Ohio Code 2930.02 – Victim’s representative
(A) Any of the following persons may, subject to the prohibition on the unauthorized practice of law under section 4705.07 of the Revised Code, exercise the rights of a victim under this chapter as the victim’s representative:
Terms Used In Ohio Code 2930.02
- Alleged juvenile offender: means a child who is alleged to have committed a delinquent act in a police report or in a complaint in juvenile court that charges the commission of a delinquent act and that provides the basis for the delinquency proceeding and all subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Case: means a delinquency proceeding and all related activity or a criminal prosecution and all related activity. See Ohio Code 2930.01
- Child: includes child by adoption. See Ohio Code 1.59
- Court: means a court of common pleas, juvenile court, municipal court, or county court. See Ohio Code 2930.01
- Criminal offense: means an alleged act or omission committed by a person that is punishable by incarceration and is not eligible to be disposed of by the traffic violations bureau. See Ohio Code 2930.01
- Delinquency proceeding: means all proceedings in a juvenile court that are related to a case in which a complaint has been filed alleging that a child is a delinquent child. See Ohio Code 2930.01
- Delinquent act: means an alleged act committed by a child, regardless of whether the child is competent, that does any of the following and is not disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13. See Ohio Code 2930.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- prosecution: means the prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding. See Ohio Code 2930.01
- Prosecutor: means one of the following:
(1) With respect to a criminal case, it has the same meaning as in section 2935. See Ohio Code 2930.01
- Suspect: means a person who is alleged to be the perpetrator of a criminal offense. See Ohio Code 2930.01
- Victim advocate: means a person employed or authorized by a public or private entity who provides support and assistance for a victim of a criminal offense or delinquent act in relation to criminal, civil, administrative, and delinquency cases or proceedings and recovery efforts related to the criminal offense or delinquent act. See Ohio Code 2930.01
- Victim advocate: work with prosecutors and assist the victims of a crime.
(1) Any person designated by the victim;
(2) A member of the victim’s family or a victim advocate designated as the victim’s representative to exercise the rights of a victim under this chapter as the victim’s representative if a victim is a minor or is incapacitated, incompetent, or deceased, subject to division (D) of this section;
(3) If the case involves a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.05, or 2903.06 of the Revised Code, a member of the deceased victim’s family, a victim advocate, or another person designated by one or more members of the deceased victim’s family.
(B) If the prosecutor in the case or the court has a reasonable basis to believe that the victim’s representative is not acting in the interests of the child victim, victim with a developmental disability, or an incapacitated or incompetent victim, the prosecutor shall file a motion with the court setting forth the reasonable basis for that belief and the court shall hold a hearing to determine whether the victim’s representative is acting in the interests of the victim. The court shall make this determination by a preponderance of the evidence. If the court finds that the victim’s representative is not acting in the interests of the victim, the court shall appoint a court appointed special advocate, a guardian ad litem, or a victim advocate to act as a victim’s representative instead of the previously appointed victim’s representative.
(C) If more than one person seeks to act as the victim’s representative for a particular victim, the court that has jurisdiction over the criminal matter or the court in which the criminal prosecution or delinquency proceeding is held shall designate one of those persons as the victim’s representative. If a victim does not want to have anyone act as the victim’s representative, the court shall order that only the victim may exercise the rights of a victim under this chapter.
(D) If pursuant to division (A) of this section a victim’s representative is to exercise the rights of a victim, the victim shall notify law enforcement and the prosecutor, or, if it is a delinquency proceeding and a prosecutor is not involved in the case, shall notify the court that the victim’s representative is to act for the victim. When a victim has so notified law enforcement and the prosecutor, or the court, all notices under this chapter shall be sent to the victim and the victim’s representative, all rights under this chapter shall be granted to the victim and the victim’s representative, and all references in this chapter to a victim, except the references to a victim in section 2930.071 of the Revised Code, shall be interpreted as being references to the victim and the victim’s representative unless the victim informs the notifying authority that the victim does not wish to receive the notices or exercise the rights.
(E) A suspect, defendant, offender, alleged juvenile offender, or delinquent child may not act as a victim’s representative relative to the criminal offense or delinquent act involving the victim.
(F) In any post-conviction proceeding or in regards to any post-conviction relief, if the prosecutor in the case or the court has a reasonable basis to believe that the victim’s representative is not acting in the interests of the child victim, victim with a developmental disability, or an incapacitated or incompetent victim, the prosecutor shall file a motion with the court setting forth the reasonable basis for that belief and the court shall hold a hearing to determine whether the victim’s representative is acting in the interests of the victim. The court shall make this determination by a preponderance of the evidence. If the court finds that the victim’s representative is not acting in the interests of the victim, the court shall appoint a court appointed special advocate, a guardian ad litem, or a victim advocate to act as a victim’s representative instead of the previously appointed victim’s representative.
Last updated March 9, 2023 at 3:44 PM