Victim Resources

Seymour Police 2007

Columbus, Indiana

Domestic Violence is an ongoing problem within the United States, Indiana, and Seymour.  Many people do not want to accept the fact the domestic violence is occurring around them or even to them.  Domestic Violence is even accepted as a way-of-life in some cultures.  Because of this continuous trend, law enforcement, nationwide, has furthered its efforts in training and arrest requirements concerning this crime .  Simply put, domestic violence will not be tolerated. Officers of the Seymour Police Department are required to attend an annual training on domestic violence to help them recognize the act even if a victim is uncooperative.  During this training, officers are encouraged to arrest the aggressor in each situation.  What does this mean?  It means the officer will determine who initiated the physical contact and place that person under arrest.  The aggressor is then taken to the Jackson County Jail where they will spend a minimum of 12 hours before being able to post a bond.  We at the Seymour Police Department realize and are trained that there are times where both parties have made physical contact.  In a majority of cases, though, one party will emerge as the aggressor, and one party will emerge as the defender.  The determination will be made to arrest at that point.    Domestic Violence is defined in the Indiana Statutes as follows:  Indiana Code 35-42-2-1.3, Domestic Battery    Class A Misdemeanor: Battery with injury committed against a victim by an offender who is or was a spouse, who is or was living as if a spouse, or who has a child in common with the victim. Class D Felony: Domestic Battery by a person previously convicted of domestic battery (or "domestic violence" under I.C. 35-42-2-1(a)(2)(E) before its repeal). It is our goal at the Seymour Police Department to provide our community with a safe and peaceful living environment.  One way of doing that is maintaining a standard policy of arrest when it is determined that domestic violence has occurred.  Following are resources that may help you as a victim to obtain emotional and physical safety from this traumatic experience. NOTICE OF VICTIM RIGHTS Effective 7-1-02, IC 35-33-1-1.5 requires a law enforcement officer responding to the scene of a crime involving domestic or family violence to give the victim immediate and written notice of the following rights provided by law under IC 35-40 1. A victim has the right to be treated with fairness, dignity, and respect throughout the criminal justice process. 2. A victim has the right to be informed, upon request, when a person who is accused of committing or convicted of committing a crime perpetrated directly against the victim, is released from custody or has escaped. This includes release or escape from mental health facilities. 3. A victim has the right to have the victim’s safety considered in determining release from custody of a person accused of committing a crime against the victim. 4. A victim has the right to information, upon request, about the disposition of the criminal case involving the victim or the conviction, sentence, and release of a person accused of committing a crime against the victim. 5. A victim has the right to be heard at any proceeding involving sentence or a post-conviction release decision. A victim’s right to be heard may be exercised, at the victim’s discretion, through an oral or written statement, or submission of a statement through audiotape or videotape. 6. A victim has the right to make a written or oral statement for use in preparation of the presentence report. The victim also has the right to read presentence reports relating to the crime committed against the victim in order that the victim can respond to the presentence report. ·· The alleged felony was directly committed against the victim. The alleged felony was directly committed against the victim. The alleged felony or misdemeanor was an offense against the person, which includes the crimes of Battery, Domestic Battery, Aggravated Battery, Battery by Body Waste, Criminal Recklessness, Intimidation, Harassment, Invasion of Privacy, or Pointing a Firearm, and the alleged felony or misdemeanor was committed against the victim by a person who: is or was a spouse of the victim; is or was living as if a spouse of the victim; or has a child in common with the victim. · For other misdemeanors, a victim must file a request for notice, which includes a current telephone number and address. 1. A victim has the right to pursue an order of restitution and other civil remedies against the person convicted of a crime against the victim. 2. A victim has the right to be informed of the victim’s constitutional and statutory rights.