Section 6303 Of Chapter 1. General Provisions From California Family Law Code >> Division 10. >> Part 4. >> Chapter 1.
6303
. (a) It is the 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. The person who alleges that he or she is a
victim of domestic violence may select any individual to act as a
support person. No certification, training, or other special
qualification is required for an individual to act as a support
person. 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.
(b) A support person shall be permitted to accompany either party
to any proceeding to obtain a protective order, as defined in Section
6218. 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.
(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. 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.
(d) 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.
(e) Nothing in this section precludes a court from exercising its
discretion to remove a person from the courtroom when it would be in
the interest of justice to do so, or when the court believes the
person is prompting, swaying, or influencing the party protected by
the order.