Restitution Basics for
Victims of Offenses
by Juveniles
If you are the victim of an offense committed by a youth
under the age of 18, you have a right to be repaid for losses
that resulted from the offense.
This booklet will help you understand:
• How to exercise your right to restitution
• What to expect as the juvenile case moves forward
• Special rules for restitution in juvenile cases
• How to collect the money you are owed
What is restitution?
Restitution is repayment by the offender of money you lost or had to spend
as the result of an offense committed by a youth under the age of 18. No one
can undo the harm, but if the person who committed the offense is found
and held responsible, the judge can order that person to pay you back for any
monetary losses or costs from the offense.
What losses can I expect to be covered by restitution?
In most cases, restitution will cover only financial losses. Nonfinancial
losses are usually not covered.
Financial losses
You have the right to restitution for any financial loss caused directly
or indirectly by the offense, including:
• Medical, dental, or counseling expenses
• Lost wages because of an injury
• Lost wages for time you spent helping the police or prosecution
• Moving or security expenses
• Lost, stolen, or damaged property
• Legal fees related to collecting restitution
To get restitution, you must be able to:
• Show that your loss was caused by the offense, and
• Prove the amount of your loss with documents like bills, receipts,
or estimates for repair.
Nonfinancial losses
Many victims experience losses that are not financial, such as ongoing
pain and suffering. In most cases, the judge cannot order restitution for
these kinds of losses. You may, however, claim restitution for the cost
of treatment.
If you were the victim of a sex offense when you were under the age of 18, you
may be eligible for compensation for pain and suffering. For more informa-
tion, talk to the district attorney or county probation department.
Even if your losses are not eligible for court-ordered victim restitution,
you still have the right to sue the offender in civil court. There are, however,
strict deadlines for civil lawsuits, and suing for restitution can be com-
plicated. Talk to a lawyer who specializes in restitution cases right away.
Your local bar association can refer you to a qualified lawyer.
How do I request restitution?
Even though you have a right to restitution, it is your responsibility to
claim and document your losses or expenses. You need to make sure the
probation department, the district attorney, and the court know about all
losses and expenses you had because of the offense. Save and submit all
the information about your losses, including receipts, bills, repair esti-
mates, and similar records, to the probation department. Always make
copies of any records you give to the probation department. The probation
department will write a report for the district attorney and the court using
the information that you give them. The district attorney will then request
that the court order restitution. If you need help, contact your county’s
Victim Witness Assistance Center (VWAC) and request a victim advocate,
who will help you to collect restitution. To find the office in your county,
visit www.vcgcb.ca.gov/victims/localhelp.aspx.
Can the court order restitution if the youth who committed the
offense isn’t found and held responsible?
No. But you may be able to get reimbursed for some expenses from the
state-run California Victim Compensation Program (CalVCP). Unlike
restitution, which is paid by the offender, CalVCP payments come from
the state Restitution Fund, which is available even in cases where the
youth is never found legally responsible
for the offense. This program, however,
does not pay for everything that restitution
does. For example, only victims of offenses
involving violence or the threat of violence
may be reimbursed through CalVCP, and the
program will not pay for personal property
losses except for medically necessary items,
like eyeglasses or wheelchairs. To learn
more, contact your county’s VWAC or go
to www.vcgcb.ca.gov/victims/.
How long does it take to get restitution?
Note: If you receive money
from the Victim Compensa-
tion Program and later get
repaid for the same expense
by someone else, such as
the offender or an insurance
company, you will need to pay
back some or all of the money
you got from the Victim Com-
pensation Program.
It depends. Before you can request restitution, the youth must first be
found legally responsible for the offense. That determination may be
reached quickly if the youth admits responsibility in court. It will take
longer if a trial is needed.
If the offender admits to the charges or is found legally responsible, then
restitution will be discussed at the disposition hearing, which is the juvenile
court equivalent of a sentencing hearing. This hearing usually happens
a few weeks after the hearing where the offender was found responsible,
to give the probation department time to prepare a report for the judge to
consider in determining the right disposition.
Can I get restitution if the youth is not found responsible for the
offense or the matter is dismissed?
No. If the entire case against the youth is dropped by the district attorney
or dismissed by the judge, you cannot get restitution through the juvenile
court. However, you may still be able to recover money for your loss by
suing that person in civil or small claims court or by applying to CalVCP.
Can I get restitution if only some of the charges are dismissed?
Yes. In a juvenile case, when a youth admits to some of the charges in
exchange for having others dismissed, the judge is always allowed to
order restitution, even if the charges related specifically to your loss
are dismissed.
Do I have to go to the disposition hearing?
No, but you may want to talk to the district attorney or the probation
department about whether you should. If you have a lawyer, your lawyer
may attend for you.
If I go to the disposition hearing, will I have to speak to the judge?
No. You have the right to speak to the judge if you want to, but you are not
required to speak at the disposition hearing.
If I don’t go, will the judge know about my request for restitution?
Yes. The probation department will inform the judge before the disposition
hearing about your request for restitution. That means you must give the
probation department information about your losses right away. If you
want a copy of the information that the probation officer gives the judge
about disposition and restitution, ask the probation department or, if you
have one, your victim advocate.
What if there is a disagreement about the amount of restitution?
The amount of victim restitution is usually decided at the disposition
hearing. If the offender disputes the amount you claim you are owed or
some other question arises about how much restitution should be ordered,
the judge may schedule a separate restitution hearing before making a
decision in your case.
What happens at a restitution hearing?
The judge will hear evidence related to restitution. The judge may ask you
to show proof of your loss, such as receipts, bills, or estimates for repairs,
and to answer questions about the following issues in court:
• Did you experience a financial loss?
• Was your loss caused by the offender’s illegal act?
• Is your loss the kind that restitution can pay for?
• How much money are you owed?
This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.
