English
EspañolWhat is the legal definition of abuse in Kansas?
This section defines domestic abuse for the purposes of getting a protection from abuse order. “Abuse” means any of these acts against an intimate partner or household member:
- causing bodily injury or attempting to cause bodily injury;
- physically threatening someone with immediate (imminent) bodily injury;
- engaging in any sexual contact or attempting to do so without consent or when the victim is incapable of giving consent; or
- engaging in sexual intercourse or sexual contact with a minor under 16 years of age who is not the spouse of the offender.1
1 Kan. Stat. § 60-3102(a)
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 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 before your emergency order expires.1
- Temporary ex parte protection from abuse order. You can file for this protection from abuse order in the district court. It 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. It will last until your final hearing, which usually takes place within 21 days.2
- Final protection from abuse order. This 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 sides of the story. It can last for between one and two years, but it may be extended for one to three years, or even for the lifetime of the abuser if certain conditions are met.3 For more information, 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)
What protections can I get in a protection from abuse order?
A protection from abuse order can:
- order the abuser to:
- not abuse, bother (“molest”), or interfere with the privacy or rights of you or your children, including by using a GPS or other electronic tracking system to know your location or movement;1
- leave your shared home and give you possession of the home. Note: If you are not married to the abuser and the abuser owns the home, then this will not be ordered;2
- not cancel utility service to the home for 60 days;
- provide alternate housing for you and your children; and
- seek batterers’ counseling;
- direct the police to remove (“evict”) the abuser from the home and help you return to it;
- decide the possession of shared personal property, including a car and household goods, and order law enforcement to help get that property, if necessary;
- establish temporary custody and visitation rights of your children;
- order temporary child support and, if applicable, spousal support;
- order either you or the abuser to pay the other’s attorney’s fees; and
- anything else the judge decides is necessary to protect you and your children.1
You can ask the judge to include anything you think is important in the order.
1 Kan. Stat. § 60-3107(a)
2 Kan. Stat. § 60-3107(a)(2), (d)
What is a mutual order and how can it hurt me?
A “mutual” order of protection prohibits both parties from abusing, bothering (“molesting”), or interfering with the privacy or rights of each other. It may order that both parties not contact each other.
If you file for a PFA and the defendant files and serves you with a counter-petition saying that you have abused them, there are generally two ways in which a mutual order may be issued: after a hearing or by agreement.
- After a hearing. To grant this order, the judge will hold a hearing where both you and the abuser can present evidence. To issue mutual orders, the judge must believe that both of you were acting mainly as aggressors and neither of you was acting mainly in self-defense.1
- By agreement. In this situation, you might agree (consent) to the mutual order without the judge holding the hearing.1 Often, the judges or lawyers will encourage someone to consent to an order against them by saying that someone who does not plan on violating an order shouldn’t be bothered by having an order against them. However, this way of thinking can be dangerous. If the abuser gets the protection from abuse order, they can easily try to falsely report a violation or trick you into violating the order so that you get arrested. This can have consequences on future custody cases, restraining order cases, or immigration matters. A judge cannot force you to consent, however. You have the right to a hearing where you can defend yourself, and then the judge will have to decide if the abuser proved their case against you.
If a counter-petition is filed against you or if you are pressured to agree to a mutual order, think seriously about getting an attorney to help you. Go to our Kansas Finding a Lawyer page.
1 Kan. Stat. § 60-3107(b)
Where can I file for a protection from abuse order?
You can file a protection from abuse order in any district court in the state.1 You can also file for a protection order online at the Kansas Protection Order Portal and they will email your petition to the district court clerk so you don’t have to file it in person.
1 Kan. Stat. § 60-3103
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
