6400 – 6409: Uniform Interstate Enforcement of Domestic Violence Protection Orders Act
When someone escapes domestic violence, crossing state lines should never mean losing protection. That’s the core principle behind California’s Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (Family Code §§ 6400–6409). Passed in 2001, this law ensures that survivors with protection orders from other jurisdictions still receive the same legal safeguards in California.
What Is a “Foreign Protection Order”?
A foreign protection order is any valid restraining or protective order issued by a court (or “tribunal”) outside California. This includes other U.S. states, territories, tribal courts, and military jurisdictions (6401(1)). Whether it’s a stay-away order, a no-contact provision, or terms governing child custody, if it’s been issued under another state’s domestic violence or stalking laws, California treats it seriously.
Automatic Enforcement, No Red Tape
Survivors don’t need to reapply for protection in California. Under 6402(a), any person authorized to seek enforcement (usually the protected party or law enforcement) can go directly to a California court to enforce a valid foreign protection order. In fact, courts must enforce the order, including provisions California courts might not typically issue themselves, so long as it was lawfully issued, still in effect, and based on proper legal notice to the respondent (6402(d)).
Law enforcement officers are also empowered to act immediately. 6403(a) allows police to enforce out-of-state orders on the spot if there’s probable cause to believe the order is valid and violated. A survivor doesn’t even need a certified copy. A printed, digital, or verbal version of the order suffices.
No Filing Required, But Optional
Although registration is not required to enforce a foreign order (6403(d)), California does allow survivors to voluntarily register their orders for entry into the California Restraining and Protective Order System (CARPOS) under 6404. This adds an extra layer of visibility for local law enforcement. Importantly, the process is free, and the information remains sealed and accessible only to limited parties like law enforcement and the person who registered it.
Balancing Protection and Due Process
To protect against misuse, California courts only enforce orders that meet due process standards (notice, opportunity for a hearing, and proper jurisdiction ) (6402(d)(4)). Mutual orders (where both parties are restrained) are scrutinized even more closely. Under 6402(g), they are only enforceable if the restrained party actually requested protection and the issuing court made specific findings in their favor.
Police Protections and Responsibilities
Peace officers are shielded from civil liability when they enforce a foreign protection order in good faith, assuming the order appears regular on its face and they reasonably believe the restrained party was notified of it (6405(a)). However, the law also emphasizes that this immunity doesn’t excuse unreasonable use of force or override other legal standards of officer conduct.
In cases where multiple orders exist—say, both civil and criminal—officers follow a specific enforcement hierarchy, giving priority to emergency protective orders first, then to no-contact and criminal orders issued last (6405(b)).
Survivors Still Have Options
Importantly, using this act doesn’t block survivors from pursuing other legal avenues. 6406 affirms that enforcing a foreign order in California doesn’t limit someone’s right to sue civilly or seek additional remedies.
A National Effort with Local Power
The broader goal, as stated in 6407, is legal consistency. California’s law is based on a national model designed to ensure that protective orders carry weight no matter where survivors go. And under 6409, even older orders issued before 2002 are covered. California doesn’t let bureaucratic loopholes get in the way of safety.
The Uniform Interstate Enforcement Act bridges the gap between jurisdictions and makes clear that protection orders don’t expire at state borders. It affirms California’s commitment to survivor safety and sends a message to abusers: you can’t escape accountability by crossing state lines.
If you’re a survivor relocating to California with an existing protection order, you have the law and the state on your side.