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Know the Laws: Kansas

UPDATED September 26, 2017

Protection from Abuse Orders

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A protection from abuse order is a civil order that provides protection from an intimate partner or household member.

Who can get a protection from abuse order

back to topAm I eligible to file for a protection from abuse order?

You can seek legal protection from acts of domestic violence done to you or your minor child by an "intimate partner or household member," which includes:

  • Your spouse or ex-spouse,
  • Someone you currently or formerly live(d) 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 (under 18**) can file on behalf of the minor child alleging abuse by an 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. To find help in your state, please click on the Where to Find Help tab at the top of this page.

If you do not qualify for a PFA, you may be able to get a protection from stalking order. See our Protection from Stalking Orders section.

* Kan. Stat. § 60-3102(b)
** Kan. Stat. § 39-1430(a)
*** Kan. Stat. § 60-3104(b)

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back to topCan I get a protection from abuse order against a same-sex partner?

In Kansas, you may apply for a protection from abuse order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for a protection from abuse order?  You must also be the victim of an act of abuse, which is explained here What is the legal definition of abuse in Kansas?

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back to topHow much does it cost to file?

There is no fee for filing for a protection from abuse order in Kansas.*

* Kan. Stat. § 60-31a06

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back to topDo I need an attorney?

No, you do not need an attorney to file for a protection from abuse order, but it might be better to have one, especially if the abuser is represented by one.  A domestic violence organization in your area may be able to refer you to an attorney or you may be able to contact your local legal services to take your case for free.  Often, domestic violence organizations can help you through the process if you do not have an attorney.  Go to our Where to Find Help page for a list of organizations and free legal assistance in your area.

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