Definitions. | |
Recommendations Regarding Right to Domestic Violence Civil Counsel Pilot Program. | |
Right to Domestic Violence Civil Counsel Pilot Program Funding, Administration, and Evaluation. | |
Provision of Civil Legal Representation for Victims of Domestic Violence. |
For purposes of this Chapter 58A, the following definitions apply:
“Domestic Violence” has the meaning set forth in Section 6211 of the California Family Code, as may be amended from time to time.
“Domestic Violence Victim” means a person against whom an act of Domestic Violence has been perpetrated.
(Added by Proposition D, 6/7/2022, Eff. 7/10/2022)
No later than three months after the Director of the Office of Victim and Witness Services (the “Director” of the “Office”) is appointed, or by January 1, 2023, whichever is sooner, the Office shall introduce at the Board of Supervisors an ordinance setting forth recommendations regarding the creation of a San Francisco Right to Domestic Violence Civil Counsel Pilot Program (“Pilot Program”) to be administered by the Office and to take place for one year in Fiscal Year 2023-2024.
(Added by Proposition D, 6/7/2022, Eff. 7/10/2022)
(a) It shall be City policy that, consistent with the legislative, budgetary, and fiscal provisions of the Charter, in Fiscal Year 2023-2024, the City’s fiscal commitment to the Pilot Program shall be limited to the cost of staff support for program coordination among the City, the Superior Court, non-profit organizations, and others involved in the Pilot Program. The legal services provided under the Pilot Program shall be provided by pro bono and legal services attorneys, under the direction of the Office.
(b) Prior to the commencement of the Pilot Program, the Director shall develop a work plan and a process for independent evaluation of the Pilot Program, and shall coordinate among all parties involved in the Pilot Program to ensure that all such parties participate in the evaluation. The Director shall submit this evaluation to the Board of Supervisors within four months of completion of the Pilot Program. The evaluation shall include the following: (a) analysis of data collected regarding the impact of the Pilot Program on demand for City services; (b) feedback from Domestic Violence Victims; (c) assessment of the effectiveness of the Pilot Program in improving outcomes for Domestic Violence Victims, and assessment of whether there is a continued need for the Pilot Program; and (d) strategies and recommendations for maximizing the benefit of civil legal services for Domestic Violence Victims in the future. If the evaluation finds that the Pilot Program is generally successful, the Office shall, within six months of completion of the Pilot Program, introduce an ordinance at the Board of Supervisors to request that the Board consider extending, expanding, and/or making permanent the work of the Pilot Program.
(Added by Proposition D, 6/7/2022, Eff. 7/10/2022)
(a) Provision of legal representation. Consistent with the legislative, budgetary, and fiscal provisions of the Charter, the City shall establish and operate a program, under the direction of the Office, to provide Domestic Violence Victims with legal representation in civil legal matters addressing the impacts of Domestic Violence at no direct cost to the Domestic Violence Victims. This free legal representation shall be available to any Domestic Violence Victim (1) who resides in the City regardless of the location of the Domestic Violence incident, or (2) is the victim of a Domestic Violence incident in the City regardless of whether the Domestic Violence Victim resides in the City, provded1
that the victim has filed a report of Domestic Violence with the San Francisco Police Department or other law enforcement authority with jurisdiction, and at least until such time as the report or complaint is withdrawn, the prosecuting authority has made a determination not to pursue criminal charges, or the prosecuting authority has concluded its prosecution of the matter. This free legal representation shall also be available to any person who resides in the City and has either sought a restraining order based on fear of Domestic Violence within the prior year, or has obtained a restraining order based on fear of Domestic Violence that has been in effect within the prior year.
(b) Implementation. The Office shall promptly take all necessary steps to fully implement the provisions of this Section as soon as practicable, but not later than January 1, 2025. The City shall have no obligation to provide legal representation under this Section where a state or federal program already provides civil legal representation to a Domestic Violence Victim with respect to the particular Domestic Violence-related matter or matters for which the victim is seeking representation.
(c) For the purposes of this Chapter 58A, the term “legal representation” shall mean civil legal representation provided to a Domestic Violence Victim by an organization or attorney as needed to protect the Domestic Violence Victim, the victim’s minor children, and the victim’s assets and/or property from the perpetrator of a Domestic Violence incident or incidents reported as set forth in Section 58A.4(a) above, in civil legal proceedings including but not limited to securing and enforcing restraining orders against the perpetrator(s) of the reported incident(s), child custody and visitation, child support, marital dissolution, immigration, housing, and consumer rights. The Office may limit the scope and duration of legal representation provided under this Section 58A.4 as reasonably necessary based on the Office’s assessment of available resources and areas of most urgent need.
(Added by Proposition D, 6/7/2022, Eff. 7/10/2022)
CODIFICATION NOTE