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Additional Rights of Victims of Domestic Violence

Additional Rights of Victims of Domestic Violence

A. Family Code § 6211, Evidence Code § 1037.7: Definition of domestic violence.

B. Evidence Code § 1037.1: Definition of domestic violence counselor.

C. Evidence Code § 1037.2: Domestic violence victim – counselor privilege.

D. Labor Code § 230: Prohibits an employer from discharging, discriminating, or retaliating against a victim of domestic violence who takes time off to appear in court, attend counseling, make shelter arrangements, or undertake procedures for his/her safety.

E. Government Code § 6205 et. Seq.: Address confidentiality for victims of domestic violence and Stalking Program (administered by the Secretary of State).

F. Penal Code § 13730: Right to have law enforcement agency prepare a written incident report for all domestic violence-related calls.

G. Penal Code § 264.2(a): Duty of law enforcement officer to immediately provide a domestic violence victim with the “Victims of Domestic Violence” card.

H. Penal Code § 12028.5: Authorizes peace officer to take temporary custody of firearm at scene of domestic violence.

I. Penal Code § 13710: Right to have law enforcement serve the offender with a restraining order at the scene of a domestic violence incident or anytime the offender is in custody.

J. Family Code § 6228: Right to police report free of charge within 5 working days upon request.

K. Family Code § 6342: Court may order restitution for any out-of-pocket expense incurred as a result of abuse.

L. Penal Code § 1377: Prohibits civil compromise in misdemeanor cases involving violations of domestic violence protective orders.

M. Family Code § 6303: Right to have support person in court throughout appearance, including mediation.

N. Penal Code § 679.05: Right of victim of domestic violence or abuse to have domestic violence counselor and support person present at interviews with law enforcement, District Attorney, or defense attorney.

O. Penal Code § 1346.1: Prosecution may request a domestic violence or spousal rape victim’s testimony be videotaped.

P. Health and Safety Code § 1374.75: Prohibits health care providers from denying, refusing, canceling, or charging a different rate to a victim of domestic violence.

Q. Insurance Code § 10144.2: Prohibits a disability insurer from denying, refusing, canceling, or charging a different rate to a victim of domestic violence.

R. Insurance Code § 10144.3: Prohibits an insurer from denying or canceling a policy because the victim is a victim of domestic violence.

S. Penal Code § 3003: Prohibits an inmate convicted of stalking to be released within 35 miles of the victim’s residence or place of employment.

T. Penal Code § 646.92: Right to notification of release or escape from prison/jail after conviction upon request of victim.

U. Penal Code § 646.93: Right to learn custody status of defendant prior to conviction. Call VINE at 1 – (800) 721-8021 or www.ocsd.org.

V. Penal Code § 646.93: Right to be heard at bail reduction hearing.


 

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