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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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Registering your out-of-state order in Kansas

back to topWhat is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to Kansas, the state that issued your protection order may already have entered your order into the NCIC.  If not, your order will be entered into the NCIC once your order is registered in KS.

All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.

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back to topHow do I register my protection order in Kansas? Do I have to do so?

You have the option to (but are not required to) register a foreign protection order in Kansas.  There is no fee to register the order.*  To register a foreign protection order in Kansas, you must present a certified copy of the order to the sheriff in the county where the protection order will be enforced.  The sheriff will contact the courthouse where your order was issued to verify that the order is real and request that they enter the order (if it has not already been entered) into the National Crime Information Center (NCIC) Registry and other appropriate databases.*  

If you need help registering your protection order, you can contact a local domestic violence organization in Kansas for assistance. You can find contact information for organizations in your area here on our KS State and Local Programs Page page.

* Kan. Stat. § 60-31b05(a),(b)
** Kan. Stat. § 60-3112

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back to topDoes it cost anything to register my protection order?

No. There is no fee for registering your protective order in Kansas.*

* Kan. Stat. § 60-31b05(b)

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back to topWill the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.*  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Staying Safe page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our KS State and Local Programs page.

* 18 USC § 2265(d)

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