Part 6Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act
Section § 6450
This law can be referred to as the act focusing on recognizing and enforcing domestic violence protection orders from Canada in California.
Section § 6451
This law section explains terms related to recognizing and enforcing Canadian domestic violence protection orders in the U.S. state context. It defines key concepts such as what constitutes a Canadian domestic violence protection order, a domestic protection order, and the roles of respondents, protected individuals, and law enforcement officers. The definitions include the scope of prohibited actions like proximity and contact restrictions, as well as terminology for courts, records, and entities involved.
Section § 6452
This law explains how police officers in California should handle Canadian domestic violence protection orders. If they believe such an order exists and has been broken, they must enforce it as if it were a California order. The officer doesn't need a certified copy of the order to take action. Officers can rely on any presented record of the order that clearly identifies both the protected person and the respondent, or they can consider other information to confirm the order. If the respondent hasn't been notified about the order, the officer must inform the protected person of efforts to notify the respondent while ensuring their safety. Officers should also inform protected individuals of local victim services that they can access.
Section § 6453
This law explains how California tribunals can enforce or choose not to enforce Canadian domestic violence protection orders. It allows certain people, like those protected by the order or respondents, to apply for enforcement. To be enforceable, the Canadian order must clearly identify the people involved, still be valid, come from a court that had proper authority, and have given the respondent fair notice and a chance to speak. If the order looks valid at first glance, it’s assumed enforceable. However, if someone claims it doesn’t meet requirements, that's their defense in court. If the order doesn't meet the criteria, the tribunal can declare it unenforceable. This section also covers situations where both parties in the order are both protected and respondents, but only if the original court recognized them both as main aggressors who weren’t defending themselves.
Section § 6454
This law explains how someone can register a Canadian domestic violence protection order in California. To do so, the individual must bring a certified copy of the order to a California court for it to be recorded in the state's official system, and no fee will be charged for registering this order. Importantly, while registration in California is an option, it is not a requirement for the protection order to be enforced in the state.
Section § 6455
Police officers in California can't be sued for false arrest or imprisonment if they arrest someone based on a Canadian domestic violence protection order that appears valid. The officer must believe in good faith that the person knew about the order and broke it. However, this protection does not cover cases where the officer uses excessive force. Other legal protections for officers may still apply.
Section § 6456
If someone is looking for a solution under this specific law, they are also allowed to look for other legal solutions or fair outcomes at the same time.
Section § 6457
If someone has multiple protective orders involving the same people, the rules for which one gets enforced first depend on the type. Cops should enforce emergency protective orders first because they have top priority. If there's no emergency order but a no-contact order is in place, then that's next in line to be enforced. For civil orders without an emergency or no-contact order, the latest one issued is given priority. If both civil and criminal orders exist for the same people without an emergency or no-contact order, the latest criminal order should be enforced first.
Section § 6458
This law section tweaks how California can use electronic signatures, but it doesn't change certain parts of the federal rules about them, especially in terms of delivering specific kinds of important notices electronically.
Section § 6459
This law explains that any Canadian domestic violence protection order, regardless of when it was issued or violated, as long as it is connected to actions for enforcement started after January 1, 2018, has to be handled according to the rules in this section.
Section § 6460
If one part of this law is found to be invalid or not applicable in certain situations, it doesn't affect the rest of the law. Other parts can still work without the problematic section, as the law is designed in separate, independent parts.