By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2023
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When someone is being abused and wants legal protection to help stop domestic violence, they can ask the court for a protective order. Victims of sexual assault and stalking can also ask for a protective order.
Technically a protection order is just a piece of paper, but it allows you to call the police if your abuser is intentionally bothering you or coming to your home if he or she has been kicked out. The police will then (hopefully) arrest the restrained person for violating the order. Protective orders can be an effective tool against domestic violence when used in combination with other safety planning measures in order to help a victim either leave an abusive situation or keep a stalker away.
This article provides a brief overview of protective orders laws in Kansas.
The following table explains the basic protection order laws in Kansas.
Code Sections |
§ 60-3101 et seq. of the Kansas Statutes |
|---|---|
What is Abuse and Stalking? |
“Abuse" means the occurrence of one or more of the following acts between intimate partners or household members: intentionally attempting to cause bodily injury, or intentionally or recklessly causing bodily injury; intentionally placing, by physical threat, another in fear of imminent bodily injury; engaging in any sexual contact or attempted sexual contact with another person without consent or when such person is incapable of giving consent; engaging in any of the following acts with a minor under 16 years of age who is not the spouse of the offender: the act of sexual intercourse; or any lewd fondling or touching of the person of either the minor or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the minor or the offender, or both |
Activity Addressed by Order |
Restraining the defendant from abusing, molesting, or interfering with the privacy or rights of the plaintiff or of any minor children of the parties; granting possession of the residence or household to the plaintiff to the exclusion of the defendant, and further restraining the defendant from entering or remaining upon or in such residence or household, subject to the limitation of the subsection; requiring the defendant to provide suitable, alternate housing for the plaintiff and any minor children of the parties; awarding temporary custody and residency and establishing temporary parenting time with regard to minor children; ordering a law enforcement officer to evict the defendant from the residence or household; ordering support payments by a party for the support of a party's minor child, if the party is the father or mother of the child, or the plaintiff if the plaintiff is married to the defendant; awarding costs and attorney fees to either party; making provision for the possession of personal property of the parties, and ordering a law enforcement officer to assist in securing possession of that property, if necessary; requiring any person against whom an order is issued to seek counseling to aid in the cessation of abuse; ordering or restraining any other acts deemed necessary to promote the safety of the plaintiff or of any minor children of the parties |
Duration of Order |
Valid for one year and can be extended for an additional year |
Penalty for a Violation of Order |
Violation of a protective order is a class A person misdemeanor; violation of an extended protective order and amendments thereto is a severity-level six, person felony |
Who Can Apply for a Protection Order? |
A person or minor child through a parent or adult residing with the child can apply for a protection order. However, you can't apply for one more than twice a year, except when it's for abuse of a minor. Orders will also protect intimate partners or household members, which means persons who are or have been in a dating relationship; people who reside together or who have formerly resided together or persons who have a child in common; also includes those in a dating relationship; for a minor child, the following persons may also seek relief: a parent of the minor child, an adult residing with the minor child, or the child's court-appointed legal custodian or court-appointed legal guardian |
Filing Fees |
There's no filing fee for protection orders in Kansas |
Order Transmission to Law Enforcement |
A copy is sent to the police department in the plaintiff's town or county, which will then add it to the national database |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If someone is hurting or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the near future, you may want to get a protective order.
Please contact a Kansas domestic violence attorney for help.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Kansas attorneys offer free consultations.