Legal Information: Kansas

Restraining Orders

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June 21, 2021

What happens if the defendant violates the order?

If the defendant violates any part of the order, you can call the police and report the violation. S/he can be held in contempt1 by the judge and, depending on what s/he did to violate the order, s/he may also be charged with a crime.

Depending on which part of the order the defendant violates, s/he can be charged with whatever crime s/he commits (i.e., stalking, battery, criminal trespass, a sex offense, or human trafficking).2 In addition, violating a protection from stalking, sexual assault, or human trafficking order can be a class A person misdemeanor.

If your order was extended for at least two years due to the defendant violating the original order or due to the defendant being convicted of certain crimes against you, then a violation of the extended order can be a level 6, person felony.3

1 Kan. Stat. § 60-31a09
2 Kan. Stat. § 60-31a06(a)
3 Kan. Stat. § 21-5924(b)

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