Restraining Orders

For the purposes of getting a protection from stalking, sexual assault, or human trafficking order, “sexual assault” means:

• a sexual act that was done to someone without his/her consent;
• an attempted sexual act that was committed using force, the threat of force, or pressure and coercion (“duress”); or
• an attempted sexual act that was committed against someone who was incapable of giving consent.¹

Note: The perpetrator does not have to be arrested or charged with sexual assault in order for you to apply for this protection order but you must allege that the person committed an act that would be considered sexual assault.²

¹ Kan. Stat. § 60-31a02(c)
² See generally Kan. Stat. §§ 60–31a01; 60–31a05

In Kansas, there are two types of protection from stalking, sexual assault, or human trafficking orders.

When you file your petition in court, the judge can issue an immediate ex parte temporary order if there is “good cause” to do so. “Ex parte” means that the order can be issued without prior notice to the abuser and without him/her being present in court. This temporary order will last until your full court hearing for the final order, which is usually within 21 days. At the hearing, both you and the abuser will have an opportunity to testify and present evidence.¹

After a hearing in which you both have an opportunity to tell your side of the story through your testimony, evidence, and witnesses, a judge can grant you a final order. A final order expires on the date set by the judge and can last for a period of up to one year, but can be extended under certain circumstances.² See How can I change or extend my protection from stalking, sexual assault, or human trafficking order? for more information.

¹ Kan. Stat. § 60-31a05(a), (b)
² Kan. Stat. § 60-31a06(b), (c), (d)

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:

1. 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.
2. 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.
3. 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.