US Laws, Codes, Statutes & Cases

1037.  As used in this article, "victim" means any person who
suffers domestic violence, as defined in Section 1037.7.



1037.1.  As used in this article "domestic violence counselor" means
any of the following:
   (a) A person who is employed by any organization providing the
programs specified in Section 18294 of the Welfare and Institutions
Code, whether financially compensated or not, for the purpose of
rendering advice or assistance to victims of domestic violence, who
has received specialized training in the counseling of domestic
violence victims, and who meets one of the following requirements:
   (1) Has a master's degree in counseling or a related field; or has
one year of counseling experience, at least six months of which is
in the counseling of domestic violence victims.
   (2) Has at least 40 hours of training as specified in this
paragraph and is  supervised by an individual who qualifies as a
counselor under paragraph (1); or is a psychotherapist, as defined in
Section 1010.  The training, supervised by a person qualified under
paragraph (1), 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, 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.
   (b) A person who is employed by any organization providing the
programs specified in Section 13835.2 of the Penal Code, whether
financially compensated or not, for the purpose of counseling and
assisting victims of domestic violence, and who meets one of the
following requirements:
   (1)  Is a psychotherapist as defined in Section 1010; has a master'
s degree in counseling or a related field; or has one year of
counseling experience, at least six months of which is in counseling
victims of domestic violence.
   (2) Has the minimum training for counseling victims of domestic
violence required by guidelines established by the employing agency
pursuant to subdivision (c) of Section 13835.10 of the Penal Code,
and is supervised by an individual who qualifies as a counselor under
paragraph (1).  The training, supervised by a person qualified under
paragraph (1), shall include, but not be limited to, the following
areas:  law, victimology, counseling techniques, client and system
advocacy, and referral services.



1037.2.  As used in this article, "confidential communication" means
information 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.  It 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.
   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.
   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.
   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.



1037.3.  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.


1037.4.  As used in this article, "holder of the privilege" means:
   (a) The victim when he or she has no guardian or conservator.
   (b) A guardian or conservator of the victim when the victim has a
guardian or conservator.


1037.5.  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 if the privilege is claimed
by any of the following persons:
   (a) The holder of the privilege.
   (b) A person who is authorized to claim the privilege by the
holder of the privilege.
   (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.



1037.6.  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.




1037.7.  As used in this article, "domestic violence" means
"domestic violence" as defined in Section 6211 of the Family Code.



1037.8.  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.