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HomeFamily CodeDiv. 10Pt. 5§ 6402 Enforcing Foreign Protection Orders

§ 6402 Enforcing Foreign Protection Orders

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 6402 Enforcing Foreign Protection Orders

This law says that if someone has a protection order from another state, California courts will enforce it as long as it meets certain rules. It also says that if the other state doesn't let the protected person ask for help, California won't enforce it either.

Key Takeaways

  • •California will enforce protection orders from other states if they are valid.
  • •The order must clearly say who is protected and who the respondent is.
  • •The respondent must have had a chance to tell their side in court.
  • •If the other state doesn't let the protected person ask for help, California won't enforce the order.

Example

A woman gets a protection order in Texas to keep her ex-husband away from her and her kids. She moves to California and her ex-husband shows up at her door.

The woman can go to a California court and ask them to enforce her Texas protection order. If the order is valid and follows the rules, the court will make sure the ex-husband stays away.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 6402 Enforcing Foreign Protection Orders

(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. (Amended by Stats. 2003, Ch. 134, Sec. 2. Effective January 1, 2004.)

Last verified: January 9, 2026

Key Terms

protectionenforcementvisitationmotionrespondentcustodyportpetition

Related Statutes

  • § 3011 Child Custody Best Interests
  • § 7807 Child Custody Proceeding Stay
  • § 17524 Child Support Arrearages Enforcement
  • § 17526 Child Support Arrearage Review
  • § 20000 Child Spousal Support System

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 6402.
View Official Source