Office of Crime Victim Services

Restitution

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♦ What is restitution?
♦ How is restitution ordered and are victims eligible to receive restitution?
♦ How do I apply for restitution?  
♦ How is restitution collected from the offender? 
♦ What if the offender doesn't pay the restitution?  
♦ Who can I talk to about restitution payments owed to me? 

What is restitution?  

Restitution refers to payments an offender must make to cover expenses or damages related to their crime.

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How is restitution ordered and are victims eligible to receive restitution?  

If an offender is found guilty, during the sentencing hearing a district attorney may ask the court to order the defendant to pay restitution.  Crime victims who suffer a personal injury, property loss or damage to property as a result of a crime may be eligible for restitution.

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How do I apply for restitution?  

Work with the district attorney to make a complete and accurate list of your losses.  You will be asked to document your actual out-of-pocket costs in a reasonable and verifiable manner. 

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How is restitution collected from the offender?  

The Wisconsin Department of Probation and Parole monitors probation.  Restitution payments depend on the financial resources of the offender and the amount of restitution ordered by the court.  The offender pays the restitution to their probation and parole agent, who forwards the money to the Wisconsin Department of Corrections, which then forwards the money to you.  If the offender is not placed on probation but is ordered to make restitution, it is paid to the local Clerk of Courts or the District Attorney's office, which forwards payment to you.

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What if the offender doesn't pay the restitution?  

If the offenders have not made restitution by the end of their probation or prison term, they may be help personally liable for the unpaid amount.  You may then pursue payment through civil court.  Check your insurance policy.  It may provide coverage for personal injury or damages resulting from a crime.

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Who can I talk to about restitution payments owed to me? 

Questions about restitution payments should be directed to the Probation and Parole Office in your region.  Your county district attorney or victim/witness specialist will know who to contact.

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