Resource for a Recourse: Online Resource Center for Survivors of Abuse

KANSAS : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

"Abuse" means any of these acts when done by an "intimate partner or household member":

Causing or trying to cause bodily injury
Threatening bodily injury
Engaging in any sexual acts with a minor under 16 years of age who is not the spouse of the offender

You can seek legal protection from acts of domestic violence done to you or your minor child by and "intimate partner or household member." That means:

Your spouse, or ex-spouse,
Someone you currently or formerly lived with,
Someone whom you are dating or have dated, or
Someone with whom you have a child in common.

A parent or adult living with a minor child can file on behalf of the minor child alleging abuse by another intimate partner or household member.

If you are being abused by a same-sex partner, you may be able to get a PFA against that person if you have dated or lived together. Judges in KS may rule differently on this, so please talk to someone in a local domestic violence program for help before you file your case.

Types of protective orders:

Emergency Protection from Abuse Order

You can request this type of order when you need immediate protection and the court is closed. Since the Emergency Order is valid only until 5pm the next day, apply for a Protection from Abuse Order at the courthouse the next day.

Note: Unfortunately, most places in Kansas are not actually offering these. You can ask the Sheriff's Department or the local Domestic Violence or Sexual Assault program if they are available in your area.

Temporary Protection from Abuse Order

This type of order can be granted on your testimony or any evidence you present to the court in your application for a final protection order. If a judge finds that you or your family are in immediate danger, s/he can grant a temporary order which will last until your final hearing that will usually take place within 20 days.

Final Protection from Abuse Order

This type of order is awarded by a judge only after a final hearing in court in which you and your abuser each have an opportunity to present evidence and tell your different sides of the story. A Final Protection from Abuse Order lasts for up to one year, but may be extended

Note: If you do not qualify for a PFA, you may be able to get a Protection from Stalking order.

A protection from stalking (PFS) order is a civil court order that is intended to protect a victim of stalking. You do not have to have a prior or current personal relationship with the person you want restrained, but you do have to prove that the person is stalking you (as defined by law).

The Protection from Stalking Act (PFSA) contains three definitions that are important to consider if you want to file for a PFS order.

First, "stalking" is defined as the "intentional harassment of another person that places the other person in reasonable fear for that person's safety."
Second, "harassment" is a "knowing and intentional course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose."
Finally, stalking and harassment must include a "course of conduct" on the part of the stalker, consisting of two or more separate acts over a period of time, however short, showing a "continuity of purpose" that would cause a reasonable person to suffer substantial emotional distress.

These three definitions should be read together when considering whether you qualify for a PFA order. Remember, you have to show that you have a reasonable fear for your safety.

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Benefits:

A Protection from Abuse Order may:

Order the abuser not to assault, threaten, abuse, follow, harass, or interfere with you and your children in person, at work, on the telephone, or by other means;
Give you possession of your home (unless you are not married and your abuser owns the home);
Require the abuser to provide alternate housing for you and/or your children
Order the police to remove the abuser from the home and help you return to the home;
Give you possession of shared personal property including a car and household goods, except for the abuser's personal belongings;
Establish temporary custody and visitation rights and order child support;
Order your spouse to pay spousal support;
Require the abuser to seek counseling;
Restrain the abuser from canceling utility service to your house for sixty days;
Order the abuser to pay your attorney's fees; and/or
Order the abuser to do anything else the judge decides is necessary to protect you and your children. (Be sure to ask for anything else you think is important.)

xxx Whether a judge orders any or all of the above depends on the facts of your case and the judge's discretion.

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Costs:

There is no fee for filing for a Protection from Abuse Order in Kansas.

No, you do not need an attorney to file for a Protection from Abuse Order, but it might be better to have one. It may be in your interest to hire an attorney if your abuser is represented by one. A domestic violence organization in your area may be able to refer you to an attorney or legal aid service that will take your case for free. Often, domestic violence organizations can help you through the process if you do not have an attorney.

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Violations:

Violating a PFA order is against the law. There are two ways to get help if your abuser violates the PFA order.

Police or Sheriff (Criminal)

If the defendant violates the PFA order, call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a PFA and the defendant is violating it. If the defendant is arrested, then the Prosecutor (District Attorney) can prosecute your abuser because it is a crime to violate a PFA order. If found guilty of a violation of a PFA order, the defendant can be put in jail for up to 150 days.

Through the Civil Court System (Civil)

You may file for civil contempt for a violation of the order. The abuser is in "civil contempt" if he or she does anything that your PFA order orders him or her not to do. To file for civil contempt, go to the clerk's office and ask him/her for the petition to file for claiming a violation of the order. The violation petition and a summons must be served upon your abuser, or the court may issue a warrant for his arrest.

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