Restitution Request

What is a Restitution Request?
Restitution is court ordered reimbursement to a crime victim from a defendant convicted of committing the crime against them. This type of reimbursement is ordered from a Superior Court Judge at the time of sentencing and becomes part of the defendant’s official criminal sentence. The District Attorney’s Office will make recommendations to the Court based on documents submitted by the crime victim.

These expenses are not to be confused with pain and suffering that is awarded by the civil courts at the conclusion of a civil law suit.

To submit a Restitution Request, please complete the application and send to the District Attorney’s Office.

Expenses
The list of possible items may include, but is not limited to, the following types of expenses:
  • Counseling (victim, spouse, and dependents)
  • Medical / hospital (bills, replace / repair cost for glasses, dentures, wheelchair, prosthetics, hearing aid, etc.)
  • Funeral / burial costs (including headstone)
  • Rehab / occupational therapy
  • Travel (mileage, cab fare, parking fees, etc.)
  • Child Care
The Nature and Amount of Restitution
In determining the nature and amount of restitution, the court shall consider (O.C.G.A. §17-14-10):
  • The financial resources and other assets of the offender or person ordered to pay restitution including whether any of the assets are jointly controlled
  • The earnings and other income of the offender or person ordered to pay restitution
  • Any financial obligations of the offender or person ordered to pay restitution, including obligations to dependents
  • The amount of damages
  • The goal of restitution to the victim and the goal of rehabilitation of the offender
  • Any restitution previously made
  • The period of time during which the restitution order will be in effect
  • Other factors which the Court deems to be appropriate
An order for restitution shall not bar any civil action against the offender. However, any payments made by an offender to a victim under an order for restitution may be a setoff against any judgment awarded to the victim in a civil action based on the same facts for which restitution was ordered (O.C.G.A. §17-14-11). For more detailed information on Georgia law as it relates to restitution, please see O.C.G.A. §17-14-(1-19).