Navigating the Criminal System: Taking Charge of Your Legal Rights and Options as a Survivor

The survivor is the only person who gets to decide what legal rights are right for their safety and healing. Sometimes these options do not feel safe or accessible for LGBTQ+ survivors, particularly BIPOC and undocumented survivors. Some survivors may decide that engaging in criminal systems is not right for them and their safety and their community. But all survivors, regardless of their gender identity, sexual orientation, race, or immigration status have a right to report and file for a restraining order. Survivors should not be shamed or coerced into using or not using these options

You can find more information about state-by-state laws around restraining orders, criminal reporting, suing for money, gun laws, divorce, and custody at  www.womenslaw.org/laws. Note, that this website is available to survivors of all genders, despite its name!



Police reports:

Everyone has a right to report domestic violence to the police. Reporting to police can help create a record, have an intermediary, stop violence from escalating, access compensation for the harm you’ve experienced, and pursue accountability for harm. It’s important to note that you deserve to have your safety treated seriously and be treated with respect by the police, but this doesn’t always happen. It may help to bring a support person with you to make a report, which could be a domestic violence advocate. If a police officer is refusing to take a report, you have a right to file a complaint for misconduct.

Restraining orders:

Everyone has the right to file a restraining order. Restraining orders are legally binding documents that require someone to stay away from you, your home, your school, your children, your pets, your roommates, and/or your place of work. Some states may call restraining orders “civil protection orders”.



Crime Victims Compensation:

Each state has their own process of offering financial support to “victims of crime” including survivors of sexual assault and domestic violence. Depending on the laws of your state, you may be able to receive financial support with medical bills, therapy costs, relocation costs, safety equipment, lock changes, and more. You could also be eligible for money to cover some of the costs of the harm you experienced through small claims court or criminal restitution. You can learn more about navigating your options for compensation at compass.freefrom.org .

Everyone’s situation is unique and different. Deciding whether or not to report to police, file a restraining order, or utilize other legal strategies or options is the survivor’s choice.