Legal Information: Kansas

Restraining Orders

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Updated: 
May 6, 2022

Can I get my PFA from Kansas enforced in another state?

If you have a valid Kansas PFA that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid PFAs granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. Each state must enforce out-of-state PFAs in the same way it enforces its own orders, which means that if the abuser violates your out-of-state PFA, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”

How do I know if my PFA is valid under federal law?

A PFA is valid anywhere in the United States 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.1
  • 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 orders and emergency orders, the abuser must have received notice and have had 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.2

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.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)

I have a temporary ex parte order. Can it be enforced in another state?

An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my PFA is valid under federal law?1

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone if that is an option offered by the court. However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

1 18 U.S.C. § 2265(b)(2)

Do I need to tell the court in Kansas if I move?

In general, the court that issued you your protection from abuse order may need to have an up-to-date address for you at all times, because they will communicate with you only by mail if, for example, if the abuser asks the court to dismiss or change your order in any way. If you will not be receiving mail at your old address, you may want to provide the court with a new address where you can receive mail.

If you provide your new address to the court, you can ask that they keep it confidential. However, your new address could possibly be released to court officials in your new state or law enforcement officials in either Kansas or your new state. If you feel unsafe giving your new address, you may use the address of a friend you trust or a P.O. box instead.

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