Section § 6450

Explanation

This law can be referred to as the act focusing on recognizing and enforcing domestic violence protection orders from Canada in California.

This part may be cited as the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act.

Section § 6451

Explanation

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.

In this part:
(a)CA Family Law Code § 6451(a) “Canadian domestic violence protection order” means a judgment or part of a judgment or order issued in English in a civil proceeding by a court of Canada under law of the issuing jurisdiction that relates to domestic violence and prohibits a respondent from doing any of the following:
(1)CA Family Law Code § 6451(a)(1) Being in physical proximity to a protected individual or following a protected individual.
(2)CA Family Law Code § 6451(a)(2) Directly or indirectly contacting or communicating with a protected individual or other individual described in the order.
(3)CA Family Law Code § 6451(a)(3) Being within a certain distance of a specified place or location associated with a protected individual.
(4)CA Family Law Code § 6451(a)(4) Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual.
(b)CA Family Law Code § 6451(b) “Domestic protection order” means an injunction or other order issued by a tribunal that relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to, another individual.
(c)CA Family Law Code § 6451(c) “Issuing court” means the court that issues a Canadian domestic violence protection order.
(d)CA Family Law Code § 6451(d) “Law enforcement officer” means an individual authorized by law of this state to enforce a domestic protection order.
(e)CA Family Law Code § 6451(e) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(f)CA Family Law Code § 6451(f) “Protected individual” means an individual protected by a Canadian domestic violence protection order.
(g)CA Family Law Code § 6451(g) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(h)CA Family Law Code § 6451(h) “Respondent” means an individual against whom a Canadian domestic violence protection order is issued.
(i)CA Family Law Code § 6451(i) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
(j)CA Family Law Code § 6451(j) “Tribunal” means a court, agency, or other entity authorized by law to establish, enforce, or modify a domestic protection order.

Section § 6452

Explanation

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.

(a)CA Family Law Code § 6452(a) If a law enforcement officer determines under subdivision (b) or (c) that there is probable cause to believe a valid Canadian domestic violence protection order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic violence protection order as if the terms were in an order of a tribunal of this state. Presentation to a law enforcement officer of a certified copy of a Canadian domestic violence protection order is not required for enforcement.
(b)CA Family Law Code § 6452(b) Presentation to a law enforcement officer of a record of a Canadian domestic violence protection order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists.
(c)CA Family Law Code § 6452(c) If a record of a Canadian domestic violence protection order is not presented as provided in subdivision (b), a law enforcement officer may consider other information in determining whether there is probable cause to believe that a valid Canadian domestic violence protection order exists.
(d)CA Family Law Code § 6452(d) If a law enforcement officer determines that an otherwise valid Canadian domestic violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order. Verbal notice of the terms of the order is sufficient for purposes of this subdivision.
(e)CA Family Law Code § 6452(e) If a law enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.

Section § 6453

Explanation

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.

(a)CA Family Law Code § 6453(a) A tribunal of this state may issue an order enforcing or refusing to enforce a Canadian domestic violence protection order on application of any of the following:
(1)CA Family Law Code § 6453(a)(1) A protected party or other person authorized by law of this state other than this part to seek enforcement of a domestic protection order.
(2)CA Family Law Code § 6453(a)(2) A respondent.
(b)CA Family Law Code § 6453(b) In a proceeding under subdivision (a), the tribunal of this state shall follow the procedures of this state for enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic violence protection order as described in subdivision (a) of Section 6451.
(c)CA Family Law Code § 6453(c) A Canadian domestic violence protection order is enforceable under this section if all of the following apply:
(1)CA Family Law Code § 6453(c)(1) The order identifies a protected individual and a respondent.
(2)CA Family Law Code § 6453(c)(2) The order is valid and in effect.
(3)CA Family Law Code § 6453(c)(3) The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court.
(4)CA Family Law Code § 6453(c)(4) The order was issued after either of the following:
(A)CA Family Law Code § 6453(c)(4)(A) The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order.
(B)CA Family Law Code § 6453(c)(4)(B) In the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process.
(d)CA Family Law Code § 6453(d) A Canadian domestic violence protection order valid on its face is prima facie evidence of its enforceability under this section.
(e)CA Family Law Code § 6453(e) A claim that a Canadian domestic violence protection order does not comply with subdivision (c) is an affirmative defense in a proceeding seeking enforcement of the order. If the tribunal of this state determines that the order is not enforceable, the tribunal of this state shall issue an order that the Canadian domestic violence protection order is not enforceable under this section and Section 6452 and may not be registered under Section 6454.
(f)CA Family Law Code § 6453(f) This section applies to enforcement of a provision of a Canadian domestic violence protection order against a party to the order in which each party is a protected individual and respondent only if both of the following apply:
(1)CA Family Law Code § 6453(f)(1) The party seeking enforcement of the order filed a pleading requesting the order from the issuing court.
(2)CA Family Law Code § 6453(f)(2) The court made detailed findings of fact indicating that both parties acted as a primary aggressor and that neither party acted primarily in self-defense.

Section § 6454

Explanation

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.

(a)CA Family Law Code § 6454(a) An individual may register a Canadian domestic violence protection order in this state. To register the order, the individual must present a certified copy of the order to a court of this state to be entered into the California Restraining and Protective Order System established under Section 6380, pursuant to procedures set forth in Section 6404.
(b)CA Family Law Code § 6454(b) A fee shall not be charged for the registration of a Canadian domestic violence protection order under this section.
(c)CA Family Law Code § 6454(c) Registration in this state or filing under law of this state other than this part of a Canadian domestic violence protection order is not required for its enforcement under this part.

Section § 6455

Explanation

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.

(a)CA Family Law Code § 6455(a) There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a law enforcement officer who makes an arrest pursuant to a Canadian domestic violence protection order that is regular upon its face, if the law enforcement 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.
(b)CA Family Law Code § 6455(b) Nothing in this section shall be deemed to exonerate a law enforcement officer from liability for the unreasonable use of force in the enforcement of the order. The immunities afforded by this section shall not affect the availability of any other immunity that may apply, including, but not limited to, Sections 820.2 and 820.4 of the Government Code.

Section § 6456

Explanation

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.

An individual who seeks a remedy under this part may seek other legal or equitable remedies.

Section § 6457

Explanation

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.

If there is more than one order issued and one of the orders is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code, the law enforcement officer shall enforce the emergency protective order. If there is more than one order issued, none of the orders issued is an emergency protective order that has precedence in enforcement, and one of the orders issued is a no-contact order, as described in Section 6320, the law enforcement officer shall enforce the no-contact order. If there is more than one civil order regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the law enforcement officer shall enforce the order that was issued last. If there are both civil and criminal orders regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the law enforcement officer shall enforce the criminal order issued last.

Section § 6458

Explanation

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.

This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)), or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).

Section § 6459

Explanation

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.

This part applies to a Canadian domestic violence protection order issued before, on, or after January 1, 2018, and to a continuing action for enforcement of a Canadian domestic violence protection order commenced before, on, or after January 1, 2018. A request for enforcement of a Canadian domestic violence protection order made on or after January 1, 2018, for a violation of the order occurring before, on, or after January 1, 2018, is governed by this part.

Section § 6460

Explanation

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.

If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.