HUTCHINSON, Kan. — A man who was once the police chief in Bushton in Rice County wants a felony charge in Reno County dismissed.

During a hearing Thursday morning for Brian Treaster, his attorney argued that he was not aware of the protection from stalking order when the state alleges he stalked his ex-wife.

He is charged with the felony stalking charge as well as misdemeanor counts of violation of a protection from stalking order, two counts of harassment by telephone and two counts of disorderly conduct. The alleged crimes occurred on three dates: Feb. 27, April 11 and April 18 of this year.

During a divorce hearing, the state argues both sides agreed to a restraining order for no contact, but the defense countered that this restraining order was never brought up at the preliminary hearing.

Reno County District Judge Trish Rose took the issue under advisement, saying she would read the transcript of the preliminary hearing and issue a ruling on Friday.

Treaster is scheduled for a jury trial on Nov. 5.