Kansas Family Law on Domestic Violence

Abusive crimes between people sharing close personal relationships can destroy lives and tear families apart. For victims of domestic violence, escaping their abuser may seem impossible. The state of Kansas has protections and programs to help.

Domestic violence is a complex, uncomfortable, and difficult subject. To help, we’ve provided answers to important questions about domestic abuse. You’ll learn what domestic violence is, the protections and penalties Kansas law uses, and the types of help available.

For a more straightforward examination of domestic abuse, FindLaw’s Kansas Domestic Violence Laws article has what you’re looking for. For responses to pertinent questions, read on.

What Is Considered Domestic Violence in Kansas?

Domestic violence involves people in qualifying relationships engaging in one or more of a subset of specified abusive acts. The image it conjures is often that of an abuser physically assaulting their spouse. That is one form of domestic violence, but not the only one.

As mentioned, domestic violence classification requires an offense to have certain people involved in certain crimes. The participants are referred to as intimate partners and household members under Kansas family law, and they include the following:

• People in a dating relationship (a social relationship of a romantic nature) 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
• Current spouses
• Former spouses

People can fit into more than one category at the same time. For example, former spouses who had kids and used to live together are in multiple groups. Courts examine factors such as the length of the relationship, the nature of the interaction, and the frequency of contact when determining whether a “dating relationship” exists under Kansas law.

For domestic violence classification, these relationships need to have specific types of abusive crimes occurring between them:

• Causing bodily injury or bodily harm through intent or recklessness
• Attempting to cause bodily injury or bodily harm
• Using physical threat to place another in fear of imminent bodily injury

If both requirements are met, the offense is considered domestic violence in Kansas. If one element doesn’t qualify, it’s still a crime eligible for prosecution.

Are Domestic Violence and Domestic Abuse the Same Thing?

We made a point of introducing both terms because you’ll likely encounter each one. Most Kansas statutes refer to certain criminal acts between intimate partners and household members as abuse. Protection from abuse (PFA) orders are a form of relief for domestic violence victims.

It’s possible to find both domestic violence and domestic abuse referenced in the same Kansas statute. Most state and national programs opt for domestic violence. Both terms should convey your meaning.

Why Is Domestic Violence Classification Important?

Having a crime classified as domestic violence is important for several reasons. Victims of domestic violence gain access to special protections and programs, including protection from abuse orders. These aids can help a victim escape their abuser for good.

Domestic violence offenses often carry heavier penalties than an ordinary version of the same crime. For example, while both simple battery and domestic battery are Class B person misdemeanors for a first offense, domestic battery carries enhanced penalties, including mandatory jail time, a mandatory fine between $200 and $1,000, and possible domestic violence offender assessment.

What’s To Stop My Abuser From Coming After Me Once I Leave?

If you’ve suffered domestic abuse or fear imminent domestic violence, help is available from a domestic violence protection from abuse (PFA) order. While not foolproof, a PFA is a court order that uses provisions to protect victims from their abusers through no-contact orders and stay-away orders. PFAs can also contain temporary orders for child custody, child support, and spousal support.

There’s a lot to know about protective orders in Kansas. We’ve gathered a wealth of information about PFAs in FindLaw’s Kansas Protective Orders Laws article. You’ll learn which orders are available, how the provisions work and are amended, and what the process is for getting one through a Kansas district court.

Are There Other Protections Available for Victims of Domestic Violence in Kansas?

Protection from abuse orders are one option for relief, but others are available as well. All can help a victim stay safe.

Safe at Home Program

Discovering a haven that your abuser can find through public records is intolerable. Kansas agrees and offers assistance through the Safe at Home program. This address confidentiality program issues a second legal address to participants, which is used for public records. The program also forwards first-class mail to the victim. There’s no charge for the Safe at Home program.

Renter Protections and Rights

Victims of domestic violence have special rights when it comes to renting property. They can’t be denied housing because of their protected person status. They also have the right to make a legal break of a lease without penalty by giving the landlord written notice and proof of either domestic abuse or a PFA.

Domestic Violence Advocates

We’ve mentioned them a few times already and do so again because they are an incredible resource for victims of domestic abuse. Domestic rights advocates have dealt with situations like yours before and can help you make a safe escape.

I Got a Temporary Protection From Abuse Order. When Does It Start Working?

A temporary PFA goes into effect once the defendant (abuser) is served with the order. This is done by the sheriff’s department or another law enforcement officer. As the petitioner, you should never serve the order yourself. The temporary order lasts 21 days or until the court date for the final hearing.

My Abuser Likes Guns and Has a Bunch of Them. Should I Mention That When Filing for a PFA?

Yes, you should make sure the court and law enforcement know about any deadly weapons possessed by your abuser. If you know what kinds of weapons they are and where they’re kept, supply that information.

Under federal law, defendants convicted of a misdemeanor domestic violence offense face a lifetime ban on possessing firearms. Kansas law may impose additional restrictions.

My Abuser’s Attorney Wants Me To Consider a Consent Order Instead of a PFA. Is That a Good Idea?

A consent order is an agreement between the petitioner and the defendant. If approved by both sides, it functions in the same way as a PFA. A defendant wants a consent order because there’s no admission or finding of guilt.

If you’re the petitioner and the defendant agrees to all the provisions you want, a consent order takes away the uncertainty of a hearing. It’s an important choice and not one recommended to make without having your own Kansas domestic violence attorney involved. If cost is an issue, you can include a condition that requires the defendant to pay your legal fees.

It’s Time for My Final Court Date for My PFA. Any Advice?

If you’ve already retained counsel, your Kansas domestic violence attorney or criminal defense attorney will ensure you’re ready. If you’re representing yourself, you need to be prepared. Organize your evidence, secure your witnesses, and plan what you’ll say. Leave the dramatics at home. Be respectful to the judge and other court officials.

What Sort of Penalties Do Domestic Violence Offenses and PFA Violations Carry?

As touched on earlier, domestic violence crimes carry enhanced penalties and punish repeat offenders. For example, battery is a Class B person misdemeanor, while domestic battery is a Class B person misdemeanor for a first offense.

However, domestic battery carries mandatory jail time and a mandatory minimum fine. The court can order an abuser to undergo a domestic violence offender assessment conducted by a certified batterer intervention program.

Violations of a Kansas protection from abuse order are a Class A misdemeanor for the first transgression. The abuser also faces contempt charges. The first violation carries potential jail time of up to one year and fines up to $2,500. Subsequent violations are a severity level nine person felony. This is in addition to penalties for the crime committed during the violation.

I’m Divorcing and Want Primary Custody of our Children. Will My Abuser’s Domestic Violence Convictions Help?

Courts operate by making decisions that are in the best interest of the child. In most instances, that means trying to keep both parents involved in the child’s life. The court will consider any domestic abuse or acts of domestic violence while determining a parenting plan. They can order conditions such as supervised visits or neutral locations. The court won’t put a minor child in danger.

Related Resources

• National Domestic Violence Hotline (877.799.7233)
• Kansas Protection Order Portal (KSPOP)
• Domestic Violence – Orders of Protection and Restraining Orders
• Kansas DOC Victim Services
• Kansas Legal Services

Family Law Issues in Kansas? Talk to an Attorney

If you or a loved one has suffered an act of violence, sexual assault, child abuse, or any other domestic violence crime, call 911. If you feel overwhelmed, consider speaking with a Kansas domestic violence attorney for legal assistance. They can also help with divorce proceedings.

Facing domestic violence charges is no laughing matter. If you’re accused of unwanted physical contact, sexual assault, or a violation of a protection from abuse order, talk to a Kansas criminal defense attorney for legal advice. They’ll consider any prior convictions and explain your options.