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Q. Can a victim of sexual assault/rape request an HIV test?
A. California Penal Code §1524.1 provides that a victim may request an HIV test, and the court may order a search warrant to test the accused blood if the court finds probable cause to believe that the accused committed the offense and that the blood or other bodily fluids have been transferred from the accused to the victim. The Code provides that the local health officer (usually from county health services) shall make provisions for all tests ordered.

Q. How is child custody effected by parental conviction for domestic violence?
A. California Family Code §3020 provides  that a court order regarding custody of the child shall always ensure the health, safety and welfare of the child and all other family members. This section further states that all custody determinations by a court shall be made in the best interest of the child. California Family Code §3044 establishes a presumption that giving sole or joint custody to a parent who has been convicted of domestic violence is not in the best interests of the child. This section also sets forth a number of factors a court may consider in determining whether a parent has overcome this presumption, for example, whether the abuser has completed a batterer's program and/or drug and alcohol counseling.

Q. Does a victim of domestic violence have a right to police incident reports?
A. California Family Code §6228 provides that a victim of domestic violence has a right to a copy of all domestic violence incident reports and/or all incident report face sheets, at no charge to the victim. Depending on the jurisdiction, an incident report may or may not state which party was the victim of abuse. However, according to California Penal Code §13701(b), officers responding to a domestic violence call are to identify a primary aggressor, which would make the nonaggressor the "victim." A victim also has a right under California Government Code §6254(f) to police reports that formally charge a suspected perpetrator.

Q. Does the Crime Victims Compensation Program help with a victims' relocation costs?
A. Yes and no. Recent amendments to California Government Code §13965 provide that victims of domestic violence and sexual assault may qualify for assistance in relocating if their application to the Crime Victims Compensation Program is otherwise approved and they have a statement by a law enforcement officer or mental health provider that, for the victims' safety or mental well being, relocation is advisable. 

Q. Can a minor appear in court regarding a restraining order without a guardian or counsel?
A. California Code of Civil Procedure §372 (b)(1) states that a minor who is 12 years or older may appear in court without a guardian or counsel where the minor is requesting or opposing a request for a temporary restraining order involving, but not limited to, harassment or credible threats of violence.

Q. Must a restitution order be made at a convicted perpetrator's sentencing, and if a restitution order is not made, can the sentence be modified later?
A. California Penal Code §1202.4 requires that a court  must generally make a restitution order any time a crime has caused economic loss to the victim, unless it finds compelling and extraordinary reasons for not doing so,  California Penal Code §1202.4 (f)(1) authorizes the court to modify a restitution order on the motion of any party involved. Although there does not appear to be a code section directly on point, the California Appeals Court, in People v. Rowland, (1975) 51 Cal.App.4th 1475, upheld a lower court's ruling to invalidate and vacate a sentence where the sentence failed to include any restitution to the victim. The new sentence awarding the victim restitution was upheld. Therefore, when a judge fails to award the victim restitution the defendant may be represented and the restitution order added later.

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