6450 – 6460: Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act
Survivors of domestic violence shouldn’t lose protection when crossing an international border and, thanks to California’s Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act (Family Code 6450–6460), they don’t.
This forward-thinking law ensures that valid Canadian protection orders are recognized and enforced in California just like local ones, giving survivors seamless legal coverage when they travel or relocate from Canada to the Golden State.
What Is a Canadian Domestic Violence Protection Order?
Under 6451(a), a Canadian domestic violence protection order is a civil judgment from a Canadian court, written in English, that prohibits certain conduct by an abuser. These orders typically bar the respondent from approaching or contacting the protected person, being near specific places, or engaging in harassing or threatening behavior.
The law also defines key terms, like “protected individual,” “respondent,” and “tribunal”, to align with both Canadian and California legal systems and ensure smooth enforcement.
Law Enforcement Must Enforce Valid Orders
California police are required to treat valid Canadian protection orders as though they were issued by a California court. According to 6452(a), if an officer has probable cause to believe a valid Canadian order exists and has been violated, they must act immediately to enforce it.
No certified copy is needed (6452(b)); a readable record, whether printed or electronic, is enough. If the respondent hasn’t been served yet, the officer must notify them of the order and give them a reasonable chance to comply before enforcement (6452(d)). Survivors are also entitled to information about local victim services (6452(e)).
Court Enforcement and Due Process
Anyone protected by a Canadian order, or even the respondent, can ask a California court to formally enforce or decline to enforce that order under 6453(a). The court follows California’s usual procedures and may enforce the order only if it meets four criteria under 6453(c):
- Names both the protected individual and respondent.
- Is currently valid and in effect.
- Was issued by a court with jurisdiction under its own law.
- Gave the respondent proper notice and a chance to be heard, or will offer that chance shortly if it was issued ex parte.
If the order appears valid on its face, that’s considered sufficient evidence (6453(d)). Still, a respondent can argue that it fails to meet the standards—this is an “affirmative defense” under 6453(e).
Registering Canadian Orders in California
While registration isn’t required for enforcement (6454(c)), survivors may voluntarily file a certified copy of the order with a California court. This enters it into the California Restraining and Protective Order System under 6454(a). There’s no fee, and doing so can help ensure law enforcement has faster access if help is ever needed.
Officer Protections and Order Conflicts
Law enforcement officers are protected from civil liability (e.g., false arrest claims) when they enforce a Canadian order in good faith, assuming the order looks valid and the respondent had notice (6455(a)). That said, officers are still responsible for using force reasonably. Immunity doesn’t cover misconduct.
If multiple orders exist—say, an emergency protective order, a civil no-contact order, and a criminal order—officers follow a strict enforcement hierarchy. Emergency orders take precedence, followed by no-contact orders, then whichever order was issued last (6457).
Survivors Keep All Legal Options
Importantly, 6456 guarantees that using this law doesn’t prevent a survivor from pursuing other civil or legal remedies. Whether it’s a lawsuit or additional court protection, survivors keep their full legal toolkit.
Cross-Border Protection with Teeth
By adopting this act, California joins other jurisdictions that recognize the importance of consistent legal protection beyond national boundaries. The law even explicitly aligns with the federal Electronic Signatures in Global and National Commerce Act (6458) and applies to any Canadian order issued before, on, or after January 1, 2018 (6459).
California’s recognition of Canadian domestic violence protection orders sends a clear message: protection doesn’t stop at the border. Survivors from Canada can count on California’s legal system to back them up—no extra hoops, no added costs, and no room for abusers to hide behind jurisdictional lines.