California Family Code 6453 – (a) A tribunal of this state may issue an order enforcing or …
(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.
Terms Used In California Family Code 6453
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
- Proceeding: includes an action. See California Family Code 110
- Respondent: includes defendant, where appropriate. See California Family Code 127
- State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
(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.)