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Know the Laws: Kansas

UPDATED September 22, 2017

Protection from Stalking or Sexual Assault Orders

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A protection from stalking order is a civil order that provides protection from someone who has stalked or sexually assaulted you, regardless of the relationship.

Who can get an order

back to topWho can get a protection from stalking or sexual assault order?

A victim of stalking or sexual assault can file a petition for a protection from stalking or sexual assault with any district judge or clerk of the court.*  

If the victim is a minor (a person under the age of 18), his/her parent or an adult living with the minor has the option of filing the petition on the minor's behalf with the district judge or with the clerk of the court in the county where the stalking or sexual assault occurred.**

* Kan. Stat. § 60-31a04(a)
** Kan. Stat. § 60-31a04(b)

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back to topCan I get a protection from stalking or sexual assault order if I am a minor?

Yes.  The law says that a "person" who is a victim may file, without specifying an age.  However, the law also allows for the parent or another adult who lives with the minor to file a petition on the minor's behalf.*

* Kan. Stat. § 60-31a04(a),(b)

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back to topHow much does it cost?

You do not have to pay anything to file for a protection from stalking or sexual assault order.*  If you are granted a final order, the judge may require the defendant to pay the court fees, and may also require that s/he pay your attorney fees.  However, if the judge decides that your stalking or sexual assault claim is not valid, s/he may require you to pay the defendant's attorney fees.**

* Kan. Stat. § 60-31a04(d)
** Kan. Stat. § 60-31a06(f)

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back to topDo I need a lawyer?

You do not need a lawyer to file for a protection from stalking or sexual assault order but it is generally better to have one if you can, especially if the abuser has an attorney.  In many places, local domestic violence or sexual assault programs can help you file for an order.  The clerk of the court should be able to provide you with the forms you need to file a petition.*

Please keep in mind that courthouse officials and domestic violence advocates who are not lawyers cannot give you legal advice or represent you in court.  You will find a list of legal organizations that might be able to help you at the KS Finding a Lawyer page.  You can also find contact information for the courthouse in your area at the KS Courthouse Locations page.  You can download the petition on our KS Download Court Forms page or you can get them at the courthouse.

* Kan. Stat. § 60-31a04(c)

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