Legal Information: Kansas

Restraining Orders

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Updated: 
January 17, 2019

Who can file for a protection from stalking, sexual assault, or human trafficking order?

An adult victim of stalking. sexual assault, or human trafficking can file a petition on his/her own behalf regardless of the relationship with the abuser.1

If the victim is a minor (a person under the age of 18), an adult will likely have to file on his/her behalf.2 See Can a minor file for an order? for more information.

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

Can a minor file for an order?

For a minor victim of stalking or sexual assault, the following people can file a petition for an order on behalf of the 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

For a minor victim of human trafficking, the following people can file a petition for an order on behalf of the minor child:

  • the minor's parent;
  • an adult who lives with the minor child;
  • the minor's court-appointed legal custodian;
  • the minor's court-appointed legal guardian;
  • a county attorney;
  • a district attorney; or
  • the attorney general.2

1 Kan. Stat. § 60-31a04(b)
2 Kan. Stat. § 60-31a04(c)

How much does it cost?

You do not have to pay anything to file for a protection from stalking, sexual assault, or human trafficking order.1 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, sexual assault, or human trafficking claim is not valid, s/he may require you to pay the defendant's attorney fees.2

1 Kan. Stat. § 60-31a04(e)
2 Kan. Stat. § 60-31a06(f)

Do I need a lawyer?

You do not need a lawyer to file for a protection from stalking, sexual assault, or human trafficking 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.

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.