When there is an incident of abuse, the court has a legal obligation to protect the victim by issuing various restraining orders (ROs), depending on the circumstances. You expect the RO to protect you everywhere you go within the state. So, what happens when you, a survivor or protected party, leave the state where the RO was issued? Does the legal protection remain enforceable? Yes. California ROs obtained lawfully are enforceable anywhere on the US soil under the Full Faith and Credit Clause, thanks to the Violence Against Women Act (VAWA).
A valid state-issued RO follows you wherever you go under federal law. Local law enforcement must enforce it as if it had been issued by a court within the state you are visiting or passing by. So, if you are crossing state lines, in or out of California, and you are concerned about your protection and rights, consult an experienced RO attorney who understands out-of-state restraining orders and how they work.
VAWA Mandates and How They Are Implemented in California
How does California enforce or implement out-of-state ROs under federal law? The legal framework that protects you has two layers, including federal mandates and state-level implementation. The Violence Against Women Act (VAWA), under 18 U.S.C. § 2265, sets national standards for restraining orders that courts and law enforcement must accord full faith and credit. The federal Act transforms state-issued protective orders into portable protection that follows you wherever you go in the nation, regardless of the territory, state, or tribal reservation.
VAWA eliminates the state lines for a protected party’s safety so that the RO remains enforceable even when you cross state lines. California enforces this federal mandate under the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, codified under the Family Code (FC) 6400-6409. VAWA establishes the national framework, but it is the state's responsibility to create mechanisms to enforce these standards. As per FC 6400, all out-of-state ROs carry the same weight as those issued by a local court. That way, the state bypasses all procedural obstacles to interstate enforcement and focuses on immediate safeguards and interventions.
The integration of federal and state mandates requires local enforcement to implement out-of-state ROs that meet certain requirements. If the legal protection or order identifies the protected party and the restrained party and remains valid, local law enforcement considers it signed by a California court as soon as the survivor enters the state's boundaries. So, if a restrained party violates the orders, they can face arrest for violating an RO.
The nationwide protection does not exclude any party covered by the legal framework. So, if you are a survivor of civil harassment, domestic violence, stalking, or sexual abuse, your RO will remain enforceable. The orders will be implemented whether they are temporary decrees or permanent judgments issued after a formal hearing. There is a safety net for all valid ROs, even those issued by tribal and military courts. The holistic approach to victim protection ensures that the victim's safety is prioritized over procedural enforcement barriers.
Instances when California Law Enforcement can Implement Out-of-State ROs
If your out-of-state RO is valid, the local police can enforce it immediately. 18 U.S.C. § 2265 sets the full faith and credit standard that all out-of-state ROs must meet. The standards exist to ensure that while survivors enjoy protection, the constitutional rights of the restrained individuals are protected. For an RO issued outside California to be valid, it must identify the protected and restrained parties and satisfy the following legal requirements:
The Issuing Court must have a Jurisdiction Over the Identified Parties and the RO’s Subject Matter.
Under VAWA, an out-of-state RO is enforceable if the issuing court had proper jurisdiction over the parties to the RO and the subject matter of the RO. So, the local police must establish that the court or tribunal had authority to preside over the subject matter because the incident leading to the orders occurred within its jurisdiction, or the identified parties resided within the court’s jurisdiction. If the issuing tribunal lacked authority to handle the matter, the local police will not recognize or enforce the decree. However, if the issuing court follows territorial, tribal, or state laws, California law enforcement will recognize and enforce the out-of-state RO on the spot.
The Defendant Received a Timely Notice and Fair Hearing
Another requirement for an out-of-state protective order to be deemed valid in California is reasonable notice to the defendant and the chance for the defendant to know themselves. Typically, police responding to an incident obtain an emergency protective order on the survivor's behalf. The EPO only lasts for five to seven days. This gives the survivor time to request a temporary RO, which lasts for at least 21 days until the court holds a hearing to determine the dispute. When the court issues a survivor with a TRO, they must serve the restrained party.
The TRO served to the respondent states the date and time for the formal permanent RO proceeding. At the hearing, the respondent has the opportunity to challenge the allegations. A PRO lasts for up to 60 months.
VAWA requires a PRO to have followed this process before issuance. If the restrained party never accorded a proper opportunity to prepare for and appear in a formal PRO proceeding, it is invalid under federal law and will not be recognized in California. Federal law requires legal restrictions on a respondent to be imposed in a system that is transparent and fair to both parties.
Due Process was Followed in the Issuance of Ex Parte Decrees
Ex parte orders are restraining orders issued in the absence of the respondent. Courts issue temporary restraining orders in the absence of respondents to protect the restrained individual from immediate harm.
When a survivor seeks a TRO, the law requires them to complete documents providing information about the respondent. They must explain all details regarding the harassment, threats, or stalking, or violence. Additionally, you must write a sworn statement on why you fear for your safety and why the ex parte decree is crucial for your temporary protection.
After you submit the paperwork, the judge reviews it and schedules an ex parte hearing within 24 to 48 hours. The judge decides in the defendant's absence. If the judge grants the survivor a TRO, the defendant must be served through the right channels, and the orders take effect only after the restrained individual becomes aware of them. Because of this, federal law requires that, if an emergency RO is issued in the accused's absence, due process, including proper service, be followed. The law does this to protect the defendant’s right.
No Registration Obligation for an RO in California
If you are moving to or visiting California with a valid out-of-state RO, you may be wondering whether you are required to register the decree upon entering the state. The answer is no. The main advantage of the portable protection enabled by federal law is that you do not need to register it for it to be deemed enforceable. You have no obligation to register the order, and the police must enforce it on the spot if it is valid, whether or not it appears in the local database. It means you will enjoy the same level of protection you would have enjoyed back home, where the orders were issued.
Although VAWA does not require an RO to be registered for implementation in another state, voluntary registration with the California Law Enforcement Telecommunications System (CLETS) can be tactically advantageous. The database provides instant information to all authorities, including the sheriff, police, and state troopers. So, when you register with the system, information about your RO is instantly uploaded, and all law enforcement in the state can access it. You do not need to provide the physical RO to prove its existence, as it is reflected in their database. Also, you will have an easy time remembering the RO conditions, as local law enforcement can verify them through the system.
If you opt for voluntary registration, you should complete a Form DV-600 (an order to register an out-of-state restraining order or tribal court protective order). Attach a copy of your restraining order to the DV-600. No filing fee is required, nor is a hearing to approve your registration. You only need a judge’s signature, and the paperwork will be uploaded to the CLETS.
The details remain in the system permanently after registration. Also, the registration creates a public court record with your details in the filing county. So, even though the court will not notify the restrained party about your registration to prevent them from knowing about your new residence, the public court records created by the registration can lead the abuser to you if they conduct a thorough public record search. So, if the restrained party is litigious and can comb through public records to find you, you might want to exercise the no-registration requirement accorded to you by VAWA.
Verification and Enforcement of Out-of-State ROs on the Spot
How do law enforcement officers in California verify or enforce out-of-state ROs when they encounter an incident involving one? When police receive a 9-1-1 call from an alleged survivor, they must act decisively at the scene to protect the victim from further harm, exposing themselves to possible lawsuits. The responding officers evaluate the scene to establish if the victim is in imminent danger of harm from the abuser. If the victim is still in danger, the police call a standby judge to request an emergency restraining order on behalf of the victim. The order is enforced immediately.
However, what happens if the emergency the officers are responding to involves a foreign protective order that has allegedly been breached? When a foreign RO is involved, the steps the authorities must take include:
- Verify the Validity of the Order on the Spot
The first step the responding officer should take once a survivor mentions an existing foreign RO is to determine whether it is valid. If the victim had registered the order with CLETS, the officer can log in to the database to identify the parties to the decree and the terms of the decree. Patrol offices usually have a mobile terminal with a database system that they can easily access to verify the information you provide. However, if you opted not to register the out-of-state RO, they will request to check the physical copy of the decree.
A written restraining order must have the court seal, judge’s signature, and a valid expiration date. So, the officer will inspect the face of the order to confirm that all these details are present. If they are, they will deem the RO as valid. Always carry the written order with you if you have not registered it with CLETS in case of an emergency, to facilitate decisive action.
- Enforce a Mandatory Arrest
California adopts a mandatory arrest policy for domestic violence cases and violations of restraining orders. Furthermore, PEN 13701 requires officers to arrest a restrained party who has allegedly violated an out-of-state RO. The officers must arrest the accused even without a physical confrontation. If the restrained party appeared at the survivor's home or made contact in violation of a valid RO, an arrest is mandatory. So, the officers will request the accuser to identify the abuser and then place them under arrest to protect the victim from further acts of aggression.
- Determine if there has been a Restraining Order Violation
Once the aggressor is in custody and the survivor is safe, the officer must find probable cause that the restrained party violated a valid RO. The evidence will then be presented to a prosecutor, who will evaluate it and, if there is a strong case, charge the defendant with an RO violation under PEN 273.6. Even if the restrained party is not a California resident, they will be treated in the same manner as a local offender.
A breach of a restraining order is a misdemeanor, although the prosecutor can file it as a felony if there are aggravating circumstances and the violation was deliberate. To secure a conviction under this statute, the prosecutor must show there was a valid foreign RO that the accused knew about and intentionally contravened. A first-time conviction without bodily harm carries a maximum of 12 months in county jail and no more than $1,000 in court fines.
Nevertheless, if the defendant is a repeat offender or engaged in a violent act during the violation, the prosecutor files a PEN 273.6 violation as a wobbler, which enables them to prefer felony charges. If found guilty of a felony restraining order violation, you risk at most 36 months of prison confinement and no more than $10,000 in court fines.
The defendant is sentenced per California’s sentencing guidelines and does not face extradition to face criminal justice in the state that issued the orders. By imposing harsh legal penalties, the state signals that out-of-state orders remain enforceable and discourages those who might plan to breach a foreign protective order.
Interstate Restraining Order Modification
One primary disadvantage of the interstate or out-of-state restraining order is that state judicial systems have strict jurisdictional boundaries on RO modification, meaning that you can only modify the order in the state in which it was issued. So, if your out-of-state RO is almost to expire or you want to adjust the terms to enjoy more protection, you cannot conduct the modification process in California courts. Instead, you should submit a DV-100, petitioning for a Domestic Violence Restraining Order (DVRO) with the local courthouse.
The DV-100 reveals your existing interstate RO and the harassment, stalking, threats, or sexual assault that led to the initial order. While the judge will take into consideration your history when making a decision, they will want proof that you are afraid of future harm. You can present threatening messages and emails, stalking, or a history of RO violations as evidence of possible future threats. Start the interstate order modification or extension several weeks before the expiry so that you can complete the process before the lapse of the legal protection.
By submitting the DVRO form, you make a new request for an RO, but this time around, in California. Once you have filed the request, the local court obtains the authority to set new terms for the protective orders. That way, you will obtain a local order, which is much simpler for the authorities to implement.
Once you acquire a local permanent restraining order, you can renew it every five years to extend the protection by fulfilling Form DV-700 requirements. However, you must be cautious with the new request because it might reveal your current location to the restrained party. In such cases, you can request a remote modification court hearing without having to travel back to the state that issued the order.
Find an Efficient Protective Order Attorney Near Me
Out-of-state restraining orders are supported by federal law, specifically the VAWA, providing you portable protection regardless of the state, tribe, or territory you visit or reside in. While the order is enforceable anywhere in the country, it must meet certain requirements to be valid and enforceable. Consult with an experienced protective order attorney to understand interstate ROs and how they work.
At Goldman Flores Restraining Order Law Firm in Orange County, we will answer all your questions about these decrees and streamline your portable protection process. Call us at 714-333-0699 to discuss your case.
