Rule 5.215. Domestic violence protocol for Family Court Services

(a) Authority This rule of court is adopted under Family Code sections 211, 1850(a), and 3170(b).

(b) Purpose This rule sets forth the protocol for Family Court Services’ handling of domestic violence cases consistent with the requirement of Family Code section 3170(b).

(c) Definitions

(1) “Domestic violence” is used as defined in Family Code sections 6203 and 6211.

(2) “Protective order” is used as defined in Family Code section 6215, “Emergency protective order”; Family Code section 6218, “Protective order”; and Penal Code section 136.2 (orders by court). “Domestic violence restraining order” is synonymous with “protective order.”

(3) “Mediation” refers to proceedings described in Family Code section 3161.

(4) “Evaluation” and “investigation” are synonymous terms.

(5) “Family Court Services” refers to court-connected child custody services and child custody mediation made available by superior courts under Family Code section 3160.

(6) “Family Court Services staff” refers to contract and employee mediators, evaluators, investigators, and counselors who provide services on behalf of Family Court Services.

(7) “Differential domestic violence assessment” is a process used to assess the nature of any domestic violence issues in the family so that Family Court Services may provide services in such a way as to protect any victim of domestic violence from intimidation, provide services for perpetrators, and correct for power imbalances created by past and prospective violence.

(d) Family Court Services: Description and duties

(1) Local protocols

(2) Family Court Services duties relative to domestic violence cases

(A) Identify cases in Family Court Services that involve domestic violence, and code Family Court Services files to identify such cases;

(B) Make reasonable efforts to ensure the safety of victims, children, and other parties when they are participating in services provided by Family Court Services;

(C) Make appropriate referrals; and

(D) Conduct a differential domestic violence assessment in domestic violence cases and offer appropriate services as available, such as child custody evaluation, parent education, parent orientation, supervised visitation, child custody mediation, relevant education programs for children, and other services as determined by each superior court.

(3) No negotiation of violence

(4) em] Domestic violence restraining orders

(5) Providing information

(6) Separate sessions

(7) Referrals

(8) Community resources

(e) Intake

(1) Court responsibility

(2) Intake form

(3) Review of intake form and case file

(f) Screening

(1) Identification of domestic violence

(2) Procedures for identification

(3) Context for screening

(g) Safety issues

(1) Developing a safety plan

(2) Safety procedures

(3) Confidential addresses

(h) Support persons

(1) Support person

(2) Excluding support person

(i) Accessibility of services To effectively address domestic violence cases, the court must make reasonable efforts to ensure the availability of safe and accessible services that include, but are not limited to:

(1) Language accessibility

(2) Facilities design

(j) Training and education

(1) Training, continuing education, and experience requirements for Family Court Services staff

(2) Advanced domestic violence training

(3) Support staff

Committee Notes

(Subd (a) amended effective January 1, 2007.)

(Subd (c) amended effective January 1, 2003.)

(Subd (d) amended effective January 1, 2016; previously amended effective January 1, 2003.)

(Subd (g) amended effective January 1, 2007.)

(Subd (h) amended effective January 1, 2003.)

(Subd (j) amended effective January 1, 2003.)