reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 2 - Orders Issuable After Notice and Hearing › Section 6340.

6340. (a) (1) The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom the custody or visitation orders are sought. If the court makes any order for custody, visitation, or support, that order shall survive the termination of any protective order. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision.
(2) (A) If at the time of a hearing with respect to an order issued pursuant to this part based on an ex parte temporary restraining order, the court determines that, after diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the restrained party is evading service, the court may permit an alternative method of service designed to give reasonable notice of the action to the respondent. Alternative methods of service include, but are not limited to, the following:
(i) Service by publication pursuant to the standards set forth in Section 415.50 of the Code of Civil Procedure.
(ii) Service by first-class mail sent to the respondent at the most current address for the respondent that is available to the court or delivering a copy of the pleadings and orders at the respondent’s home or place of employment, pursuant to the standards set forth in Sections 415.20 to 415.40, inclusive, of the Code of Civil Procedure.
(B) If the court permits an alternative method of service under this paragraph, the court shall grant a continuance to allow for the alternative service pursuant to Section 245.
(b) The court shall, upon denying a petition under this part, provide a brief statement of the reasons for the decision in writing or on the record. A decision stating “denied” is insufficient.
(c) The court may issue an order described in Section 6321 excluding a person from a dwelling if the court finds that physical or emotional harm would otherwise result to the other party, to a person under the care, custody, and control of the other party, or to a minor child of the parties or of the other party.
(Amended by Stats. 2018, Ch. 219, Sec. 3. (AB 2694) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 2 - Orders Issuable After Notice and Hearing › Section 6341.

6341. (a) If the parties are married to each other and no other child support order exists or if there is a presumption under Section 7611 that the respondent is the natural father of a minor child and the child is in the custody of the petitioner, after notice and a hearing, the court may, if requested by the petitioner, order a party to pay an amount necessary for the support and maintenance of the child if the order would otherwise be authorized in an action brought pursuant to Division 9 (commencing with Section 3500) or the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12). When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom child support is requested, including safety concerns related to the financial needs of the petitioner and the children. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision.
(b) An order issued pursuant to subdivision (a) of this section shall be without prejudice in an action brought pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).
(c) If the parties are married to each other and no spousal support order exists, after notice and a hearing, the court may order the respondent to pay spousal support in an amount, if any, that would otherwise be authorized in an action pursuant to Part 1 (commencing with Section 3500) or Part 3 (commencing with Section 4300) of Division 9. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner, including safety concerns related to the financial needs of the petitioner. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision.
(d) An order issued pursuant to subdivision (c) shall be without prejudice in a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties.
(Amended by Stats. 2005, Ch. 22, Sec. 63. Effective January 1, 2006.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 2 - Orders Issuable After Notice and Hearing › Section 6342.

6342. (a) After notice and a hearing, the court may issue any of the following orders:
(1) An order that restitution be paid to the petitioner for loss of earnings and out-of-pocket expenses, including, but not limited to, expenses for medical care and temporary housing, incurred as a direct result of the abuse inflicted by the respondent or any actual physical injuries sustained from the abuse.
(2) An order that restitution be paid by the petitioner for out-of-pocket expenses incurred by a party as a result of an ex parte order that is found by the court to have been issued on facts shown at a noticed hearing to be insufficient to support the order.
(3) An order that restitution be paid by the respondent to any public or private agency for the reasonable cost of providing services to the petitioner required as a direct result of the abuse inflicted by the respondent or any actual injuries sustained therefrom.
(b) An order for restitution under this section shall not include damages for pain and suffering.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 2 - Orders Issuable After Notice and Hearing › Section 6342.5.

6342.5. (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period.
(b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. This finding does not affect the priority of any lien or other security interest.
(c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section.
(d) This section shall be operative on January 1, 2022.
(Added by Stats. 2020, Ch. 245, Sec. 1. (AB 2517) Effective January 1, 2021. Operative January 1, 2022, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 2 - Orders Issuable After Notice and Hearing › Section 6343.

6343. (a) After notice and a hearing, the court may issue an order requiring the restrained party to participate in a batterer’s program approved by the probation department as provided in Section 1203.097 of the Penal Code.
(b) (1) Commencing July 1, 2016, if the court orders a restrained party to participate in a batterer’s program pursuant to subdivision (a), the restrained party shall do all of the following:
(A) Register for the program by the deadline ordered by the court. If no deadline is ordered by the court, the restrained party shall register no later than 30 days from the date the order was issued.
(B) At the time of enrollment, sign all necessary program consent forms for the program to release proof of enrollment, attendance records, and completion or termination reports to the court and the protected party, or the protected party’s attorney. The court and the protected party may provide to the program a fax number or mailing address for purposes of receiving proof of enrollment, attendance records, and completion or termination reports.
(C) Provide the court and the protected party with the name, address, and telephone number of the program.
(2) By July 1, 2016, the Judicial Council shall revise or promulgate forms as necessary to effectuate this subdivision.
(c) The courts shall, in consultation with local domestic violence shelters and programs, develop a resource list of referrals to appropriate community domestic violence programs and services to be provided to each applicant for an order under this section.
(Amended by Stats. 2019, Ch. 115, Sec. 66. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 2 - Orders Issuable After Notice and Hearing › Section 6344.

6344. (a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorney’s fees and costs for a prevailing petitioner.
(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorney’s fees and costs for a prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.
(c) Before a court awards attorney’s fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
(Repealed and added by Stats. 2022, Ch. 591, Sec. 2. (AB 2369) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 2 - Orders Issuable After Notice and Hearing › Section 6345.

6345. (a) In the discretion of the court, the personal conduct, stay-away, and residence exclusion orders contained in a court order issued after notice and a hearing under this article may have a duration of not more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, either for five or more years, or permanently, at the discretion of the court, without a showing of further abuse since the issuance of the original order. Renewals and subsequent renewals shall be subject to termination, modification, or subsequent renewal by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the orders.
(b) Notwithstanding subdivision (a), the duration of any orders, other than the protective orders described in subdivision (a), that are also contained in a court order issued after notice and a hearing under this article, including, but not limited to, orders for custody, visitation, support, and disposition of property, shall be governed by the law relating to those specific subjects.
(c) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(d) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive the right to notice if the protected party is physically present in court and does not challenge the sufficiency of the notice.
(e) On or before January 1, 2025, the Judicial Council shall create one or more specific forms for the purpose of requesting a modification of an existing restraining order.
(Amended by Stats. 2023, Ch. 874, Sec. 2. (SB 459) Effective January 1, 2024.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 2 - Orders Issuable After Notice and Hearing › Section 6346.

6346. The court may make appropriate custody and visitation orders pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) after notice and a hearing under this section when the party who has requested custody or visitation has not established a parent and child relationship under subparagraph (B) of paragraph (2) of subdivision (a) of Section 6323, but has taken steps to establish that relationship by filing an action under the Uniform Parentage Act.
(Added by Stats. 1997, Ch. 396, Sec. 3. Effective January 1, 1998.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 3 - Orders Included in Judgment › Section 6360.

6360. A judgment entered in a proceeding for dissolution of marriage, for nullity of marriage, for legal separation of the parties, in a proceeding brought pursuant to this division, or in an action brought pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) may include a protective order as defined in Section 6218.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 3 - Orders Included in Judgment › Section 6361.

6361. If an order is included in a judgment pursuant to this article, the judgment shall state on its face both of the following:
(a) Which provisions of the judgment are the orders.
(b) The date of expiration of the orders, which shall be not more than five years from the date the judgment is issued, unless extended by the court after notice and a hearing.
(Amended by Stats. 2005, Ch. 125, Sec. 2. Effective January 1, 2006.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 3 - Registration and Enforcement of Orders › Section 6381.

6381. (a) Notwithstanding Section 6380 and subject to subdivision (b), an order issued under this part is enforceable in any place in this state.
(b) An order issued under this part is not enforceable by a law enforcement agency of a political subdivision unless that law enforcement agency has received a copy of the order, or the officer enforcing the order has been shown a copy of the order or has obtained information, through the California Restraining and Protective Order System maintained by the Department of Justice, of the contents of the order, as described in subdivision (b).
(c) The data contained in the California Restraining and Protective Order System shall be deemed to be original, self-authenticating, documentary evidence of the court orders. Oral notification of the terms of the orders shall be sufficient notice for enforcement under subdivision (g) of Section 136.2 and Section 273.6 of the Penal Code.
(Amended by Stats. 2019, Ch. 115, Sec. 69. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 3 - Registration and Enforcement of Orders › Section 6382.

6382. Each appropriate law enforcement agency shall make available to any law enforcement officer responding to the scene of reported domestic violence, through an existing system for verification, information as to the existence, terms, and current status of an order issued under this part.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 3 - Registration and Enforcement of Orders › Section 6384.

6384. (a) If a respondent named in an order issued under this part after a hearing has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order.
If a respondent named in a temporary restraining order or emergency protective order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order or emergency protective order, but the respondent does not appear at the hearing either in person or by counsel, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining or emergency protective order, except for the duration of the order, the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to the respondent at the most current address for the respondent that is available to the court.
(b) The Judicial Council forms for orders issued under this part shall contain a statement in substantially the following form:
“If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.”
(Amended by Stats. 2010, Ch. 572, Sec. 21. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 3 - Registration and Enforcement of Orders › Section 6385.

6385. (a) Proof of service of the protective order is not required for the purposes of Section 6380 if the order indicates on its face that both parties were personally present at the hearing at which the order was issued and that, for the purpose of Section 6384, no proof of service is required, or if the order was served by a law enforcement officer pursuant to Section 6383.
(b) The failure of the petitioner to provide the Department of Justice with the personal descriptive information regarding the person restrained does not invalidate the protective order.
(c) There is no civil liability on the part of, and no cause of action arises against, an employee of a local law enforcement agency, a court, or the Department of Justice, acting within the scope of employment, if a person described in Section 29825 of the Penal Code unlawfully purchases or receives or attempts to purchase or receive a firearm and a person is injured by that firearm or a person who is otherwise entitled to receive a firearm is denied a firearm and either wrongful action is due to a failure of a court to provide the notification provided for in this chapter.
(Amended by Stats. 2010, Ch. 178, Sec. 25. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 3 - Registration and Enforcement of Orders › Section 6386.

6386. (a) The court may, in its discretion, appoint counsel to represent the petitioner in a proceeding to enforce the terms of a protective order, as defined in Section 6218.
(b) In a proceeding in which private counsel was appointed by the court pursuant to subdivision (a), the court may order the respondent to pay reasonable attorney’s fees and costs incurred by the petitioner.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 3 - Registration and Enforcement of Orders › Section 6387.

6387. The court shall order the clerk of the court to provide to a petitioner, without cost, up to three certified, stamped, and endorsed copies of any order issued under this part, and of an extension, modification, or termination of the order.
(Amended by Stats. 2010, Ch. 572, Sec. 22. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 3 - Registration and Enforcement of Orders › Section 6388.

6388. A willful and knowing violation of a protective order, as defined in Section 6218, is a crime punishable as provided by Section 273.6 of the Penal Code.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 5 - UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT › Section 6400.

6400. This part may be cited as the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
(Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 5 - UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT › Section 6401.

6401. In this part:
(1) “Foreign protection order” means a protection order issued by a tribunal of another state.
(2) “Issuing state” means the state whose tribunal issues a protection order.
(3) “Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
(4) “Protected individual” means an individual protected by a protection order.
(5) “Protection order” means an injunction or other order, issued by a tribunal under the domestic violence, family violence, or antistalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual.
(6) “Respondent” means the individual against whom enforcement of a protection order is sought.
(7) “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 an Indian tribe or band, or any branch of the United States military, that has jurisdiction to issue protection orders.
(8) “Tribunal” means a court, agency, or other entity authorized by law to issue or modify a protection order.
(Amended by Stats. 2003, Ch. 134, Sec. 1. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 5 - UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT › Section 6402.

6402. (a) 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 shall 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 shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this state for the enforcement of protection orders.
(b) 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.
(c) A tribunal of this state shall 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.
(d) A foreign protection order is valid if it meets all of the following criteria:
(1) Identifies the protected individual and the respondent.
(2) Is currently in effect.
(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state.
(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.
(e) A foreign protection order valid on its face is prima facie evidence of its validity.
(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(g) A tribunal of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if both of the following are true:
(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state.
(2) The tribunal of the issuing state made specific findings in favor of the respondent.
(Amended by Stats. 2003, Ch. 134, Sec. 2. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 5 - UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT › Section 6403.

6403. (a) 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, shall 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, in and of itself, probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(b) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(c) 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 shall 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.
(d) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this part.
(Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 5 - UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT › Section 6404.

6404. (a) A foreign protection order shall, upon request of the person in possession of the order, be registered with a court of this state in order to be entered in the California Restraining and Protective Order System established under Section 6380. The Judicial Council shall adopt rules of court to do the following:
(1) Set forth the process whereby a person in possession of a foreign protection order may voluntarily register the order with a court of this state for entry into the California Restraining and Protective Order System.
(2) Require the sealing of foreign protection orders and provide access only to law enforcement, the person who registered the order upon written request with proof of identification, the defense after arraignment on criminal charges involving an alleged violation of the order, or upon further order of the court.
(b) A fee shall not be charged for the registration of a foreign protection order. The court clerk shall provide all Judicial Council forms required by this part to a person in possession of a foreign protection order free of charge.
(Amended by Stats. 2019, Ch. 115, Sec. 72. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 5 - UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT › Section 6405.

6405. (a) There shall be 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.
(b) 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 peace 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 peace 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 peace 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 peace officer shall enforce the criminal order issued last.
(c) Nothing in this section shall be deemed to exonerate a peace 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.
(Amended by Stats. 2013, Ch. 263, Sec. 3. (AB 176) Effective January 1, 2014. Operative July 1, 2014, by Sec. 5 of Ch. 263.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 5 - UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT › Section 6406.

6406. A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.
(Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 5 - UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT › Section 6407.

6407. In applying and construing this part, consideration shall 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 cited in Section 6400.
(Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 5 - UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT › Section 6408.

6408. 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 which can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.
(Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 5 - UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT › Section 6409.

6409. This part applies to protection orders issued before January 1, 2002, and to continuing actions for enforcement of foreign protection orders commenced before January 1, 2002. A request for enforcement of a foreign protection order made on or after January 1, 2002, for violations of a foreign protection order occurring before January 1, 2002, is governed by this part.
(Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 6 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act › Section 6450.

6450. This part may be cited as the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act.
(Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 6 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act › Section 6451.

6451. In this part:
(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) Being in physical proximity to a protected individual or following a protected individual.
(2) Directly or indirectly contacting or communicating with a protected individual or other individual described in the order.
(3) Being within a certain distance of a specified place or location associated with a protected individual.
(4) Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual.
(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) “Issuing court” means the court that issues a Canadian domestic violence protection order.
(d) “Law enforcement officer” means an individual authorized by law of this state to enforce a domestic protection order.
(e) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(f) “Protected individual” means an individual protected by a Canadian domestic violence protection order.
(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) “Respondent” means an individual against whom a Canadian domestic violence protection order is issued.
(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) “Tribunal” means a court, agency, or other entity authorized by law to establish, enforce, or modify a domestic protection order.
(Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 6 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act › Section 6452.

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) 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) 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) 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) If a law enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.
(Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 6 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act › Section 6453.

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) 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) A respondent.
(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) A Canadian domestic violence protection order is enforceable under this section if all of the following apply:
(1) The order identifies a protected individual and a respondent.
(2) The order is valid and in effect.
(3) The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court.
(4) The order was issued after either of the following:
(A) The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order.
(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) A Canadian domestic violence protection order valid on its face is prima facie evidence of its enforceability under this section.
(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) 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) The party seeking enforcement of the order filed a pleading requesting the order from the issuing court.
(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.
(Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 6 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act › Section 6454.

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) A fee shall not be charged for the registration of a Canadian domestic violence protection order under this section.
(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.
(Amended by Stats. 2019, Ch. 115, Sec. 73. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 6 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act › Section 6455.

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) 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.
(Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 6 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act › Section 6456.

6456. An individual who seeks a remedy under this part may seek other legal or equitable remedies.
(Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 6 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act › Section 6457.

6457. 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.
(Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 6 - Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act › Section 6458.

6458. 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)).
(Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)