Evidence Code section 1037.5

A victim of domestic violence, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a domestic violence counselor in any proceeding specified in Section 901 if the privilege is claimed by any of the following persons:

(a)

The holder of the privilege.

(b)

A person who is authorized to claim the privilege by the holder of the privilege.

(c)

The person who was the domestic violence counselor at the time of the confidential communication. However, that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.

Source: Section 1037.5, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=1037.­5.­ (updated Jan. 1, 2008; accessed Jul. 7, 2025).

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Verified:
Jul. 7, 2025

§ 1037.5's source at ca​.gov