Kansas Domestic Violence Laws

Anyone can end up a victim of abuse. Domestic violence crimes involve people who are either in an intimate relationship or household members. When an abusive offense occurs between them, Kansas law considers it domestic violence under the Protection From Abuse Act.

Domestic violence classification carries significant effects for both the victim and the abuser. In this article, we’ll examine domestic violence under Kansas law, show the penalties and protections it enables, and explain how a protection from abuser order works. Read on to gain a better understanding of Kansas domestic violence laws.

Defining Domestic Violence in Kansas

Domestic violence crimes in Kansas require the fulfillment of two conditions. Certain abusive crimes must happen between people in close personal relationships. The best way to understand domestic violence is to break down what it consists of.

Abusive Acts

Domestic violence crimes are about control and power. Abusers use a pattern of intimidation, threats, and violence to keep victims trapped in a vicious cycle of abuse. While domestic violence is often associated with physical abuse, that’s only one of many types utilized.

While some crimes are singled out as domestic abuse, the statute uses categories that cover many offenses. Domestic violence in Kansas includes:

• Causing bodily injury through recklessness or intent
• Attempting to cause bodily injury
• Using physical threat to place another in fear of imminent bodily injury
• Sexual contact with another person without consent or when consent wasn’t possible
• Attempted sexual contact with another person without consent or when consent wasn’t possible

Crimes that fit into one or more of the categories may be considered domestic violence under Kansas law. For example, sexual battery and rape are considered unwanted sexual contact.

Who Are Intimate Partners and Household Members?

While an abusive act is a crime, it’s not domestic violence unless it happens between certain people. Kansas requires participants of offenses considered domestic violence to be either intimate partners or household members. These are people sharing one of the following relationships:

• People in a “social relationship of a romantic nature” (couples who are dating, engaged, or in romantic relationships together)
• People who were in a dating relationship together
• People who reside together
• People who have resided together
• People who have a child in common

The categories allow for a good amount of inclusion. For example, the statute doesn’t specifically name spouses and former spouses as eligible, but they can qualify under multiple categories. People who live in the same house, such as stepchildren, are also household members. Victims of domestic violence gain access to special kinds of help.

Types of Assistance Available

There are a number of aids available for victims of domestic violence. Knowing what they are is the first step toward putting them to work for you.

Kansas Protection From Abuse Orders (PFA)

Protective orders operate on the concept that the threat of strict punishment should keep an abuser away from their victim. While not foolproof, Kansas protection from abuse orders are an effective way to provide relief.

These court orders use provisions to either forbid or compel certain behavior from the abuser. They often include no-contact orders and stay-away orders. Restraining orders can also determine temporary child custody, housing awards, and much more.

Protection from abuse orders are obtained through a district court. If the victim is a minor, a parent, guardian, or an adult living in the same household can file on their behalf. Forms are available at the courthouse or online.

PFAs are available as temporary protection from abuse orders, which last 21 days, and protection from abuse orders, which last between one and two years. Final protection from abuse orders are renewable. The court can also make them permanent.

There’s so much to know about Kansas protection from abuse orders that we’ve dedicated an entire article to discussing them. You can learn who they’re for, how they work, and how to get one of these important orders in FindLaw’s Kansas Protective Orders Law article.

The Safe at Home Program

Breaking away from an abuser can seem pointless if they can use public records to find you again. The Kansas Safe at Home program offers a solution. Participants in this address confidentiality program are given a second legal mailing address for use in public records, such as court documents, voter registrations, and more. It also forwards first-class mail to the victim’s true address. The program is free.

Victim Renter Protections

Victims of domestic violence don’t have to worry about lease-breaking penalties in Kansas. With written notice and proof of either abuse or an active PFA order, victims can make a legal exit from a lease without punishment. Kansas law protects victims from penalties for breaking their lease early, provided they give proper written notice and documentation.

Domestic Violence Advocates

Allies are waiting to help victims of domestic violence. Domestic violence advocates are experienced with what victims are going to face and can assist in a multitude of ways. Advocates help find shelters, assist with PFA petitions, and provide other useful services as well.

Safety Plan

Forewarned is forearmed, and one of the best ways for a victim to help themselves escape an abuser is to have a safety plan. Advocates can help you draft a plan for your future that includes account numbers, contacts, and how to react in certain situations. Be prepared to answer difficult but important questions about your situation.

Domestic Violence Crimes, Violations, and Penalties

In addition to protections for the victim, domestic violence crimes carry penalties that are often more punitive than normal. For example, consider the charge of battery. A first conviction for battery is a class B person misdemeanor. Jail time and a fine are possible, but not mandated.

Domestic battery is also a class B person misdemeanor for a first offense, but carries mandatory jail time, a fine of at least $200, and a possible domestic violence offender assessment conducted by a certified batterer intervention program. A second transgression within five years is a class A person misdemeanor with increased mandatory jail time and fines.

Violations of protection from abuse orders carry strict penalties as well. Any violation is a class A person misdemeanor charge in addition to sentences for the crime(s) committed during the breach of the order. A violation of an extended PFA may be charged as a severity level 6 person felony, depending on the circumstances.

It’s important for victims to alert law enforcement officers to all violations or threatened violations of a protection from abuse order. Abusers may also face contempt of court charges for a violation. If you’re facing criminal charges for a domestic violence offense, speaking with a Kansas criminal defense attorney is a good idea. These are serious issues, and you’ll need sound legal advice.

Kansas Domestic Violence Laws: Additional Resources

• National Domestic Violence Hotline (1.866.799.7233)
• Find Help – Kansas Coalition Against Sexual and Domestic Violence
• Kansas Protection From Abuse Forms – Kansas Judicial Council
• Kansas District Court Locator
• Domestic Violence FAQ

Talk to an Attorney

If you’ve suffered sexual assault, unwanted physical contact, or any other domestic violence crime and are in immediate danger, call 911. When you’re ready to leave your abuser behind, speak with a Kansas domestic violence attorney. A lawyer can help you make amendments to your protection from abuse order and help you find an abuse-free life.

If you’re facing domestic violence charges or have violated an order of protection, reach out to a Kansas criminal defense attorney. An expert with domestic violence cases can examine the claims of the alleged victim, lay out your options, and represent you in court. They’re also skilled at handling prior convictions from prior criminal cases.