5.5Domestic Violence Victim Advocates

Under MCL 600.2950c(1), a court may provide a domestic violence victim advocate to assist a petitioner in obtaining a PPO:

“The family division of the circuit court in each county may provide a domestic violence victim advocate to assist victims of domestic violence in obtaining a [PPO]. The court may use the services of a public or private agency or organization that has a record of service to victims of domestic violence to provide the assistance. A domestic violence victim advocate may provide, but is not limited to providing, all of the following assistance:

(a) Informing a victim of the availability of, and assisting the victim in obtaining, serving, modifying, or rescinding, a [PPO].

(b) Providing an interpreter for a case involving domestic violence including a request for a [PPO].

(c) Informing a victim of the availability of shelter, safety plans, counseling, other social services, and generic written materials about Michigan law.”

“To the extent not protected by the immunity conferred by . . . MCL 691.1401 to [MCL] 691.1415, and individual other than a court employee who provides assistance under [MCL 600.2950c] is presumed to be acting in good faith and is not liable in a civil action for damages for acts or omissions in providing the assistance, except acts or omissions amounting to gross negligence or willful and wanton misconduct.” MCL 600.2950b(5). Domestic violence victim advocates rendering assistance in accordance with MCL 600.2950c do not violate statutory prohibitions against the unauthorized practice of law. MCL 600.916(2); MCL 600.2950c(3). In addition, a victim advocate who provides assistance to a victim “in accordance with the address confidentiality program act,” MCL 780.851 et seq.,¹ does not violate the prohibition against the unauthorized practice of law. MCL 600.916(3).

A domestic violence victim advocate is not authorized to “represent or advocate for a domestic violence victim in court.” MCL 600.2950c(2).