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Know the Laws: Kansas

UPDATED September 26, 2017

Enforcing an Out-of-State Order in Kansas

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If you are planning to move to Kansas or are going to be in Kansas for any reason, your protection or restraining order can be enforced.

General rules for out-of-state orders in Kansas

back to topCan I get my protection order enforced in Kansas? What are the requirements?

Yes.  Your protection order can be enforced in KS as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**

In Kansas, presentation of a certified copy is not necessary for enforcement; it can be a written or electronically imaged copy.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)

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back to topCan I have my protection order changed, extended, or canceled in KS?

No.  Only the state that issued your foreign protection order can change, extend, or cancel the order. You cannot have this done by a court in Kansas.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living.  To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued. 

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back to topI was granted temporary custody with my PFA.  Will I still have temporary custody of my children in KS?

Yes. As long as the child custody provision complies with certain federal laws,* Kansas can enforce a temporary custody order that is a part of a protection order.  However, before leaving the state that issued the order, you should talk to an attorney to make sure that moving out of your state would not violate any custodial interference laws or any court rules regarding moving out of state. 

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here KS Finding a Lawyer.

* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act

 

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