Attorney General Opinion No. 1995-107

Attorney General Opinion No. 1995-107
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Book Synopsis Attorney General Opinion No. 1995-107 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-107 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal violence against women act (VAWA) requires that a valid protection order issued by a court of another state or an Indian tribe be accorded full faith and credit by a Kansas court and enforced as if it were a Kansas protection order, provided the due process requirements of 18 U.S.C. section 2265(b) are satisfied. In some instances, full faith and credit may not be granted to foreign mutual protection orders. There is no requirement that the foreign protection order be filed pursuant to the uniform enforcement of foreign judgments act. A Kansas law enforcement officer is not in a position to determine whether the due process requirements were satisfied or whether a mutual protection order is entitled to full faith and credit; this is a decision for a court. Finally, both United States courts and Kansas courts may entertain violations of foreign protection orders. Cited herein: K.S.A. 1994 Supp. 21-3721; 22-2307; 22-2308; K.S.A. 60-3002; 60-3003; 60-3107; 60-3110; 18 U.S.C. sections 2262, 2265; 108 Stat. 1902.


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