As used in this article, “victim” means any person who suffers domestic violence, as defined in Section 1037.7.
Particular PrivilegesDomestic Violence Counselor-victim Privilege
Section § 1037
This law defines a 'victim' specifically as someone who experiences domestic violence, according to the definition found in another section, 1037.7.
domestic violence victim definition of victim domestic violence
Section § 1037.1
This law defines a 'domestic violence counselor' as someone working for an organization that helps domestic violence victims. The counselor must have at least 40 hours of specialized training. Part of this training is supervised by an experienced counselor. Those with less than six months of work must be supervised by a counselor with at least a year of experience. A 'domestic violence victim service organization' can be a nonprofit that helps victims and their children through services or shelter, or a college-based program offering support to victims.
(a)Copy CA Evidence Code § 1037.1(a)
(1)Copy CA Evidence Code § 1037.1(a)(1) As used in this article, “domestic violence counselor” means a person who is employed by a domestic violence victim service organization, as defined in this article, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of domestic violence and who has at least 40 hours of training as specified in paragraph (2).
(2)CA Evidence Code § 1037.1(a)(2) The 40 hours of training shall be supervised by an individual who qualifies as a counselor under paragraph (1), and who has at least one year of experience counseling domestic violence victims for the domestic violence victim service organization. The training shall include, but need not be limited to, the following areas: history of
domestic violence, civil and criminal law as it relates to domestic violence, the domestic violence victim-counselor privilege and other laws that protect the confidentiality of victim records and information, societal attitudes towards domestic violence, peer counseling techniques, housing, public assistance and other financial resources available to meet the financial needs of domestic violence victims, and referral services available to domestic violence victims.
(3)CA Evidence Code § 1037.1(a)(3) A domestic violence counselor who has been employed by the domestic violence victim service organization for a period of less than six months shall be supervised by a domestic violence counselor who has at least one year of experience counseling domestic violence victims for the domestic violence victim service organization.
(b)CA Evidence Code § 1037.1(b) As used in this article, “domestic violence victim service organization” means either
of the following:
(1)CA Evidence Code § 1037.1(b)(1) A nongovernmental organization or entity that provides shelter, programs, or services to victims of domestic violence and their children, including, but not limited to, either of the following:
(A)CA Evidence Code § 1037.1(b)(1)(A) Domestic violence shelter-based programs, as described in Section 18294 of the Welfare and Institutions Code.
(B)CA Evidence Code § 1037.1(b)(1)(B) Other programs with the primary mission to provide services to victims of domestic violence whether or not that program exists in an agency that provides additional services.
(2)CA Evidence Code § 1037.1(b)(2) Programs on the campus of a public or private institution of higher education with the primary mission to provide support or advocacy services to victims of domestic violence.
domestic violence counselor 40 hours training victim service organization
Section § 1037.2
This law defines 'confidential communication' as private information shared between a domestic violence victim and counselor, meant to assist the victim without being disclosed to others unless necessary. It covers details of domestic violence incidents and information about the victim's children and relationship with the abuser.
Court may order this information to be disclosed if it's crucial evidence in a crime involving the victim or household member, and the need for it outweighs the impact on the victim or counseling relationship. Disclosure may also occur in child abuse cases with the same consideration. If the court orders disclosure, certain procedures are followed to protect privacy, such as in-chamber hearings away from public view.
(a)CA Evidence Code § 1037.2(a) As used in this article, “confidential communication” means any information, including, but not limited to, written or oral communication, transmitted between the victim and the counselor in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the domestic violence counselor is consulted. The term includes all information regarding the facts and circumstances involving all incidences of domestic violence, as well as all information about the children of the victim or abuser and the relationship of the victim with the abuser.
(b)CA Evidence Code § 1037.2(b) The court may compel disclosure of information received by a domestic violence counselor which constitutes relevant evidence of the facts and circumstances involving a crime allegedly perpetrated against the victim or another household member and which is the subject of a criminal proceeding, if the court determines that the probative value of the information outweighs the effect of disclosure of the information on the victim, the counseling relationship, and the counseling services. The court may compel disclosure if the victim is either dead or not the complaining witness in a criminal action against the perpetrator. The court may also compel disclosure in proceedings related to child abuse if the court determines that the probative value of the evidence outweighs the effect of the disclosure on the victim, the counseling relationship, and the counseling services.
(c)CA Evidence Code § 1037.2(c) When a court rules on a claim of privilege under this article, it may require the person from whom disclosure is sought or the person authorized to claim the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the person authorized to claim the privilege and such other persons as the person authorized to claim the privilege consents to have present. If the judge determines that the information is privileged and shall not be disclosed, neither he nor she nor any other person may disclose, without the consent of a person authorized to permit disclosure, any information disclosed in the course of the proceedings in chambers.
(d)CA Evidence Code § 1037.2(d) If the court determines that information shall be disclosed, the court shall so order and inform the defendant in the criminal action. If the court finds there is a reasonable likelihood that any information is subject to disclosure pursuant to the balancing test provided in this section, the procedure specified in subdivisions (1), (2), and (3) of Section 1035.4 shall be followed.
confidential communication domestic violence counselor victim privacy
Section § 1037.3
This law makes it clear that nothing in the article should be taken to reduce or eliminate the obligation to report cases of child abuse as mandated by another specific law.
Nothing in this article shall be construed to limit any obligation to report instances of child abuse as required by Section 11166 of the Penal Code.
child abuse reporting mandatory reporting reporting obligations
Section § 1037.4
This law explains who gets to decide whether to keep certain communications private in cases involving a victim of domestic violence. If the victim doesn't have a guardian or conservator, they make the decision themselves. If they do have a guardian or conservator, that person usually decides, unless they are accused of abusing the victim.
As used in this article, “holder of the privilege” means:
(a)CA Evidence Code § 1037.4(a) The victim when he or she has no guardian or conservator.
(b)CA Evidence Code § 1037.4(b) A guardian or conservator of the victim when the victim has a guardian or conservator, unless the guardian or conservator is accused of perpetrating domestic violence against the victim.
domestic violence victim communication privacy guardian role
Section § 1037.5
This law gives a domestic violence victim the right to keep communications with their domestic violence counselor private. The victim can refuse to share these conversations in legal settings. Other people who can claim this privilege include someone the victim authorizes or the counselor at the time. However, the counselor cannot claim this right if the victim allows disclosure or is no longer available to claim it.
A victim of domestic violence, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a domestic violence counselor in any proceeding specified in Section 901 if the privilege is claimed by any of the following persons:
(a)CA Evidence Code § 1037.5(a) The holder of the privilege.
(b)CA Evidence Code § 1037.5(b) A person who is authorized to claim the privilege by the holder of the privilege.
(c)CA Evidence Code § 1037.5(c) The person who was the domestic violence counselor at the time of the confidential communication. However, that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.
domestic violence victim privileged communication confidentiality
Section § 1037.6
This law states that a domestic violence counselor must assert the right to keep communications private whenever someone tries to disclose them. This applies if the counselor is there and has the legal authority to do so under a specific rule.
The domestic violence counselor who received or made a communication subject to the privilege granted by this article shall claim the privilege whenever he or she is present when the communication is sought to be disclosed and he or she is authorized to claim the privilege under subdivision (c) of Section 1037.5.
domestic violence counselor communication privilege confidential communication
Section § 1037.7
This section defines 'domestic violence' by referencing the definition provided in Section 6211 of the Family Code.
As used in this article, “domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code.
domestic violence definition Section 6211 Family Code reference
Section § 1037.8
This law states that a domestic violence counselor must inform a domestic violence victim if there are any limits on how confidential their conversations will be. The counselor can share this information verbally.
A domestic violence counselor shall inform a domestic violence victim of any applicable limitations on confidentiality of communications between the victim and the domestic violence counselor. This information may be given orally.
domestic violence counselor confidentiality limits victim communication
