Legal Information: Kansas

Restraining Orders

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September 26, 2017

What types of orders are there? How long do they last?

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.  The judge must believe there is an immediate and present danger of abuse to you or your minor child.  Since the emergency order is valid only until 5pm on the next day that the courthouse is open, you can apply for a protection from abuse order at the courthouse on that day (the next day that it is open).1

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 from abuse 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.2

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 the 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 1 year, but may be extended for 1 year, 2 years, or even for the lifetime of the abuser if certain conditions are met.3  For more information on extending an order, see How do I change or extend my order?

1 Kan. Stat. § 60-3105(a),(b)
2 Kan. Stat. § 60-3106
3 Kan. Stat. § 60-3107(e)