Criminal & Constitutional Harm Overview
Being harmed by someone else’s criminal behavior or constitutional misconduct can be a harrowing experience. It is absolutely valid for you to have feelings about the harm and to make your feelings known to police, prosecutors, therapists, family and friends. Below is some information that may help you if you find yourself in this situation.
- POLICE RECORDS
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If you have been harmed by criminal behavior, you have a right to obtain the investigative file once the investigation is no longer ongoing. Under Va. Code § 2.2-3706.1(D), the police must disclose the records to a victim upon request.
- VICTIM WITNESS ADVOCATES
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The Charlottesville Commonwealth’s Attorney’s Office (the prosecutor’s office) has a victim/witness assistance program. You can find more information about it here.
The Albemarle Commonwealth’s Attorney’s Office also has a victim witness office.
- CENTRAL VIRGINIA COMMUNITY JUSTICE
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Some people who have experienced harm may not want to address that harm through the criminal legal system, but still want the person who harmed them to be held accountable. Central Virginia Community Justice provides restorative justice services. You can find more information about them at their website.
- RESTRAINING ORDERS
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If you are experiencing a situation where you believe a restraining order may be appropriate, take a look at the VA Court’s informational page about protective orders here and the Virginia Department of Criminal Justice Services' info sheet.
- POLICE MISCONDUCT
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If a police officer has violated your constitutional rights, harassed or discriminated against you, you can file a complaint with the Charlottesville Police Civilian Oversight Board (Charlottesville PD only) or with the police/sheriff’s department that oversees that officer. Administrative review processes like these can be frustrating due to lack of transparency and ultimate officer accountability, but the more the agencies hear about the problematic behavior, the more pressure they face to make changes. The Charlottesville Civilian Oversight Board was started to address concerns with transparency and accountability.
- ONLINE DOXXING & HARASSEMENT
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The ACLU has helpful guidance on how to protect against online doxxing and harassment. Check out their guidance here.
Additional FYIs
More Questions?
For specific questions and advice, please fill out an Intake form to request a consultation. Refer to our Request a Consultation Page for more information about eligibility and confidentiality.
Disclaimer: The information provided on this website is for general information purposes only and is not meant to advise on any particular legal issue. Laws change every year and it is possible that the information is no longer current or valid. For help with specific legal issues, you should consult an attorney.