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Abuse Laws
Kansas
2001
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Chapter
60. PROCEDURE, CIVIL
Article
31. PROTECTION FROM ABUSE ACT
60-3101.
Citation and construction of act.
(a)
K.S.A. 60-3101 through 60-3111, and amendments thereto, shall
be known and may be cited as the protection from abuse act.
(b) This act shall be liberally construed
to promote the protection of victims of domestic violence from
bodily injury or threats of bodily injury and to facilitate
access to judicial protection for the victims, whether represented
by counsel or proceeding pro se.
History:
L. 1979, ch. 92, § 1; L. 1987, ch. 228, § 1;
July 1.
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60-3102.
"Abuse" defined.
As
used in this act, "abuse" means the occurrence of one or more
of the following acts between persons who reside together, who
formerly resided together or who have or has had a child in
common:
(a) Intentionally attempting to cause bodily
injury, or intentionally or recklessly causing bodily injury.
(b) Intentionally placing, by physical
threat, another in fear of imminent bodily injury.
(c) Engaging in any of the following acts
with a minor under 16 years of age who is not the spouse of
the offender:
(1) The act of
sexual intercourse; or
(2) any lewd fondling
or touching of the person of either the minor or the offender,
done or submitted to with the intent to arouse or to satisfy
the sexual desires of either the minor or the offender, or both.
History:
L. 1979, ch. 92, § 2; L. 1980, ch. 177, § 1;
L. 1983, ch. 201, § 1; L. 1987, ch. 228, § 2; L. 1994,
ch. 335, § 8; L. 1998, ch. 94, § 1; July 1.
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60-3103.
Jurisdiction.
Any
district court shall have jurisdiction over all proceedings
under the protection from abuse act. The right of a person to
obtain relief under the protection from abuse act shall not
be affected by the person's leaving the residence or household
to avoid further abuse. Any petition under this act seeking
orders regarding a custody determination, as defined in K.S.A.
38-1337, and amendments thereto, shall state that information
required by K.S.A. 38-1356, and amendments thereto, and the
basis under which child-custody jurisdiction is sought to be
invoked.
History:
L. 1979, ch. 92, § 3; L. 1980, ch. 177, § 2;
L. 1983, ch. 201, § 2; L. 1996, ch. 208, § 5; L. 2000,
ch. 171, § 81; July 1.
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60-3104.
Commencement of proceedings; persons seeking relief
on behalf of minor child; forms; no docket fee; confidentiality
of certain matters, exceptions.
(a)
A person may seek relief under the protection from abuse act
by filing a verified petition with any district judge or with
the clerk of the court alleging abuse by another with whom the
person resides, formerly resided or has or has had a child in
common.
(b) A parent of or an adult residing with
a minor child may seek relief under the protection from abuse
act on behalf of the minor child by filing a verified petition
with any district judge or with the clerk of the court alleging
abuse by another with whom the child resides, formerly resided
or has or has had a child in common.
(c) The clerk of the court shall supply
the forms for the petition and orders, which shall be prescribed
by the supreme court.
(d) Service of process served under this
section shall be by personal service and not by certified mail
return receipt requested. No docket fee shall be required for
proceedings under the protection from abuse act.
(e) If the court finds that the plaintiff's
address or telephone number, or both, needs to remain confidential
for the protection of the plaintiff, plaintiff's minor children
or minor children residing with the plaintiff, such information
shall not be disclosed to the public, but only to authorized
court or law enforcement personnel.
History:
L. 1979, ch. 92, § 4; L. 1980, ch. 177, § 3;
L. 1983, ch. 201, § 3; L. 1986, ch. 115, § 96; L.
1987, ch. 228, § 3; L. 1990, ch. 202, § 25; L. 1996,
ch. 208, § 6; L. 1998, ch. 94, § 2; July 1.
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60-3105.
Emergency relief.
(a)
When the court is unavailable, a verified petition, accompanied
by a proposed order, may be presented to any district judge.
The judge may grant relief in accordance with subsection (a)(1),
(2), (4) or (5) of K.S.A. 60-3107 and amendments thereto, or
any combination thereof, if the judge deems it necessary to
protect the plaintiff or minor child or children from abuse.
An emergency order pursuant to this subsection may be granted
ex parte. Immediate and present danger of abuse to the
plaintiff or minor child or children shall constitute good cause
for the entry of the emergency order.
(b) An emergency order issued under subsection
(a) shall expire on 5:00 p.m. on the first day when the court
resumes court business. At that time, the plaintiff may seek
a temporary order from the court.
(c) The judge shall note on the petition
and any order granted, including any documentation in support
thereof, the filing date, together with the judge's signature,
and shall deliver them to the clerk of the court on the next
day of the resumption of business of the court.
History:
L. 1979, ch. 92, § 5; L. 1980, ch. 177, § 4;
L. 1986, ch. 115, § 97; L. 1987, ch. 228, § 4; L.
1996, ch. 208, § 7; L. 1998, ch. 94, § 3; July 1.
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60-3106.
Hearings; temporary orders pending hearing, modification.
(a)
Within 20 days of the filing of a petition under this act a
hearing shall be held at which the plaintiff must prove the
allegation of abuse by a preponderance of the evidence and the
defendant shall have an opportunity to present evidence on the
defendant's behalf. Upon the filing of the petition, the court
shall set the case for hearing. At the hearing, the court shall
advise the parties of the right to be represented by counsel.
(b) Prior to the hearing on the petition
and upon a finding of good cause shown, the court on motion
of a party may enter such temporary relief orders in accordance
with subsection (a)(1), (2), (4) or (5) of K.S.A. 60-3107 and
amendments thereto, or any combination thereof, as it deems
necessary to protect the plaintiff or minor children from abuse.
Temporary orders may be granted ex parte. Immediate and
present danger of abuse to the plaintiff or minor children shall
constitute good cause for purposes of this section. No temporary
order shall have the effect of modifying an existing order granting
legal custody, residency, visitation or parenting time unless
there is sworn testimony at a hearing to support a showing of
good cause.
(c) If a hearing under subsection (a) is
continued, the court may make or extend such temporary orders
under subsection (b) as it deems necessary.
History:
L. 1979, ch. 92, § 6; L. 1980, ch. 177, § 5;
L. 1987, ch. 228, § 5; L. 1998, ch. 94, § 4; L. 2000,
ch. 171, § 23; July 1.
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60-3107.
Orders for relief of abuse, procedure; modifications;
inconsistent orders; violation of orders, criminal violations
and penalties.
(a)
The court shall be empowered to approve any consent agreement
to bring about a cessation of abuse of the plaintiff or minor
children or grant any of the following orders:
(1) Restraining
the parties from abusing, molesting or interfering with the
privacy or rights of each other or of any minor children of
the parties. Such order shall contain a statement that if such
order is violated, such violation may constitute assault as
provided in K.S.A. 21-3408, and amendments thereto, battery
as provided in K.S.A. 21-3412, and amendments thereto, and violation
of a protective order as provided in K.S.A. 2000 Supp. 21-3843,
and amendments thereto.
(2) Granting
possession of the residence or household to a party to the exclusion
of the other party, and further restraining the party not granted
possession from entering or remaining upon or in such residence
or household, subject to the limitation of subsection (c). Such
order shall contain a statement that if such order is violated,
such violation shall constitute criminal trespass as provided
in subsection (c) of K.S.A. 21-3721, and amendments thereto,
and violation of a protective order as provided in K.S.A. 2000
Supp. 21-3843, and amendments thereto. The court may grant an
order, which shall expire 60 days following the date of issuance,
restraining the party not granted possession from cancelling
utility service to the residence or household.
(3) Requiring
a party to provide suitable, alternate housing for such party's
spouse and any minor children of the parties.
(4) Awarding
temporary custody and residency and establishing temporary parenting
time with regard to minor children.
(5) Ordering
a law enforcement officer to evict a party from the residence
or household.
(6) Ordering
support payments by a party for the support of a party's minor
child or a party's spouse. Such support orders shall remain
in effect until modified or dismissed by the court or until
expiration and shall be for a fixed period of time not to exceed
one year. On the motion of the plaintiff, the court may extend
the effect of such order for 12 months.
(7) Awarding
costs and attorney fees to either party.
(8) Making
provision for the possession of personal property of the parties
and ordering a law enforcement officer to assist in securing
possession of that property, if necessary.
(9) Requiring
the person against whom the order is issued to seek counseling
to aid in the cessation of abuse.
(b) Any order entered under the protection
from abuse act shall not be subject to modification on ex parte
application or on motion for temporary orders in any action
filed pursuant to K.S.A. 60-1601 et seq., or K.S.A. 38-1101
et seq., and amendments thereto. Orders previously issued
in an action filed pursuant to K.S.A. 60-1601 et seq.,
or K.S.A. 38-1101 et seq., and amendments thereto, shall
be subject to modification under the protection from abuse act
only as to those matters subject to modification by the terms
of K.S.A. 60-1610 et seq., and amendments thereto, and
on sworn testimony to support a showing of good cause. Immediate
and present danger of abuse to the plaintiff or minor children
shall constitute good cause. If an action is filed pursuant
to K.S.A. 60-1610 et seq., or K.S.A. 38-1101 et seq.,
and amendments thereto, during the pendency of a proceeding
filed under the protection from abuse act or while an order
issued under the protection from abuse act is in effect, the
court, on final hearing or on agreement of the parties, may
issue final orders authorized by K.S.A. 60-1610 and amendments
thereto, that are inconsistent with orders entered under the
protection from abuse act. Any inconsistent order entered pursuant
to this subsection shall be specific in its terms, reference
the protection from abuse order and parts thereof being modified
and a copy thereof shall be filed in both actions. The court
shall consider whether the actions should be consolidated in
accordance with K.S.A. 60-242 and amendments thereto.
(c) If the parties to an action under the
protection from abuse act are not married to each other and
one party owns the residence or household, the court shall not
have the authority to grant possession of the residence or household
under subsection (a)(2) to the exclusion of the party who owns
it.
(d) Subject to the provisions of subsections
(b) and (c), a protective order or approved consent agreement
shall remain in effect until modified or dismissed by the court
and shall be for a fixed period of time not to exceed one year,
except that, on motion of the plaintiff, such period may be
extended for one additional year.
(e) The court may amend its order or agreement
at any time upon motion filed by either party.
(f) No order or agreement under the protection
from abuse act shall in any manner affect title to any real
property.
(g) If a person enters or remains on premises
or property violating an order issued pursuant to subsection
(a)(2), such violation shall constitute criminal trespass as
provided in subsection (c) of K.S.A. 21-3721, and amendments
thereto, and violation of a protective order as provided in
K.S.A. 2000 Supp. 21-3843, and amendments thereto. If a person
abuses, molests or interferes with the privacy or rights of
another violating an order issued pursuant to subsection (a)(1),
such violation may constitute assault as provided in K.S.A.
21-3408, and amendments thereto, battery as provided in K.S.A.
21-3412, and amendments thereto, and violation of a protective
order as provided in K.S.A. 2000 Supp. 21-3843, and amendments
thereto.
History:
L. 1979, ch. 92, § 7; L. 1980, ch. 177, § 6;
L. 1983, ch. 201, § 4; L. 1987, ch. 228, § 6; L. 1988,
ch. 220, § 1; L. 1990, ch. 210, § 1; L. 1992, ch.
76, § 1; L. 1996, ch. 208, § 8; L. 1998, ch. 94, §
5; L. 2000, ch. 171, § 24; July 1.
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60-3108.
Notice of protection orders.
A
copy of any order under this act shall be issued to the plaintiff,
the defendant and the police department of the city where the
plaintiff resides. If the plaintiff does not reside in a city
or resides in a city with no police department, a copy of the
order shall be issued to the sheriff of the county where the
plaintiff resides.
History:
L. 1979, ch. 92, § 8; L. 1980, ch. 177, § 7;
July 1.
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60-3109.
Procedure.
Except
as otherwise provided in this act, any proceeding under this
act shall be in accordance with chapter 60 of the Kansas Statutes
Annotated and shall be in addition to any other available civil
or criminal remedies.
History:
L. 1979, ch. 92, § 9; July 1.
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60-3110.
Contempt.
If,
upon hearing, the court finds a violation of any order or consent
agreement, the court may find the defendant in contempt pursuant
to K.S.A. 20-1204a.
History:
L. 1979, ch. 92, § 10; L. 1980, ch. 177, §
8; July 1.
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60-3111.
Limit on use of act.
No person
may use the procedure provided for in this act more than twice
in any twelve-month period, except in the case of abuse of a
minor.
History:
L. 1979, ch. 92, § 11; July 1.
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