Part 5UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT
Section § 6400
This section means that this part of the law is officially called the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, and it deals with how domestic violence protection orders are enforced across state lines.
Section § 6401
This law section defines important terms related to protection orders involving domestic violence, family violence, and antistalking. It explains who the 'protected individual' is, who the 'respondent' is, and what a 'foreign protection order' entails, which is an order issued by another state's court. It also clarifies what a 'mutual foreign protection order' includes, the meaning of 'issuing state,' and what entities qualify as a 'tribunal' to make such orders. Additionally, 'state' here refers to various U.S. territories and entities, including Indian tribes and military branches, that can issue protection orders.
Section § 6402
If you're looking to enforce a protection order from another state (a foreign protection order) in California, you can do so as long as it meets certain criteria. The order must identify the parties involved, be currently active, have been issued by a court with authority, and provide the respondent a chance to present their case. California courts will enforce these orders, including those covering custody and visitation, as long as they were issued according to proper procedures in the issuing state. If an order appears valid, it is generally accepted as such unless proven otherwise. However, if you're a respondent seeking to enforce mutual orders in your favor, you must have specifically requested protection in the initial case and had favorable findings from the original court.
Section § 6403
This law states that if a police officer in California believes there is a valid protection order from another area, they should enforce it as they would a local order. Seeing the order on paper or electronically is usually enough proof that it's valid. The officer does not need a certified copy to enforce it. If the protection order isn't shown to the officer, they can use other information to decide if it's valid. If the person it's against hasn't been told about the order, the officer should tell them about it, try to give them a copy, and give them a chance to follow it. You don't need to register the order in California for it to be enforced.
Section § 6404
If you have a protection order from another state or country, you can register it in California so that it becomes part of the state's protective order system. The Judicial Council will establish rules on how to do this, including keeping such orders confidential and accessible only to the right parties, like law enforcement and the person who registered it. You don't have to pay anything to register your foreign protection order, and you'll get any necessary forms for free.
Section § 6405
This law protects police officers from civil lawsuits if they arrest someone based on a foreign protection order, as long as the order seems valid and the officer acts in good faith, believing the person was aware of the order and violated it. If multiple protective orders exist, officers must prioritize emergency protective orders first, followed by no-contact orders, and lastly, the most recent order issued. However, officers can still be liable if they use unreasonable force while enforcing these orders. Other legal protections and immunities for officers may still apply.
Section § 6406
If you're protected under this section and take legal action, you can still go after other legal options against the person causing you harm.
Section § 6407
Section § 6408
This section says that if one part of the law is found to be invalid or doesn't apply to a particular person or situation, the rest of the law is still valid. Basically, the parts of the law can stand on their own even if a piece of it doesn't work.
Section § 6409
This section deals with protection orders issued and actions for enforcing protection orders that started before January 1, 2002. If someone wants to enforce a foreign protection order for something that happened before 2002, they must follow the rules in this section.