There are three types of protection from abuse orders in Kansas.

You can request an emergency protection from abuse order 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 it expires.¹

You can file for a temporary ex parte protection from abuse order when you file your petition for a protection from abuse order in 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

A final protection from abuse 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 different sides of the story. It lasts for up to one year, but may be extended for one year, two years, or even for the lifetime of the abuser if certain conditions are met.³ For more information on extending an order, 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)

A protection from abuse order can:

• order the abuser not to abuse, bother (“molest”), or interfere with the privacy or rights of you or your children;
• order the abuser to be removed (“excluded”) from your shared home and give you possession of the home¹ unless you are not married to the abuser and the abuser owns the home, then this will not be ordered;²
• order the abuser to not cancel utility service to the home for 60 days;
• require the abuser to provide alternate housing for you and your children;
• order the police to remove the abuser from the home and help you return to the home;
• 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 you are married, spousal support;
• require the abuser to seek batterers’ counseling;
• order either you or the abuser to pay the other’s attorney’s fees; and
• order the abuser to do anything else the judge decides is necessary to protect you and your children.¹ Be sure to ask for anything else you think is important.

¹ Kan. Stat. § 60-3107(a)
² Kan. Stat. § 60-3107(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.

You can seek legal protection from acts of domestic violence done to you or your minor child by an “intimate partner or household member,” which includes:

• your spouse or ex-spouse;
• someone who lives with you, currently or in the past;
• someone whom you are dating or have dated; or
• someone with whom you have a child in common.¹

A parent, court-appointed legal custodian/guardian, or an adult living with a minor child can file on behalf of the minor child if the child has been abused by an intimate partner or household member.²

If you do not qualify for a PFA, you may be able to get a protection from stalking, sexual assault, or human trafficking order.

¹ Kan. Stat. § 60-3102(b)
² Kan. Stat. § 60-3104(b)

In Kansas, you may apply for a protection from abuse order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for a protection from abuse order? You must also be the victim of an act of abuse, which is explained in What is the legal definition of abuse in Kansas?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

You do not need an attorney to file for a protection from abuse order, but it might be better to have one, especially if the abuser is represented by one. A domestic violence organization in your area may be able to refer you to an attorney or you may be able to contact your local legal services to take your case for free. Often, domestic violence organizations can help you through the process if you do not have an attorney. Go to our Places that Help page for a list of organizations and free legal assistance in your area.

You can find the forms that you will need from the district court clerk at the courthouse, but you may want to find them before you go and fill them out at home or with an advocate from a domestic violence program. You will find links to forms online on the KS Download Court Forms page. Most shelters and other domestic violence organizations can provide support for you while you fill out these papers and go to court. Go to our Places that Help page to find an organization in your area.

On the petition, you will be the “plaintiff” and the abuser will be the “defendant.” You will write about the incidents of violence, using specific language, such as slapping, hitting, grabbing, threatening, etc., that fits your situation. Include details and dates, if possible. In the petition, you can also check off the box to get a temporary, ex parte order. A judge can grant a temporary order if s/he feels that you or your family are in immediate harm. The abuser does not have to be with you or be told you are asking the judge for a temporary order, but the abuser will learn of the temporary order when the order is served and the petition is set for hearing.

Note: The application must be verified, which means you might have to sign it in front of the court clerk or a notary. Check with the court clerk before signing your papers.

You will also need to give a safe mailing address and phone number in case the court needs to contact you. If you are staying at a shelter, give a post office box, not the street address. If you do not have a safe address, ask the clerk how you can keep your address confidential.

The abuser must be served with a notice of hearing and the temporary PFA order if the judge has granted you once. If the abuser does not receive notice, the hearing will be rescheduled. If this happens, be sure to request that your temporary order be extended until the full hearing can take place.

The court may send copies of the order and notice of hearing to the sheriff, and then law enforcement personnel will serve the abuser.

In addition, you may have to provide some contact information for the defendant/abuser so the police or sheriff can find him/her such as his/her address, birth date, etc. Do not try to serve the abuser yourself.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

Here are some steps that you may want to take before, and after, leaving the courthouse:

• Review the order before you leave the courthouse. If you have any questions about it, be sure to ask the clerk or, if possible, the judge.
• Make several copies of the PFA order as soon as possible.
• Keep a copy of the PFA order with you at all times.
• Leave copies of the PFA order at your workplace, at your home, at your children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• You may wish to consider changing your locks, if permitted by law or by your lease, and your phone number.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Safety Planning.

If the defendant violates the PFA order, you can call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a PFA and the defendant is violating it. Violating a PFA order can be a class A person misdemeanor. Violation of an extended PFA can be a level 6, person felony, in some circumstances.¹

Another option can be to file for civil contempt in the court that issued the PFA order.² The abuser can be held in “civil contempt” if s/he does anything that your PFA order orders him/her not to do. To file for civil contempt, go to the clerk’s office and ask for the petition to file for claiming a violation of the order. The violation petition and a summons must be served upon the abuser, or the court may issue a warrant for his/her arrest.

¹ Kan. Stat. § 21-5924(b)
² See Kan. Stat. § 60-3110

If you move within Kansas, your order will still be valid. Additionally, the federal law provides what is called “Full Faith and Credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.

If you are moving to a new state, you may also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111x2) for information on enforcing your order in another state.

For more information, please see our Moving with a Kansas Protection from Abuse Order (PFA) page.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

For the purposes of getting a protection from stalking, sexual assault, or human trafficking order, “stalking” is intentional harassment that puts you in reasonable fear for your safety.

Harassment means repeated behaviors or actions (a “course of conduct”) that seriously frighten or annoy you and would cause a reasonable person to suffer substantial emotional distress.

The “course of conduct” must include two or more separate acts that shows a continuing purpose by the offender. Also, there must be no legitimate reason for these actions or behaviors.¹

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

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

For the purposes of getting a protection from stalking, sexual assault, or human trafficking order, “human trafficking” is when someone is the victim of any of the following acts:

• human trafficking or aggravated human trafficking;
• commercial sexual exploitation of a child; or
• selling sexual relations.¹

Note: The trafficker does not have to be arrested or charged with one of these crimes in order for you to apply for this protection order but you must allege that the trafficker committed an act that would be considered one of these crimes.²

¹ Kan. Stat. §§ 60–31a02(a); 21-5426; 21-6419; 21-6422
² See generally Kan. Stat. §§ 60–31a01; 60–31a05

A temporary ex parte order or a final order can include any or all of the following protections:

• order the abuser not to follow, harass, telephone, or make contact with you in any way;
• order the abuser not to enter your home or the area immediately around your home;
• order the abuser not to commit or attempt to commit sexual assault upon you;
• order the abuser not to recruit, harbor, transport, commit, or attempt to commit human trafficking against you;
• order the abuser not to violate your privacy rights; and
• order any other protections the judge considers necessary.¹

Whether a judge orders any or all of the above depends on the facts of your case.

¹ Kan. Stat. §§ 60-31a05(b); 60-31a06(a)

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. 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.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

A petition for a protection from stalking, sexual assault, or human trafficking order can be filed with a judge or clerk of the court in any district court.¹ If the petition is being filed by an adult on behalf of the minor, the law clarifies that the petition has to be filed in the county where the stalking, sexual assault, or human trafficking occurred.²

You can find the forms online in our KS Download Court Forms page. You can also get the forms from the clerk of the court at your local district court.³ To find a list of courthouses in Kansas, see our KS Courthouse Locations page. Remember to bring some form of identification, such as a driver’s license, with you to the courthouse. You may also want to call the courthouse in advance (if you can) to see if there are certain times that petitions are presented to the judge.

¹ Kan. Stat. § 60-31a04(a)
² Kan. Stat. § 60-31a04(b)
³ Kan. Stat. § 60-31a04(d)

Your petition will be given to the judge. If the judge believes there is “good cause” to do so, s/he can grant you an immediate ex parte temporary order. This order will stay in effect until the full hearing, which is usually within 21 days of filing the petition.¹ Copies of the temporary order and the petition you filed will be given to you. Remember to keep a copy of the temporary order with you at all times.

The defendant will have to be formally served with the petition, the ex parte order, and the notice of the hearing by “personal service.”² The clerk of court should be able to tell you how the defendant will have to be served and who can serve him/her.

¹ Kan. Stat. § 60-31a05
² Kan. Stat. § 60-31a05(e)

If the defendant violates any part of the order, you can call the police and report the violation. S/he can be held in contempt¹ by the judge and, depending on what s/he did to violate the order, s/he may also be charged with a crime.

Depending on which part of the order the defendant violates, s/he can be charged with whatever crime s/he commits (i.e., stalking, battery, criminal trespass, a sex offense, or human trafficking).² In addition, violating a protection from stalking, sexual assault, or human trafficking order can be a class A person misdemeanor.

If your order was extended for at least two years due to the defendant violating the original order or due to the defendant being convicted of certain crimes against you, then a violation of the extended order can be a level 6, person felony.³

¹ Kan. Stat. § 60-31a09
² Kan. Stat. § 60-31a06(a)
³ Kan. Stat. § 21-5924(b)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

A PFA is valid anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. In other words, the court had the authority to hear the case.
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary orders and emergency orders, the abuser must have received notice and have had an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a) & (b)

In general, the court that issued you your protection from abuse order may need to have an up-to-date address for you at all times, because they will communicate with you only by mail if, for example, if the abuser asks the court to dismiss or change your order in any way. If you will not be receiving mail at your old address, you may want to provide the court with a new address where you can receive mail.

If you provide your new address to the court, you can ask that they keep it confidential. However, your new address could possibly be released to court officials in your new state or law enforcement officials in either Kansas or your new state. If you feel unsafe giving your new address, you may use the address of a friend you trust or a P.O. box instead.

Federal law does not require you to take any special steps to get your protection from abuse order (PFA) enforced in another state.

Many states do have laws or regulations about registering or filing of out-of-state orders, which can make enforcement easier, but a valid PFA is enforceable regardless of whether it has been registered or filed in the new state.¹ Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

¹ 18 U.S.C. § 2265(d)(2)

You do not need a lawyer to get your PFA enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your PFA, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to, please visit the Places that Help page.

Whether you can move out of the state with your kids may depend on the exact wording of the custody provision in your PFA. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

To read more about custody, please see our Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for legal assistance organizations on our KS Finding a Lawyer page.

Your protection order can be enforced in Kansas as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. In other words, the court had the authority to hear the case.
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary orders and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

In Kansas, presentation of a certified copy is not necessary for enforcement; it can be a written or electronically imaged copy.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a) & (b)

As long as the child custody provision complies with certain federal laws,¹ Kansas can enforce a temporary custody order that is a part of a protection order. However, before leaving the state that issued the order, you should talk to an attorney to make sure that moving out of your state would not violate any custodial interference laws or any court rules regarding moving out of state.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here KS Finding a Lawyer.

¹ The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to Kansas, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in Kansas.

All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.

There is no fee for registering your protective order in Kansas.¹

¹ Kan. Stat. § 60-31b05(b)