Q: What does a free standing order mean for restitution
A:
A free-standing order of restitution is an order for restitution which can stand on its own, apart from the criminal case it is connected to. What this means is that the person to whom restitution is owed (the “victim” of the crime) may enforce this order against the defendant in the same way a civil judgment may be enforced. In other words, if a defendant is subject to a free-standing order of restitution has income, that income can be garnished, should the victim wish to pursue enforcement of the order.
Also, these types of orders are generally punitive in nature and not dischargeable in bankruptcy. The courts generally consider ability to pay in order to determine the minimum monthly payment on any restitution order.
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