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 from a local law enforcement officer when you need immediate protection and the court is closed. The order would be signed by a district court judge who is on call. The judge must believe there is an immediate and present danger of abuse to you or your minor child. The emergency order is valid only until 5 pm on the next business day that the courthouse is open. You can then apply for a protection from abuse order at the courthouse on that day (the next day that the court is open).1
Temporary Protection from Abuse Order:
You can file for a temporary ex parte order when you file your petition for a protection from abuse order in district court. This type of order can be granted without prior notice to the abuser and without the abuser appearing in court. If a judge finds that you or your family are in immediate danger, s/he can grant a temporary ex parte 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 one year, but may be extended for one year, two 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)