Fla. Stat. § 90.5036 — Domestic violence advocate-victim privilege

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(1) For purposes of this section:

  1. (a) A “domestic violence center” is any public or private agency that offers assistance to victims of domestic violence...
  2. (b) A “domestic violence advocate” means any employee or volunteer who has 30 hours of training in assisting victims of domestic violence and is an employee of or volunteer for a program for victims of domestic violence...
  3. (c) A “victim” is a person who consults a domestic violence advocate for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by an act of domestic violence...
  4. (d) A communication between a domestic violence advocate and a victim is “confidential” if it relates to the incident of domestic violence for which the victim is seeking assistance and if it is not intended to be disclosed to third persons...

(2) A victim has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made by the victim to a domestic violence advocate or any record made in the course of advising, counseling, or assisting the victim...This privilege includes any advice given by the domestic violence advocate in the course of that relationship.

(3) The privilege may be claimed by:

  1. (a) The victim or the victim’s attorney on behalf of the victim.
  2. (b) A guardian or conservator of the victim.
  3. (c) The personal representative of a deceased victim.
  4. (d) The domestic violence advocate, but only on behalf of the victim. The authority of a domestic violence advocate to claim the privilege is presumed in the absence of evidence to the contrary.

Purpose of the Privilege: This rule is designed to protect victims of domestic violence and to encourage them to seek support and counseling. By making their communications with advocates confidential, the law helps ensure victims can speak freely without concern that their private discussions will be disclosed in court.

Who is Protected?

The privilege applies to communications between a "victim" of domestic violence and a "domestic violence advocate" who has completed specialized training and works or volunteers for a recognized domestic violence center.

What is Protected?

The privilege protects confidential communications and records made while the victim was seeking advice, counseling, or assistance related to the domestic violence incident. This creates a safe space for victims to discuss their situation and options.

Who Can Claim the Privilege?

The privilege belongs to the **victim**. The advocate can claim it on the victim's behalf, but the victim holds the power to decide whether to waive the protection and allow the communication to be disclosed.

§ 90.5035 § 90.5037
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