Restraining Orders in Kansas: Types, Filing, and Legal Help

In Kansas, what people commonly call a restraining order is usually a Protection from Abuse (PFA) order or a Protection from Stalking, Sexual Assault, or Human Trafficking order. Each type serves a specific purpose and has distinct eligibility requirements.

Types of Protection Orders Available in Kansas

1. Protection from Abuse (PFA) Orders: PFA orders address qualifying acts of abuse between intimate partners or household members, including bodily injury, attempted bodily injury, or conduct that places someone in fear of imminent bodily injury.
2. Protection from Stalking, Sexual Assault, or Human Trafficking Orders: These orders are available to individuals who are victims of stalking, sexual assault, or human trafficking, regardless of their relationship with the other party. To obtain a final protection from stalking order, the petitioner generally must establish intentional harassment that places the petitioner in reasonable fear for their safety. Harassment generally requires a course of conduct involving two or more separate acts.

Eligibility Criteria for Obtaining a Protection Order

To obtain a final protection order in Kansas, the petitioner must establish that the applicable legal requirements for abuse, stalking, sexual assault, or human trafficking have been met. A PFA order requires a qualifying relationship between the petitioner and respondent, while a protection from stalking, sexual assault, or human trafficking order does not. Qualifying relationships can include current or former spouses, people who live or previously lived together, people who share a child, and people who are or were in a dating relationship.

What Can a Kansas Protection Order Do?

Depending on the type of petition, the parties' relationship, and the circumstances, an order may restrict contact or communication and require the respondent to stay away from certain locations. In PFA proceedings, the court may also address possession of a residence, temporary custody, support, and personal property. Available relief depends on the facts and the type of order requested.

How Long Does a Restraining Order Last in Kansas?

A court may issue a temporary order ex parte, without the respondent present, when the requirements for temporary relief are met. The temporary order generally remains effective until the scheduled hearing or another date set by the court. After a hearing where both parties may present evidence, the court may issue a final protection order for a fixed period of at least one year and no more than two years. Additional extensions may be available, and certain circumstances can support a substantially longer order.

Emergency PFA Orders

When the court is unavailable and immediate and present danger of abuse exists, a petitioner may request an emergency PFA order. The order may be issued ex parte and expires at 5 p.m. on the first day the court resumes business. The petitioner may then seek a temporary order from the court.

How to Apply for a Kansas Protection Order

1. Select the appropriate petition: Determine whether the circumstances involve a PFA order or a protection from stalking, sexual assault, or human trafficking order.
2. Provide information about the parties and incidents: Describe the relevant events and provide identifying and location information for the respondent.
3. Submit the petition: File through the Kansas Protection Order Portal or with a district court clerk.
4. Receive the court's initial decision: The court may issue temporary relief and schedule a final hearing.
5. Allow formal service to occur: The respondent must be formally served with the order and hearing notice. Petitioners should not personally deliver these documents.
6. Attend the final hearing: Both parties may present evidence before the court decides whether to issue a final order.

The Kansas Protection Order Portal is available statewide, and individuals can also obtain forms and assistance from a district court clerk.

How Much Does a Kansas Protection Order Cost?

There is no filing fee for protection orders in Kansas, making them accessible to those in need of legal protection.

Legal Implications and Enforcement of Protection Orders in Kansas

Once a protection order is granted, it is enforceable by law enforcement agencies throughout Kansas. Knowingly violating a protection order may constitute a criminal offense in Kansas. Petitioners and respondents should carefully understand the order's terms, including restrictions involving contact, communication, residences, workplaces, and other locations.

What Should You Do If You Have Been Served With a Kansas Protection Order?

Carefully review every term of the order and comply with it while the case is pending. Note the hearing date, preserve relevant messages and other evidence, and avoid prohibited contact with the petitioner. Because a final order can affect contact, housing, custody, and other legal rights, consider speaking with an attorney before the hearing.

Do You Need an Attorney for a Kansas Protection Order?

While it is not mandatory to have an attorney to file or respond to a protection order, legal guidance can be invaluable. An attorney can help determine which type of order applies, organize evidence, prepare testimony, explain how the order may affect custody or possession of a residence, and represent a petitioner or respondent at the final hearing.

Talk to a Kansas Protection Order Attorney

If you are involved in a protection-order proceeding in Kansas City, Kansas, Johnson County, or the surrounding Kansas City area, Moreno Law can help you understand the order, prepare for your hearing, and protect your legal rights.