Crime Victim Rights and Legal Options in Santa Clara County

If you are a crime victim in Santa Clara County, California law gives you strong constitutional protections. Marsy's Law — passed by California voters in 2008 — guarantees 17 enforceable rights to every crime victim, from the right to be notified of court proceedings to the right to receive restitution from the offender.

This guide explains your rights as a crime victim in Santa Clara County, how to exercise them through the court system at the Hall of Justice in San Jose, and where to find free legal help.

Your Rights Under Marsy's Law in Santa Clara County

Marsy's Law (California Constitution, Article I, Section 28) gives crime victims 17 constitutional rights. These are not optional courtesies — they are enforceable legal rights. The Santa Clara County District Attorney's Office is required to inform you of these rights, but having your own advocate ensures they are actually exercised.

Key Rights You Should Know

• Right to be notified — You must be informed of all public court proceedings related to your case, including bail hearings, preliminary hearings, trials, and sentencing.
• Right to be present — You can attend every public proceeding in the case. The court cannot exclude you unless doing so is necessary to protect your testimony as a witness.
• Right to be heard — You can make a statement at bail hearings, plea bargains, sentencing, and parole proceedings. This includes a written or verbal victim impact statement.
• Right to restitution — The offender must pay you for all losses caused by the crime — medical bills, lost wages, property damage, therapy costs, and other expenses.
• Right to refuse defense interviews — You cannot be forced to speak with the defendant's attorney or private investigator. This right is absolute.
• Right to privacy — Your home address, phone number, and other personal information must be kept confidential. The court and DA's office cannot disclose it to the defendant.
• Right to protection — You have the right to reasonable protection from the defendant and the defendant's family or associates.
• Right to a speedy trial — The case should proceed without unreasonable delay.

Santa Clara County Courthouse and Court Information

Hall of Justice (Main Criminal Court)

Address: 190 W. Hedding Street, San Jose, CA 95110
Phone: 408-882-2100
This is the primary courthouse for criminal proceedings in Santa Clara County, including domestic violence cases, assault, stalking, and other crimes with victims.

Family Justice Center

The Santa Clara County Family Justice Center provides a single location for DV survivors to access multiple services — legal assistance, victim advocacy, counseling, and law enforcement. Located in San Jose, it coordinates with the DA's Victim Services Unit to help you exercise your Marsy's Law rights.

Self-Help Center

The Santa Clara County Superior Court Self-Help Center provides free assistance with legal forms and procedures. They can help you prepare restraining order paperwork, understand court processes, and connect with legal aid. Services are available in English, Spanish, Vietnamese, and other languages.

Filing for Protection in Santa Clara County

Domestic Violence Restraining Order (DVRO)

If you are a DV victim, you can file for a restraining order at the Santa Clara County Superior Court. The process:

1. Complete form DV-100 at the Self-Help Center or on your own
2. File at the clerk's office — no filing fee for DVROs
3. Same-day judge review — a Temporary Restraining Order can be issued the same day
4. Serve the restrained person — the Santa Clara County Sheriff's Office provides free DVRO service
5. Attend the hearing — scheduled within 20-25 days for a permanent order (up to 5 years)

Criminal Protective Order

In criminal cases, the DA can request a criminal protective order as a condition of the defendant's bail or release. This is separate from a DVRO — you should pursue both tracks simultaneously for maximum protection. Contact the DA's Victim Services Unit to coordinate.

Civil Harassment Restraining Order

For harassment by non-intimate partners (neighbors, coworkers, acquaintances), you can file a Civil Harassment Restraining Order (CHRO) at the Hall of Justice. The standard is different from a DVRO — you must show a credible threat of violence or a pattern of harassment.

Santa Clara County DA's Victim Services Unit

The Santa Clara County District Attorney's Office operates a dedicated Victim Services Unit. They can:

• Explain your Marsy's Law rights and help you exercise them
• Notify you of upcoming court dates and case developments
• Help you prepare and deliver a victim impact statement
• Assist with California Victim Compensation Board (CalVCB) applications
• Connect you with counseling, shelter, and emergency assistance
• Coordinate with the court on restitution orders

Contact the DA's Victim Services Unit at 408-792-2921 or visit the DA's office at the Hall of Justice.

Free Legal Help in Santa Clara County

• Law Foundation of Silicon Valley — Free legal representation for DV survivors and crime victims. Call 408-280-2424.
• Bay Area Legal Aid (BayLegal) — Free civil legal services for low-income residents. Call 800-551-5554.
• Next Door Solutions to Domestic Violence — 24-hour crisis line, shelter, legal advocacy. Call 408-279-2962.
• YWCA Silicon Valley — DV shelter, support groups, advocacy. Call 408-295-4011.
• Asian Law Alliance — Legal services for Asian Pacific Islander communities. Call 408-287-9710.
• Santa Clara County Bar Association Lawyer Referral — Attorney referrals. Call 408-971-6822.

You can also browse our Santa Clara County attorney directory for attorneys who serve the area.

Victim Compensation in Santa Clara County

The California Victim Compensation Board (CalVCB) can reimburse you for out-of-pocket expenses caused by the crime, including:

• Medical and dental treatment
• Mental health counseling
• Lost wages
• Funeral and burial expenses
• Home security improvements
• Relocation expenses

You do not need a criminal conviction to apply. File your application online at victims.ca.gov or call 1-800-777-9229. The DA's Victim Services Unit can also help you complete the application.

Recent Marsy's Law Developments (2025–2026)

Marsy's Law enforcement has strengthened in California following a series of appellate court decisions affirming victims' constitutional standing to challenge violations directly.

Victims Can Challenge Plea Agreements Independently

California courts have increasingly recognized that crime victims have independent constitutional standing to seek review of plea agreements that were accepted without their input. If the Santa Clara County DA's office finalizes a plea deal without conferring with you — as required under Article I, Section 28(b)(8) — you or your attorney can file a Marsy's Law enforcement petition asking the court to vacate the plea and require proper consultation. The California Supreme Court's interpretive guidance on this remedy has made these petitions more viable in 2025 and 2026.

Restitution Enforcement Strengthened

California courts have reaffirmed that restitution orders are mandatory and cannot be waived by a plea agreement without the victim's consent. In Santa Clara County, if your restitution order is not being collected, the DA's Victim Services Unit can work with the Franchise Tax Board and Employment Development Department to intercept the defendant's tax refunds and wages. For crime victims with outstanding restitution, this is one of the most effective collection tools available.

Right to Privacy in Court Records

Under Marsy's Law, victims have the right to request that their personal contact information be withheld from court records accessible to the defendant. In Santa Clara County, make this request in writing to the clerk when you file your first document in any criminal case. Courts must honor the request — the defense attorney cannot use the court file to locate your address or phone number.

For the most current Marsy's Law developments, visit the Marsy's Law practice area page or read our statewide Marsy's Law guide.

Frequently Asked Questions

What is Marsy's Law and does it apply in Santa Clara County?

Yes. Marsy's Law is a California constitutional amendment (Article I, Section 28) that applies statewide, including in Santa Clara County. It guarantees 17 rights to crime victims, including the right to be heard at sentencing, to receive restitution, to be protected from the defendant, and to refuse defense interviews.

Where do I go for a restraining order in Santa Clara County?

File at the Santa Clara County Superior Court. The Self-Help Center can assist with forms. For DV cases, there is no filing fee. The Hall of Justice at 190 W. Hedding Street, San Jose handles criminal matters; family law restraining orders are handled at the Family Court. The court's official self-help resources are available at scscourt.org.

How do I get notified about my case in Santa Clara County?

Register with the DA's Victim Services Unit (408-792-2921). Under Marsy's Law, you have the right to be notified of all proceedings. The DA's office will contact you about hearing dates, plea offers, and case outcomes. You can also register with VINE (Victim Information and Notification Everyday) at 1-877-411-VINE for automated custody status updates.

Can I get restitution if the offender has no money?

The court will still order restitution regardless of the offender's ability to pay. Collection can come through wage garnishment, tax refund intercepts, or prison wages. Separately, CalVCB can reimburse you directly for many out-of-pocket costs — the offender's financial status does not affect your CalVCB eligibility.

What if the DA drops my case — do I still have rights?

Under Marsy's Law, you have the right to confer with the prosecution before the case is dismissed. If the DA decides not to prosecute, you can still pursue a civil restraining order and file a CalVCB claim. You can also consult a private victim rights attorney about civil remedies.

Need help with your case? Browse our Santa Clara County attorney directory or use our free intake tool to get started.