Know the Laws: Kansas
UPDATED December 2, 2012
A protection from abuse order is a civil order that provides protection from an intimate partner or household member.
A protection from abuse order is also called a restraining order. It is a paper which is signed by a judge and tells the abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence.
This section defines domestic violence for the purposes of getting a protection from abuse order.
"Abuse" means any of these acts when done by an "intimate partner or household member":
* Kansas Code 60-3102 "Abuse" Defined
There are three types of Protection from Abuse Orders in Kansas:
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: You can ask the Sheriff's Department or the local Domestic Violence or Sexual Assault program if they are available in your area. See our KS Sheriff Departments page and our KS State and Local Programs page for referrals.
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 21 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 for 1 year, 2 years, or even for the lifetime of the abuser if certain conditions are met.*** For more information, see How do I change or extend my order?
* Kansas Code § 60-3105
** Kansas Code § 60-3106
*** Kansas Code § 60-3107(e)
A protection from abuse order can:
* Kansas Code § 60-3107(a)
** Kansas Code § 60-3107(d)
A "mutual" order of protection prohibits BOTH parties from abusing, molesting, or interfering with the privacy or rights of each other. It may order that BOTH parties not contact each other.
If the defendant (the abuser) files and serves you with a counter-petition saying that you have abused him, there are generally two ways a mutual order may be issued against you:
Many times the judges or lawyers will encourage women to consent to the order against her using the rationale that if you do not plan on violating the order, it shouldn’t bother you to have an order against you. However, this way of thinking can be dangerous. If the batterer gets the restraining order, he can easily try to falsely report a violation or trick you into violating the order so that you get arrested, which can have consequences on future custody cases, restraining order cases, or immigration matters. A judge cannot force you to consent, however. You have the right to a hearing where you can defend yourself and then the judge will have to decide if the batterer proved his case against you.
If a counter-petition is filed against you or you are urged to consent to a mutual order, think seriously about getting an attorney to help you. Go to our KS Finding a Lawyer page.
* K.S.A. 60-3107(b); see also Kansas Coalition Against Sexual and Domestic Violence, www.kcsdv.org/pfa.html
You can file a protection from abuse order in any district court in the state.*
* K.S.A. 60-3103