Kansas Protective Orders Laws

Since there are many types of abusive crimes, Kansas offers different protective orders to suit each situation. Which one you need depends on the offenses committed and the people involved. The protections offered by these court orders can help victims escape their abusers.

Given the confusion, terror, and chaos associated with abusive acts, it’s difficult to know which order is the right one. This guide explains the protection from abuse orders available in Kansas, what they do, and the process for getting the one you need.

While you can obtain a protective order on your own, it helps to have someone on your side who knows the system in times of crisis. A local domestic violence attorney can explain your options and guide you every step of the way.

First, let’s go over how Kansas defines domestic violence.

What Constitutes Domestic Violence in Kansas?

Also referred to as domestic abuse, domestic violence offenses often occur in and around the home. To receive domestic violence classification under the Kansas Protection From Abuse Act, certain abusive acts must occur between people sharing qualifying personal relationships.

Victims of domestic violence gain access to specialized protections (such as this order) while abusers face enhanced penalties and conditions they must obey. For a deep dive into state laws surrounding domestic violence, FindLaw’s Kansas Domestic Violence Laws article is an excellent resource.

Qualifying Relationships

People involved in domestic violence crimes are considered family members, household members, and intimate partners. The people and relationships are:

• People who reside together
• People who have resided together
• People in a dating relationship (a social relationship of a romantic nature) together
• People who were in a dating relationship together
• People who have a child in common

Relationships that fall under one or more of these categories are eligible for domestic violence considerations. For example, a couple might reside together, be in a dating relationship, have a child in common, or all three.

Abusive Acts

In addition to the participants, certain abusive acts must occur between them. These offenses include:

• Causing a bodily injury or using physical force on purpose
• Attempting to cause bodily injury or to use physical force
• Threatening to cause bodily injury or to use physical force
• Engaged in unwanted sexual contact or attempted unwanted sexual contact where the victim was unwilling or incapable of giving consent
• Engaging in sexual conduct (sexual intercourse or touching) with a minor child under 16 years of age

If an act under one of these categories is committed between people in a qualifying relationship, Kansas considers it domestic violence, and the victim is eligible for a protection-from-abuse order. Parents and guardians of a minor can file on their behalf.

Types of Protective Orders Available in Kansas

Kansas protective orders use customizable provisions to protect the alleged victim. They can restrict access, contact, and more. Each order is tailored to the unique situation. An order issued in Kansas is enforceable anywhere in the U.S. under federal law. Kansas honors orders from other states as well. Let’s look at what each order does.

Protection From Abuse (PFA)Orders –Domestic Violence

Domestic violence protection from abuse protective orders are filed for by the petitioner (victim) in any Kansas district court or through a domestic violence advocate. You can also file online through the Kansas Protection Order Portal (KSPOP), but your order may get delayed until a judge can speak with you.

Forms are available online or in the clerk’s office at the courthouse. If you’re filing without legal aid, you need to submit a Self-Represented Litigant Certification form as well. You can keep your address hidden by submitting a Confidential Address form.

If either you or a child is in immediate danger and your district court is closed, you can apply for an emergency protection from abuse order at any district court. If the court agrees there’s a danger, the emergency order is issued ex parte, which means the defendant (the alleged abuser) does not have to be present at the hearing. The emergency order lasts until 5 p.m. on the next day the court is open.

Whether or not an emergency order was issued, the next step is to file a petition for a temporary ex parte protection from abuse (PFA) order. The district court clerk will take it to a judge, who may ask you additional questions. If the judge finds that a threat of abuse exists, the order is issued ex parte. A temporary PFA order lasts up to 21 days or until the final court hearing.

A temporary PFA order offers immediate protection by ordering the defendant to refrain from certain behavior. It can also make temporary rulings on other issues, such as:

• The defendant (abuser) cannot abuse, harass, or interfere with the privacy or rights of the petitioner (victim)
• The defendant cannot enter the victim’s home or be on their property
• The defendant must vacate a shared residence and not return
• Awarding temporary custody of any minor children with the best interests of the child in mind
• Setting parameters for parenting time and visitation that can include neutral sites and supervised visits

The court can add any other types of protection it considers necessary. The temporary PFA is served to the defendant by law enforcement. The petitioner should never serve the defendant themselves.

After being served, the defendant can do one of the following:

• Oppose the order
• File a counter-petition for a mutual order of protection from abuse
• Offer a consent order

A consent order is an agreement between the two parties, often created by their attorneys. While the petitioner gets the PFA, the defendant agrees to abide by it without admitting to domestic abuse. If they oppose the order, the matter is settled at the final court hearing. Both sides argue their cases, present evidence, and call witnesses to testify.

If the defendant does not oppose the order or doesn’t show up at the court date, the court will finalize the order in their absence.

If the plaintiff proves that further abuse is threatened, the court issues a final protection from abuse order. This can amend the provisions from the temporary order and add new ones, such as:

• The defendant must pay for suitable alternate housing for the plaintiff and minor child(ren)
• Awarding custody of the minor child(ren) with a UCCJEA form included
• Establishing child support
• Establishing spousal support
• Awarding possession of personal property, including pets, and the assistance of law enforcement officers in securing that property
• Attorney’s fees and costs
• Ordering domestic violence counseling for the defendant
• Transferring the rights to and billing responsibility for the wireless telephone number to the petitioner

As with temporary PFAs, the court can include any provision needed. A final protection from abuse order in Kansas lasts for a fixed period of one to two years. After that, it can be renewed for up to three years.

In certain serious circumstances, such as when the defendant has violated the protection order, previously violated a protection order, or been convicted of a person felony against the plaintiff or household member, the court may extend the protective order for the lifetime of the defendant. This means the defendant must comply with the order’s restrictions for the rest of their life.

Protection From Stalking, Sexual Assault, and Human Trafficking Order

If you’ve suffered abuse but don’t have a close personal relationship with your abuser, a Kansas protection order is another option. The Kansas Protection From Stalking, Sexual Assault, and Human Trafficking Act covers the following offenses regardless of the association between the victim and the abuser:

• Stalking (intentional harassment that causes a person to fear for their safety)
• Sexual assault (nonconsensual sexual acts or an attempted sexual act against another by force, threat of force, duress, or when the person is incapable of giving consent)
• Human trafficking/commercial sexual exploitation of a child

Getting a protection order begins with the petitioner (victim) filing the necessary forms for an ex parte temporary protection order in any Kansas district court or through a sexual violence advocate. You can also file online through the Kansas Protection Order Portal (KSPOP), but your order may get delayed until a judge can speak with you.

Forms are available online or in the clerk’s office at the courthouse. If you’re filing without legal aid, you need to submit a Self-Represented Litigant Certification form as well. You can keep your address hidden by submitting a Confidential Address form.

The court clerk will take it to a judge, who may ask you additional questions. If the judge agrees the threat of abuse is present, the order is issued ex parte, which means the defendant (abuser) isn’t spoken to before the order is issued. The sheriff’s department will serve the order to the defendant. A temporary PFA order lasts up to 21 days or until the final court hearing.

The temporary protection order contains provisions designed to stop the abuser from continuing to stalk, sexually assault, or traffic the victim. Some common conditions available include:

• Issuing a no-contact order
• Forbidding the defendant (abuser) from abusing or harassing the petitioner (victim)
• Issuing a stay-away order
• Forbidding the defendant from committing or attempting to commit any form of sexual assault on the petitioner
• Forbidding the defendant from stalking the petitioner
• Forbidding the defendant from trafficking the petitioner

The court can add other conditions. At the court hearing, the petitioner must convince the court that the defendant remains a threat. If successful, a final order lasts up to a year. It’s renewable for an additional year. If the defendant violates the protective order or has done so in the past, the court must extend the order for at least another two years and may extend it to last for the rest of the defendant’s life.

Violations and Penalties

While not foolproof, a protective order can act as an effective deterrent to further abuse if the defendant fears the potential penalties. This means the petitioner should alert law enforcement to any violations or threats to violate the order.

Most violations of Kansas protection orders are a class A “person misdemeanor” punishable by up to a year in jail and a fine of up to $2,500.

However, violation of a protective order that has been extended to the defendant’s lifetime carries enhanced penalties. If an order has been extended, violations become a severity level six person felony, with recommended prison time of between 32 and 36 months and a fine of up to $100,000. A violator may also be found in contempt of court.

Depending on the nature of the violation, they may face separate criminal charges such as criminal trespass, assault, battery, domestic battery, or stalking.

For example, if a defendant has a lifetime-extended protective order against them and they show up at the victim’s workplace and threaten them, they could face multiple criminal charges:

• Violation of a protective order – a severity level six person felony (because the order was extended to lifetime)
• Criminal trespass – for entering or remaining on the property
• Assault – for threatening the victim

Each of these is a separate crime with its own penalties, and the defendant could be prosecuted and sentenced for all of them.

Additional Resources

• National Domestic Violence Hotline (1.866.799.7233)
• Find Help – Kansas Coalition Against Sexual and Domestic Violence
• Kansas District Court Locator
• Domestic Violence FAQ
• Kansas Stalking Laws

Get Help with a Kansas Protective Order

If you’re experiencing domestic violence, help is available. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. A Kansas protective order is a good idea as well. If you’re uncertain how to proceed, speak with a Kansas domestic violence attorney. They can walk you through your options and ensure all the details are in order, so you can focus on building a new life in safety.

If you’re facing criminal charges for violating a Kansas protective order, take it seriously. Domestic violence convictions come with serious penalties that can impact the rest of your life. Speak with a Kansas criminal defense attorney as soon as possible to ensure your rights are protected.