SUPPORT PERSON

Support Person; is someone that will walk with a victim to and from Court and emotionally support the victim.

Many of Building Up Lives Foundation’s volunteers have LIVED it already. They have been through tragic issues..Building Up Lives Foundation tries to match you with a Support Person WHO has been in your shoes.

IN DOMESTIC VIOLENCE CASES:

 It is Building Up Lives Foundations function of a “support person” to provide moral and emotional support for a person who alleges he or she is a victim of domestic violence.

 FAM 6303; The support person shall assist the person in feeling more confident that he or she will not be injured or threatened by the other party during the proceedings where the person and the other party must be present in close proximity.

The support person is not present as a legal adviser and shall not give legal advice.

California LAW SAYS:

 A support person shall be permitted to accompany either party to any proceeding to obtain a protective order, as defined in Section 6218 (Protective order). Where the party is not represented by an attorney, the support person may sit with the party at the table that is generally reserved for the party and the party’s attorney. Notwithstanding any other provision of law to the contrary, if a court has issued a protective order, a support person shall be permitted to accompany a party protected by the order during any mediation orientation or mediation session, including separate mediation sessions, held pursuant to a proceeding described in Section 3021.

 Family Court Services, and any agency charged with providing family court services, shall advise the party protected by the order of the right to have a support person during mediation.

A mediator may exclude a support person from a mediation session if the support person participates in the mediation session, or acts as an advocate, or the presence of a particular support person is disruptive or disrupts the process of mediation.

 The presence of the support person does not waive the confidentiality of the mediation, and the support person is bound by the confidentiality of the mediation.

In a proceeding subject to this section, a support person shall be permitted to accompany a party in court where there are allegations or threats of domestic violence and, where the party is not represented by an attorney, may sit with the party at the table that is generally reserved for the party and the party’s attorney. (CALIF LAW)

679.05.  

CRIMINAL (a) A victim of domestic violence or abuse, as defined in Sections 6203 or 6211 of the Family Code, or Section 13700 of the Penal Code, has the right to have a domestic violence advocate and a support person of the victim’s choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. However, the support person may be excluded from an interview by law enforcement or the prosecutor if the law enforcement authority or the prosecutor determines that the presence of that individual would be detrimental to the purpose of the interview. As used in this section, “domestic violence advocate” means either a person employed by a program specified in Section 13835.2 for the purpose of rendering advice or assistance to victims of domestic violence, or a domestic violence counselor, as defined in Section 1037.1 of the Evidence Code. Prior to being present at any interview conducted by law enforcement authorities, prosecutors, or defense attorneys, a domestic violence advocate shall advise the victim of any applicable limitations on the confidentiality of communications between the victim and the domestic violence advocate.

(b) (1) Prior to the commencement of the initial interview by law enforcement authorities or the prosecutor pertaining to any criminal action arising out of a domestic violence incident, a victim of domestic violence or abuse, as defined in Section 6203 or 6211 of the Family Code, or Section 13700 of this code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a domestic violence advocate and a support person of the victim’s choosing present at the interview or contact. This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.

(2) At the time the victim is advised of his or her rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a domestic violence advocate and a support person present at any interview by the defense attorney or investigators or agents employed by the defense attorney.

(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects shall not constitute a law enforcement interview for purposes of this section.

If you are interested in volunteering to assist Victims to Court. Please email JulsLoveAnna@gmail.com

Building Up Lives Foundation, offers the information on this website as a service to internet users and our members. Although the information on this site is about legal issues and informational services, it is not legal advice.

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