Rule 1037.4 As used in this article, “holder of the privilege” means: (a) The victim when he or she has no guardian or conservator.

This rule explains who gets to decide whether private information shared with a domestic violence counselor stays private. That person is called the "holder of the privilege."

Usually, the victim holds this privilege and can choose whether to keep that information confidential. But if the victim has a guardian or conservator, that person takes over the role and makes that decision instead. There is one important exception: if the guardian or conservator is the one accused of committing the domestic violence, they do not get to hold the privilege.

This prevents an abuser from using a legal role like guardian to control or access a victim's private counseling information.