Uniform enforcement of domestic violence protection orders in California

California has a number of formal acts in law. Family Code Division 10, Part 5 provides the Uniform Law for Interstate Enforcement of Domestic Violence Protection Orders, found in Sections 6400 through 6409. Part 5 was added in 2001 by the Chapter 816. Section 6400 names the law.

Section 6401 defines the following terms: “foreign protection order”; “Issuing State”; “foreign mutual protection order”; “protected person”; “protection order”; “respondent”; “State”; and “court”.

Section 6402 provides that a person authorized by the law of that state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a court of that state. The court is bound to enforce the terms of the order, including terms that provide relief that a court in that state would not have the power to provide but for this section.

A court in that state cannot enforce a foreign protection order issued by a court in a state that does not recognize a protected person’s ability to seek enforcement of the order. In addition, a court in that state is required to enforce the custody and access provisions of a valid foreign protection order, if the order was made in accordance with the jurisdictional requirements governing the issuance of custody and access orders. of visit in the issuing State.

A foreign protection order is valid if it meets all of the specified criteria. And, a prima facie valid foreign protection order is prima facie evidence of its validity. A court in that state can enforce provisions of a mutual foreign protection order that favor a defendant only if both of the specified criteria are true.

Section 6403 provides that a law enforcement officer of that state, if he or she determines that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, is bound to enforce the order as if it were the order of a court in that state.

If a foreign protection order is not filed, a law enforcement officer of that state may consider other information to determine whether there is probable cause to believe that a protection order foreign valid exists. Registration or filing of an order in that state is not required for the enforcement of a valid foreign protection order under this Part.

Section 6404 requires that a foreign protection order, at the request of the person in possession of the order, be registered with a court in that state in order to be entered into the California system of restraining orders and protection. The Judicial Council is required to adopt rules of procedure for this purpose. In addition, no fee can be charged for the registration of a foreign protection order.

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

Section 6406 provides that a protected person who pursues remedies under this Part is not precluded from pursuing other legal or equitable remedies against the defendant. Section 6407 requires consideration of the need to promote uniformity of law with respect to its subject matter among states that have also enacted the law.

Section 6408 provides a severability clause. Section 6409 provides that this part applies to protection orders made before January 1, 2002 and to continuing actions to enforce foreign protection orders initiated before January 1, 2002.

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