychiatric sessions and relocating expenses. but our case is unique and i think it's rare and needs attention. thank you Cheryl
Customer: replied 8 years ago.
sorry. i guess my question is is there any legal way to win an appeal with the california victims of crime board? my husband was the only income for our girls at the time and i made 39,000 the prior year and moved up to assistant branch mgr. of a nurse staffing company. was laid off then but even recently offered to come back to that job when i'm able. don't i have a claim due to i am unable to provide for my family since the crime?
Expert:  LawTalk replied 8 years ago.
Good morning Cheryl,

What a horrible thing that you and your daughters went through.

While you have a unique case, indeed, the VOC law in California is essentially written in stone. There are not exceptions made.

If you disagree with a finding of the VOC though, ABSOLUTELY, you may appeal it:

If VOC Program staff makes a recommendation that the applicant disagrees with, they have the right to request that the claim be discussed by the three-member Board at a public hearing. If the outcome of this public hearing is not satisfactory, the applicant may request that the Board reconsider its decision. A reconsideration request must be accompanied by new and relevant information or documentation not considered before the hearing. Finally, if the applicant does not agree with the outcome of the Board's final decision, a Writ of Mandate may be filed in the Superior Court.

You may find that being represented by an attorney will be helpful in submitting paperwork necessary for seeking reconsideration, and in the filing of a Writ of Mandate with the Superior Court, if that becomes necessary.

I wish you and your daughters well.

Best regards,


Customer: replied 8 years ago.
good morning doug. (sorry my capital letters aren't working on my cell). thank u for taking the time and effort to talk to me using your expertise! i tried to accept... but my card didn't in through. i am working on making sure you get paid and credit for all of your excellent assistance and answers. again, i apologize for this delay. and fyi... i have appealed already all the way through the boards' reconsideration hearing. i would have to do the final court process but on what grounds? i feel the support loss claim for my girls having a parent disabled due to a crime and not being able to work since this crime should be awarded! there has to be a way or loop hole for our situation. i wish the right person could hear our case. they lost their father that night and forever lost his financial support. and they lost a mother who just moths prior to this was able and did support them financially. the laws and regulations for v.o.c. in ca. needs updating with newer statistics to better serve victims of this type of crime (femicide?) and its' survivors.   do you think there's a way to get an award? respectfully, cheryl.    
Expert:  LawTalk replied 8 years ago.
Good morning Cheryl,

To the extent that the factual circumstances of your claim were correctly determined, the fact that the VOC made a decision in accordance with their guidelines will not likely be overturned by an application to the Superior Court.

I agree with you that the VOC laws are in need of updating, and expanding, to allow for a more compassionate result. That change, unfortunately, needs to be accomplished through the Legislature.

Under your circumstances I don't see a way for you to get an award that has already been denied.

Might I suggest that you meet with your local legislative representative and discuss the possibility of introducing a bill to improve the ability of the VOC to make exceptions in cases such as yours. While your particular case would not likely be impacted, it might make CA a more victim friendly state in terms of financial assistance.

I wish you and your girls well.

Best regards,



Expert:  LawTalk replied 8 years ago.

Good evening,

It was my pleasure to assist you earlier today. If there is anything else I can do for you please let me know.

Have a great evening.

Best regards,

Customer: replied 8 years ago.
thank you doug, very much. it means so much to me to have someone listen and seem to truly want to help. i will keep my promise to pay . i just haven't been able to yet. sorry. it was nice to see i had this message from you. goodnight, hope to hear from u soon. cheryl.
Expert:  LawTalk replied 8 years ago.
I wish you, and your girls, the best Cheryl.