criminal damage question

eagle10

Hi all a quick question for you.
If someone has damaged your property and they were seen doing so the guards were notified.
If the person was charged with criminal damage and brought to court and found guilty would they be made pay for the damage they caused?
Thanks in advance

jblack

eagle10 wrote: »

Hi all a quick question for you.
If someone has damaged your property and they were seen doing so the guards were notified.
If the person was charged with criminal damage and brought to court and found guilty would they be made pay for the damage they caused?
Thanks in advance

Compensation order from criminal proceedings.

Alternatively/together with the criminal proceedings a civil case can be brought, if the witness is rock solid and the quantum of the damage indisputable then perhaps worth pursuing.

eagle10

jblack wrote: »

Compensation order from criminal proceedings.

Alternatively/together with the criminal proceedings a civil case can be brought, if the witness is rock solid and the quantum of the damage indisputable then perhaps worth pursuing.

If the witness signed a statement, gave a statement in court. Defendant found guilty and all receipts for damage were kept you may then take civil proceedings?

Would they be made pay?

jblack

if there is no compensation ordered (crim) or an amount that falls short of the damage then the civil courts may award an amount that reflects shortfall.

You will not be awarded more than the value of the damage.

coylemj

If the criminal case hasn't happened yet then your best prospect for compensation is that the accused will hand over the money on the day of the court, this tends to get some leniency from the judge, especially if he has no previous convictions.

I don't believe that the judge (in the criminal case) can force him to compensate you but if he appears to be a person with the means to do so then the judge would take a dim view if he finds him guilty and the guy has made no effort to compensate you in advance or there and then on the day of the court.

On the other hand, if he has no money or just doesn't give a XXXX because he has a record as long as your arm then he may not bother making any offer of compensation and if he has no assets worth pursuing by way of a civil suit then you'll just have to write it off.

eagle10

Thanks guys.
One more thing would there be much involved or how would one go about getting a restraining order against such an individual?

coylemj

Can you tell us if the criminal case has happened already? It's easier to answer questions if we know exactly where you are in the process.

For example, if the criminal case has not yet happened then you could talk to the Garda about asking the judge to bind the accused over to keep the peace.

Otherwise, what type of restraining order had you in mind, an injunction forcing the guy to not do what?

eagle10

I

coylemj wrote: »

Can you tell us if the criminal case has happened already? It's easier to answer questions if we know exactly where you are in the process.

For example, if the criminal case has not yet happened then you could talk to the Garda about asking the judge to bind the accused over to keep the peace.

Otherwise, what type of restraining order had you in mind, an injunction forcing the guy to not do what?

Thanks.
The criminal case has not happened yet however there is a bench warrant for him in another case so when he is lifted(soon I presume) he will be charged with the criminal damage.

Restraining order, I would like it if he was made stay away from me and my family. My home, my place of work, and prohibited from ever contacting me in any way.

Zambia

This happened to me in Belfast and the CPP sent me a cheque on the offenders conviction of the amount i had stated in the original criminal damage report.