Interstate Enforcement of Domestic Violence Protection Orders

Division 10, Part 5 of the California Family Code deals with prevention of domestic violence and the “Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.” Section 6400 specifies that this part is cited as the formal act.

Section 6401 defines the following terms: “foreign protection order,” “issuing state,” “mutual foreign protection order,” “protected individual,” “protection order, “respondent,” “state,” and “tribunal.”

Section 6402 states that a person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The tribunal is required to enforce the terms of the order, including terms that provide relief that a tribunal of this state would lack power to provide but for this section. The tribunal must enforce the order, whether the order was obtained by independent action or in another proceeding. And, in a proceeding to enforce a foreign protection order, the tribunal must follow the procedures of this state for the enforcement of protection orders.

However, a tribunal of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order. A tribunal of this state is required to enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.

In addition, a foreign protection order is valid if it meets all of the four specified criteria. A foreign protection order valid on its face is prima facie evidence of its validity. Absence of any of the criteria for validity of a foreign protection order is an affirmative defense I n an action seeking enforcement of the order. Finally, a tribunal of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if both of the specified requirements are true.

Section 6403 requires a law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, to enforce the order as if it were the order of a tribunal of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists.

If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer is required to inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order. Verbal notice of the terms of the order is sufficient notice for the purposes of this section.

Section 6404 requires a foreign protection order, upon request of the person in possession of the order, to be registered with a court of this state in order to be entered in the California Restraining and Protective Order System. The Judicial Council was required to adopt rules of court to do two required items.

Section 6405 provides that there is no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a peace officer who makes an arrest pursuant to a foreign protection order that is regular upon its face, if the peace officer, in making the arrest, acts in good faith and has reasonable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order.

Section 6406 states that a protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.

Section 6407 requires, when applying and construing this part, consideration is to be given to the need to promote uniformity of the law with respect to its subject matter among states that also have adopted the act.

Section 6408 provides a severability clause.