Support Persons in Domestic Violence Cases – Family Code 6303

Asking a court for protection from someone who has hurt you is frightening, and California law recognizes that. California Code Family Code § 6303 allows a person seeking a domestic violence restraining order to bring a support person to the proceedings.

The support person may sit with the protected party at counsel table during the hearing and may accompany the party to mediation sessions with Family Court Services. The support person does not have to be a professional; a friend, family member or advocate from a domestic violence program qualifies. The person is there to provide moral and emotional support, and the court may not require the party to justify the choice.

There are limits. A support person is not a lawyer and may not advocate for the party, speak for the party, or give legal advice. The court can remove a support person who is disruptive. And if the support person is also a witness, the court may decide how to handle that so the support person’s testimony is not tainted by hearing others testify.

Having someone beside you changes the experience of a hearing more than most people expect. If you are seeking a restraining order, plan for who that will be.