(a) Notwithstanding the provisions of this chapter, and in accordance with federal law, upon the request of a victim of domestic violence who is seeking a domestic violence restraining order, a judge issuing the order may include a provision in the order that permits the victim to record any prohibited communication made to him or her by the perpetrator.

(b) Notwithstanding the provisions of this chapter, and in accordance with federal law, a victim of domestic violence who is seeking a domestic violence restraining order from a court, and who reasonably believes that a confidential communication made to him or her by the perpetrator may contain evidence germane to that restraining order, may record that communication for the exclusive purpose and use of providing that evidence to the court.

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Terms Used In California Penal Code 633.6

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.

(c) The Judicial Council shall amend its domestic violence prevention application and order forms to incorporate the provisions of this section.

(Amended by Stats. 2017, Ch. 191, Sec. 2. (AB 413) Effective January 1, 2018.)

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