Restitution is monies paid to the victim by the offender for property loss, property damage or medical expenses directly related to the crime.
Compensation from the Virginia’s Victim Fund assists victim’s with out of pocket costs which are the result of a violent felony, assault or DWI. If a victim is found to be eligible for compensation, medical expenses, psychological counseling or funeral expenses may be paid for by VVF. Victim Services can assist the victim with completing and filing a claim.
A victim must complete a Victim Statement of Financial Loss itemizing the total cost of property damage or loss, total medical expenses, total reimbursement from insurance and insurance deductible paid. This form must be submitted a least one week in advance of your court hearing. Victim Services can assist the victim with completing and submitting the form.
Yes. All requests must be submitted with copies of documentation for all amounts listed. Documentation can include; invoices, repair estimates, item appraisals, original receipts or replacement receipts, insurance claims, medical bills and medical statements.
All Victim Statements of Financial Loss and supporting documentation will be placed in the Court’s legal file and provided to the Commonwealth’s Attorney. It is available for review by authorized individuals including the judge, defense attorney, defendant, and court staff.
Restitution is based on allowable financial losses as a direct result of a crime. Restitution may be ordered. It is not a guarantee. Factors such as a defendant’s age, mental capacity, and placement will be taken into consideration by the court when determining the amount to be ordered and a payment plan. There is no parental obligation to pay on behalf of the juvenile.
The defendant will make payments to the Clerk of Court. The funds are deposited into the state account, where it is held for a minimum of 20 days, thereafter a check is issued to the victim. All restitution payments to the victim must be sent through the United States Postal Service.
The victim must keep their addresses current with the Court to receive payments. Any change in address must be submitted in writing to Fairfax County Juvenile and Domestic Relations District Court, Clerk’s Office, 4110 Chain Bridge Road, Suite 301 Fairfax, Virginia 22030 and contain your name, new address, phone number, name of defendant and corresponding case file #(s).
If the offender is on probation, the probation officer will work with the offender to encourage him/her to make payments. If the offender is avoiding making payments, a probation violation may be filed by the probation department.
If the restitution account is still open past the “paid in full date” the account is sent to the Virginia Department of Taxation Court Debt Collections Department and a 17% collection fee will be applied. In addition, the offender’s privilege to drive in Virginia is suspended.
Upon the offender reaching the age of 18, the Order of Restitution may be docketed in the Circuit Court of Fairfax resulting in a judgment against the offender.
Upon non-payment of restitution by the “paid in full date”, the victim may contact the Commonwealth Attorney’s Office at 703-246-2776 to request further action be taken against the offender.
Restitution payments are to be mailed to the Clerk’s Office in the form of personal check, cashier’s check, money order or certified check. These may also be made in person at the post-court window and may include payment by credit card or cash.
All restitution payments must be sent to:
Fairfax County Juvenile and Domestic Relations District Court
4110 Chain Bridge Road, Suite 301
Fairfax, Virginia 22030
Checks must be payable to “Commonwealth of Virginia” in the amount specified by the Restitution Order. The defendant’s case file number and intake number must be written on the payment to ensure credit to the proper financial account. Restitution may be paid in full prior to the paid in full date.
If you are unable to pay your restitution, for any reason, contact your defense attorney to request that a Motion to Amend be filed on your behalf.
Or go to the Juvenile and Domestic Relations District Court pre-court window on the 3rd floor and ask the clerk to provide you a blank Motion to Amend. You will be required to complete the blank Motion to Amend on your own. The Clerk’s Office does not provide legal assistance in completing the form. You will be notified of the court date and the judge will consider your request. Only the judge can amend the order or give you permission to stop payments. Failure to comply with a Restitution Order may result in:
- issuance of an Order to Show Cause or Probation Violation.
- indefinite suspension of the defendant’s privilege to drive in the Commonwealth of Virginia until such time as restitution is paid in full and/or garnishment of the defendant’s Virginia State Income Tax Refund.
- account being sent to the Virginia Department of Taxation Court Debt Collections Department resulting in a 17% collection fee being applied.
- Restitution Order being docketed in the Circuit Court of Fairfax County, Virginia as a judgment.
Further assistance may be obtained by calling the Clerk’s Office: 703-246-3367.