What Is Marsy's Law? A California Victim's Rights Guide

If you've been the victim of domestic violence, assault, or another crime in California, you have constitutional rights — not just privileges that prosecutors can grant or take away. Those rights come from Marsy's Law, and most survivors have no idea they exist or how to use them.

This guide explains what Marsy's Law is, every right it gives you, how to enforce those rights, and what to do when the system ignores them.

What Is Marsy's Law?

Marsy's Law is the informal name for California Proposition 9, passed in November 2008. It amended Article I, Section 28 of the California Constitution to give crime victims a set of rights that are constitutionally enforceable — meaning courts, prosecutors, and law enforcement are legally required to honor them.

The law is named after Marsalee "Marsy" Nicholas, a UC Santa Barbara student who was stalked and murdered in 1983 by her former boyfriend. A week after her death, Marsy's mother and brother encountered her killer at a grocery store — because no one had told them he'd been released on bail. Marsy's brother, Henry Nicholas, spent decades advocating for victims' notification rights before the law passed.

Before Marsy's Law, California had some victim protections — but they were statutory, meaning the Legislature could weaken or ignore them. Embedding these rights in the state constitution gave them the same legal weight as the defendant's rights to a fair trial and due process.

Who Marsy's Law covers: Any person who is a direct victim of a felony offense. This includes domestic violence survivors, sexual assault survivors, and victims of stalking, trafficking, and other violent crimes. In some cases, family members of homicide victims are also covered.

Your Rights Under Marsy's Law

Here is every right Marsy's Law guarantees you as a California crime victim:

1. Right to Be Notified

You must be notified of all significant events involving your case — including arrest, arraignment, bail hearings, plea negotiations, trial dates, sentencing, and any release from custody. This also includes parole hearings and any reduction in sentence.

To receive these notifications, register with your county District Attorney's Victim Services unit or with the California Victim Compensation Board's automated notification system (VINE — the Victim Information and Notification Everyday program at vinelink.com). You must proactively register — the system won't find you.

2. Right to Be Present at All Hearings

You cannot be excluded from court proceedings the way ordinary witnesses sometimes are under evidence sequestration rules. You have the right to attend and be present for any hearing in your case — preliminary hearings, trial, sentencing, and parole proceedings — even if you are expected to testify.

3. Right to Be Heard

At sentencing and parole hearings, you have the constitutional right to address the judge or parole board directly with a victim impact statement. This can cover how the crime has affected your physical and mental health, relationships, ability to work, finances, housing stability, and sense of safety. The court must allow you to speak. Your statement is part of the official record.

4. Right to Refuse Defense Interviews

You have the right to refuse an interview, deposition, or discovery request from the defendant or their attorney. The defense cannot compel you to speak with them, submit to questioning outside of court, or provide records — without a court order. You are not required to cooperate with the defense.

This is one of the most commonly violated rights. If the defense sends you a subpoena for deposition or a demand for records, contact the prosecutor assigned to your case immediately. You may also want to speak with a Marsy's Law attorney — see our attorney directory for attorneys who handle victim rights enforcement.

5. Right to Reasonable Protection

Law enforcement and the courts must take reasonable steps to protect you from the defendant throughout the criminal process. This includes not disclosing your home address, workplace, or contact information to the defendant or defense counsel without court approval. It also includes the right to request that the court impose protective conditions on the defendant's release (no-contact orders, stay-away orders).

If you feel unsafe because of information that has been shared or a lack of protection conditions, tell the prosecutor and ask them to file for a protective order.

6. Right to Restitution

If the defendant is convicted, the court is required by law to order restitution for your losses. Restitution is mandatory — not at the judge's discretion. It covers:

• Medical and mental health treatment costs
• Lost wages and income
• Property damage or theft
• Relocation expenses
• Emergency shelter costs
• Cost of replacing locks, phones, or safety equipment

You should provide a detailed accounting of your losses to the prosecutor before sentencing. The DA's Victim Services unit can often help you compile this. If restitution is not ordered or the amount is too low, you have the right to challenge it.

7. Right to a Speedy Trial

Your case must be resolved without unreasonable delay. Defendants cannot use continuance requests to drag out cases in ways that harm victims — courts must consider the victim's interest in a prompt resolution when evaluating delay requests.

8. Right to Privacy of Records

Your personal information has heightened protection in domestic violence and sexual assault cases. Your address, medical records, immigration status, and mental health history cannot be disclosed to the defendant without specific court approval. Defense attorneys who attempt to obtain this information through informal requests have no right to it.

How to Enforce Your Marsy's Law Rights

Rights that aren't enforced are just words. Here's how to actually use them:

1. Register for notifications immediately. Contact the DA's Victim Services unit in your county as soon as a case opens. Get the name and direct phone number of the victim advocate assigned to your case. If you're not assigned one, ask for one — you're entitled to it.
2. Put everything in writing. If you need to assert a right (refusing a defense interview, requesting a protective condition, asking to speak at sentencing), submit your request in writing to the prosecutor and keep a copy.
3. Attend hearings. Show up. The prosecutor must represent the state's interest, not just yours — your physical presence at hearings communicates that you are engaged and that victim rights matter in this case.
4. Ask questions. If you don't understand what's happening in the case — a plea deal being offered, a hearing being continued, a protective order not being sought — ask the prosecutor directly. You have the right to confer with the prosecution about the case.
5. Get an attorney if your rights are being violated. Many Marsy's Law attorneys work on contingency for rights enforcement cases. See our directory and our guide on finding a free DV lawyer in California.

When Your Rights Are Being Violated

Marsy's Law violations are more common than they should be. Warning signs include:

• You weren't notified of a bail hearing and the defendant was released without your knowledge
• A plea deal was negotiated without anyone consulting you
• You were served with a defense subpoena demanding your deposition or medical records
• The prosecutor told you restitution "probably won't be ordered" without explaining why
• Your personal information was disclosed to the defendant's attorney
• You were excluded from a court hearing or told you couldn't attend

If any of this is happening, take these steps:

1. Contact the DA's Victim Services unit — This is your first call. Many violations are resolved when you clearly assert your rights to the prosecutor's office. Ask specifically which attorney is handling your case and send a written description of the violation.
2. Contact the supervising DA or victim rights ombudsperson — If the assigned prosecutor is unresponsive, escalate. Ask to speak with the unit supervisor or the office's victim rights coordinator.
3. Consult a Marsy's Law attorney — A civil attorney specializing in victim rights can file motions to enforce your constitutional rights, seek a writ of mandate requiring the court to comply, or pursue civil liability in some circumstances. Many work on contingency — use our attorney directory to find one near you.

Marsy's Law and Domestic Violence Cases

In domestic violence cases specifically, Marsy's Law intersects with civil protective orders, custody proceedings, and immigration status in ways that can be complex. A few important notes:

• Your right to refuse defense interviews is particularly critical in DV cases, where defense attorneys may try to use depositions to build contradictory testimony or access your therapy records.
• Restitution claims in DV cases can be substantial — economic abuse, lost employment, medical costs, property damage, and relocation expenses all qualify.
• If there's also a civil protective order (DVRO), your Marsy's Law rights in the criminal case and your DVRO are separate tracks. You should be pursuing both in parallel.

For a deeper look at your legal options as a DV survivor, including the civil protective order process, see our full legal resources page and explore the county-specific resources for your area.

How RightsReach Can Help

RightsReach was built specifically to help California survivors access the legal protection they're entitled to — including Marsy's Law rights enforcement.

Our free intake tool walks you through your situation in under 10 minutes. Based on your answers, we identify your legal options, flag potential Marsy's Law violations, prepare the relevant court forms, and connect you with attorneys in our network who specialize in victim rights — many of whom work on contingency and will review your case for free.

You don't need to navigate this alone, and you don't need money to get started.

If You're in Immediate Danger

Legal rights matter, but safety comes first. If you're in danger right now:

• National DV Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
• Crisis Text Line: Text HOME to 741741
• Emergency: 911