(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or other law enforcement authority with jurisdiction, and at least until such time as the report or complaint is withdrawn, the prosecuting authority has made a determination not to pursue criminal charges, or the prosecuting authority has concluded its prosecution of the matter.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)
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