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Instructions Order For Victim Restitution CR-112 JV-792 - California

Instructions Order For Victim Restitution Form. This is a California form and can be used in Criminal Judicial Council .
 Fillable pdf Last Modified 12/30/2013
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CR-112/JV-792 INSTRUCTIONS: ORDER FOR VICTIM RESTITUTION A. Attorney or Person Without Attorney Write the name of your attorney. If you are representing yourself, your name goes here. B. Telephone Number Your telephone number goes here. You may also give a number where the court can leave a message for you. C. Fax Number You may write in your fax number here or you may leave this line blank. D. E-mail Address You may write in your e-mail address here or you may leave this line blank. E. Name and Address of Court Ask the clerk of your court for this information, including the court's address. F. Case Name Use the assigned case name. Example: In re John D. or People of the State of California v. Doe. G. Case Number Write the assigned case number in this space. You need to write this number at the top of every page of this form. H. For Court Use Only Leave blank. After this form is filed, the clerk will stamp this box on the copies so everyone knows they are copies of an official court document. I. Order for Restitution a. If the person was convicted in criminal court, write in the date of the defendant's conviction and the defendant's name. b. In cases where a child has been found to be a person described in Welfare and Institutions Code section 602, check item b and fill in the date of the hearing and the child's name. c. If the parents or guardians are jointly and severally liable, write the names in the space provided. d. If co-offenders were found jointly and severally liable, write the names in the space provided. This section must be completed by either you or the court. A separate order and abstract of judgment should be completed for each defendant or child ward found guilty of an offense. J. Judicial Determination of Restitution The defendant or child has a right to a restitution hearing. The hearing can be waived if the defendant or child agrees to give up his or her right to have a hearing. The amount of restitution may also be stipulated if the amount of restitution to be ordered is agreed to by all parties and the judge makes an order for the amount based on an agreement by all parties. It is very important to check the appropriate boxes to indicate whether the defendant or child has had a hearing or has waived the hearing. If you do not have all of the relevant information to complete this section, then the court should complete it for you. K. Restitution Ordered to Pay a. If the court ordered the offender to pay you, write your name as the victim and the amount of restitution ordered by the court. Make sure the amount of restitution is not left blank or "to be determined." A dollar amount must be listed for the order to be enforceable. b. Check this box if the court ordered the Victim Compensation and Government Claims Board to receive reimbursement for funds previously paid to you or your service provider by the Restitution Fund. Make sure the amount of reimbursement is not left blank or "to be determined." A dollar amount must be listed for the order to be enforceable. Page 1 of 2 Form Approved for Optional Use Judicial Council of California CR-112/JV-792 [Rev. January 1, 2014] INSTRUCTIONS: ORDER FOR VICTIM RESTITUTION www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com CR-112/JV-792 L. Case Name and Number Use the case name and case number that you wrote on the front of the form. M. Amount of Restitution Check the applicable boxes a through e that specify why the restitution was ordered. Example: If the court ordered that you collect medical expenses and lost wages, check boxes 4b and 4c. If the amount of restitution includes something that is not listed, check box 4e and briefly specify what additional costs are covered. Order for Victim Restitution (form CR-110/JV-790) is the court order or judgment directing the offender to repay you for any losses that you suffered because of the offense. Once this judgment is entered in the court records, you may use it to collect the money you are owed from the offender. If the court does not give you a certified copy of the order, ask the clerk for one and check to make sure the judgment is entered. If the offender does not pay you, you have several options, including getting the offender to pay you voluntarily, getting more information about the offender, and collecting from the offender's property. If you choose to try to collect from the value of real estate owned by the offender, you will need to record an abstract of the judgment with the county recorder in the county where the property is located. For more information about this process, see Abstract of Judgment--Restitution (form CR-111/JV-791) and Instructions: Abstract of Judgment--Restitution (form CR-113/JV-793). For more information about this and other options for collecting your restitution judgment, see the California Courts Online Self-Help Center at www.courts.ca.gov/1014.htm. CR-112/JV-792 [Rev. January 1, 2014] INSTRUCTIONS: ORDER FOR VICTIM RESTITUTION Page 2 of 2
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