The Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act and providing a criminal penalty

The bill provides uniform procedures for enforcement of Canadian domestic violence protection orders. Under the bill, law enforcement officers must determine whether there is probable cause to believe that a valid order exists and has been violated. The bill provides that if a protected individual can provide direct proof of the existence of a facially valid order, for example, by presenting a paper copy or accessing an electronic registry, the copy or registry conclusively establishes probable cause. However, if there is no such direct proof, the bill allows law enforcement to consider other information and make a determination whether there is probable cause to believe that a valid protection order exists and has been violated.

If the officer determines that the order cannot be enforced because the person against whom the order was issued has not received appropriate notice, the officer is required to provide notice to the protected individual and then make a reasonable effort to notify the person against whom the order was issued and allow that person an opportunity to comply with the order.

A person against whom an order is enforced will have sufficient opportunity to demonstrate that the order is invalid if and when the case is brought before the enforcing tribunal. Under the bill, a tribunal, defined in the bill as a court, agency, or other entity authorized to establish, enforce, or modify a domestic protection order, may issue an order to enforce or refusing to enforce a Canadian domestic violence protection order following the procedures set forth in current law for enforcement of domestic protection orders. The bill provides immunity for officials for acts and omissions arising out of the filing or enforcement of a Canadian domestic violence protection order, if the act or omission was a good faith effort to comply with the requirements for filing or enforcement.

This bill includes some modifications from, or additions to, the model language recommended by National Conference of Commissioners on Uniform State Laws.

For example, as recommended by the National Conference of Commissioners on Uniform State Laws, this bill provides an optional procedure for filing a Canadian domestic violence protection order, but does not require individuals seeking enforcement of a protection order to file the order. The filing procedures in this bill, however, follow the procedures set forth in current law under the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act rather than the model language. This bill also includes a penalty provision for violation of a condition of a protection order.