Notice of Rights

As a crime victim, there are resources available in Lincoln County. Crisis Solutions, Sanders County Coalition and Victim/Witness Program are three excellent resources. They can refer you to places that provide shelter, food, clothing, counseling, and other services. 

Lincoln County Crisis Solutions: 293-3223 (24 hours a day).  This program offers confidential crisis intervention, emergency shelter, assistance in filing Temporary Orders of Protection, education on domestic violence, peer counseling, and support groups for women. 

Lincoln County Victim\Witness Program: 293-7781 Ext. 276 (Monday-Thursday, 8 a.m.-4 p.m.).  Located in the Lincoln County Annex Building, 418 Mineral Avenue, Libby.  The Victim Witness Advocate offers assistance with claims for victim's compensation and referral to other services.  Should there be a court case, they can offer court escort, information on the legal system, and assistance with your particular case. 

Criminal Charges:    The county attorney's office can file criminal charges if the offender committed the offense of partner or family member assault, sexual assault, or any other offense involving bodily harm or the threat of bodily harm against you or a family member.  It is your right not to live in fear of a partner or family member. 

Temporary Orders of Protection: If you are the victim of partner or family member assault, sexual assault, or stalking, you have the right to petition for a Temporary Order of Protection from either District Court or Justice Court for any of the following: 

• prohibiting the offender from threatening to hurt you or hurting you;
• directing the offender to leave your home;
• prohibiting the offender from having any contact with you;
• prohibiting the offender from transferring any property except in the usual course of business;
• prohibiting the offender from being within 1,500 feet (or other appropriate distance) of you and any named family member, and from being at your work site or any other specified place;
• giving you possession of necessary personal property;
• prohibiting the offender from possessing or using any firearm used in the assault.

If you file a petition in District Court, the District Court may order all of the above and may award custody of your minor children to you or to the other parent, as well as ordering visitation of your children between the parents.  The District Court may also order the offender to pay support payments to you if the offender has a legal obligation to do so. 

Obtaining a Temporary Order of Protection: The forms that you need to obtain a Temporary Order of Protection are at Justice Court, 418 Mineral Avenue, Libby, 293-7781 Ext. 236.  You may file a petition in District Court at the Lincoln County Courthouse, 2nd floor, 512 California Avenue, Libby.  You can do this on your own or with an advocate from the Lincoln County Crisis Solutions at 293-3223, Sanders County Coalition for Families at 800-265-0415, or the Victim/Witness Advocate at 293-7781 Ext. 276.  No appointment is necessary and there is no charge. 

Restitution and Compensation: You may be eligible for restitution payments from the offender or for crime victims compensation payments.  You may call the Lincoln County Crisis Solutions at 293-3223, or the Victim Witness Advocate at 293-7781 Ext. 276 for this information. 

Address Confidentiality: If the offender has been found guilty of stalking, partner/family member assault against you or a family member, or another offense involving bodily harm or the threat of bodily harm against you or a family member, you may choose to keep your residential address off the list of registered voters by contacting the county election administrator at 293-7781 Ext.200. 

Release of Offender: If you call and make arrangements, the Lincoln County Sheriff's Department will notify you if the offender is going to be released from jail.  You can call the Victim/Witness Advocate at 293-7781 Ext. 276, or the county jail at 293-4115, for this or further information.