Can a victim of domestic violence seek protective order for the support person to accompany during the proceedings?
Full Question:
My husband and I got married seven years ago, and we were living together in California. My husband had been physically abusing me for the last few years. Therefore, I moved out of our family home and am now living separately. However, my husband started coming to my apartment and threatening me. Therefore I approached the court and got a protective order. I also have a support person to help me. Can the support person accompany me during mediation proceedings?
12/01/2016 |
Category: Domestic Violence |
State: California |
#27407
Answer:
Per California Family Code §6303:
“a) ***
(b) ***
(c) 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.
(d) ***
(e) ***”
Therefore, as you have obtained a protective order from the court, the support person you have chosen may be permitted to accompany you during any mediation sessions.
