Am 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 who lives with you, currently or in the past;
- someone whom you are dating or have dated; or
- someone with whom you have a child in common.1
A parent, court-appointed legal custodian/guardian, or an adult living with a minor child can file on behalf of the minor child if the child has been abused by an intimate partner or household member.2
If you do not qualify for a PFA, you may be able to get a protection from stalking, sexual assault, or human trafficking order.
1 Kan. Stat. § 60-3102(b)
2 Kan. Stat. § 60-3104(b)
Can a minor file for an order?
If a minor was abused, the following people can file a petition for a protection from abuse order on behalf of a minor child:
- the minor’s parent;
- an adult who lives with the minor child;
- the minor’s court-appointed legal custodian; or
- the minor’s court-appointed legal guardian.1
1 Kan. Stat. § 60-3104(b)
Can 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 in What is the legal definition of abuse in Kansas?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
How much does it cost to file?
There is no fee for filing for a protection from abuse order in Kansas.1
1 Kan. Stat. § 60-31a06
Do 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 Places that Help page for a list of organizations and free legal assistance in your area.