Does California enforce a restraining order issued in another state?

Yes, if the order is valid. Both California law and a federal statute require California courts and police to enforce a valid protective order from another state’s, tribe’s, or territory’s court as if it were a California order, and the order does not need to be registered here first.

What makes an out-of-state order valid here

California calls an order from another state’s court a “foreign protection order.” Under Family Code section 6402(a), a California court must enforce the terms of a valid one, including terms a California court could not itself have ordered. Under section 6402(d), an order is valid if it meets all four of these conditions:

• it identifies both the protected person and the respondent;
• it is currently in effect;
• it was issued by a court that had jurisdiction over the parties and the subject matter under that state’s law; and
• it was issued after the respondent was given reasonable notice and an opportunity to be heard. An order issued without a hearing first, an ex parte order, still counts if the respondent was given notice and has had, or will have, that opportunity within a reasonable time.

Family Code section 6401 defines “state” broadly enough to include the District of Columbia, Puerto Rico, a U.S. territory, an Indian tribe or band, or a branch of the U.S. military that has jurisdiction to issue protection orders. California’s statute covers orders issued under the other state’s domestic violence, family violence, or antistalking laws to prevent violent or threatening acts, harassment, contact or communication, or physical proximity to another person.

Registration is not required

A valid foreign order is enforceable in California even if it was never registered here. Family Code section 6403(d) says registration or filing in California is not required for enforcement, and federal law gives an order that otherwise qualifies full faith and credit “notwithstanding failure to comply with any requirement that the order be registered” (18 U.S.C. section 2265(d)(2)). Registration under Family Code section 6404 is an option for the person holding the order, at no fee, and it enters the order into California’s statewide system, but it is not a condition of enforcement.

Under section 6403(a), a California officer who has probable cause to believe a valid foreign order exists and has been violated must enforce it as if it were a California order. Presenting an order that identifies both people and, on its face, is currently in effect is by itself probable cause that a valid order exists. The order can be on paper or stored electronically if it can be retrieved in perceivable form, and a certified copy is not required. If no order is presented, the officer may consider other information in deciding whether there is probable cause that a valid order exists (6403(b)).

If you were never served with the order

If a California officer determines that an otherwise-valid foreign order cannot be enforced because you were never notified of it or served with it, section 6403(c) requires the officer to first inform you of the order, make a reasonable effort to serve it on you, and give you a reasonable opportunity to comply before enforcing it. Verbal notice of the order’s terms is enough for this purpose, so once an officer tells you the terms, expect to be held to them.

If you are accused of violating it

An intentional and knowing violation of an out-of-state order that California recognizes under the Family Code sections above can be prosecuted under Penal Code section 273.6, the statute that also covers violations of California protective orders (273.6(c)(4)). In a proceeding to enforce the order, an order that is valid on its face is prima facie evidence that it is valid, and the absence of any of the four conditions above is an affirmative defense (Family Code section 6402(e), (f)). Practically, a belief that the order is invalid is something to raise in court through a lawyer, not a reason to ignore its terms. For violation charges more generally, see defending against restraining orders and violations.

The federal rule points the same direction

Federal law requires each state, tribe, and territory to give full faith and credit to a qualifying protection order from another one and to enforce it as its own. Under 18 U.S.C. section 2265(a) and (b), an order qualifies if the issuing court had jurisdiction over the parties and the matter, and the respondent was given reasonable notice and an opportunity to be heard sufficient to protect due process. For an ex parte order, that notice and opportunity must come within the time the issuing state’s law requires, and in any event within a reasonable time after the order is issued. The federal definition of a protection order is not limited to domestic violence, family violence, or antistalking laws: it covers restraining orders and other orders a civil or criminal court issues to prevent violent or threatening acts, harassment, sexual violence, or contact or physical proximity, if issued in response to a request filed by or for a person seeking protection (18 U.S.C. section 2266(5)).

Do not assume you will be told if it is registered

If the order is registered or filed in California, federal law directs California not to notify you of that, unless the protected person asks for that notice to be given (18 U.S.C. section 2265(d)(1)). So an order against you can enter California’s system without your being told.

Getting help

If you are subject to an out-of-state order and are not sure it meets these conditions, or you were never served with it, the Law Offices of David S. Chesley can review the order itself and how it reached you. Call (800) 755-5174 to go over your situation.