Section 6402 Of Part 5. Uniform Interstate Enforcement Of Domestic Violence Protection Orders Act From California Family Law Code >> Division 10. >> Part 5.
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.