60-31b04. Nonjudicial enforcement of order. - Kansas Statutes

60-31b04

Chapter 60.--PROCEDURE, CIVIL Article 31b.--UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT

      60-31b04.   Nonjudicial enforcement of order.(a) A law enforcement officer of this state, upondetermining that there is probablecause to believe that a valid foreign protection order exists and that theorder has beenviolated, shall enforce the order as if it were the order of a court of thisstate.Presentation of a protection order that identifies both the protectedindividual and therespondent and, on its face, is currently in effect constitutes probable causeto believe that avalid foreign protection order exists. For the purposes of this section, theprotection ordermay be inscribed on a tangible medium or may have been stored in an electronicor othermedium if it is retrievable in perceivable form. Presentation of a certifiedcopy of aprotection order is not required for enforcement.

      (b)   If a foreign protection order is not presented, a law enforcement officerof this state may consider other information in determining whether there isprobable cause tobelieve that a valid foreign protection order exists.

      (c)   If a law enforcement officer of this state determines that an otherwisevalidforeign protection order cannot be enforced because the respondent has not beennotified orserved with the order, the officer shall inform the respondent of the order,make areasonable effort to serve the order upon the respondent and allow therespondent areasonable opportunity to comply with the order before enforcing the order.

      (d)   Registration or filing of an order in this state is not required for theenforcementof a valid foreign protection order pursuant to this act.

      History:   L. 2005, ch. 146, § 4; July 1.