How To Get A Restraining Order In Kansas

In Kansas, a restraining order (also known as a protection from abuse (PFA) or protection from stalking order (PFS)) is a civil order issued to legally order a defendant (offending party) to stop all forms of access to the applicant or plaintiff (victim of abuse). The court usually issues a restraining order to protect either the victim and/or any minor children from any form of abuse (Kan. Stat. § 60-3102(a)), intentional harassment, or unlawful violence. This protective order also prevents situations that terrorize, annoy, or place the victim in reasonable fear for their safety. 

Once the court issues a restraining order, it automatically forms part of Kansas civil court records, which means it becomes a public record in the Kansas civil court system.

Types Of Restraining Orders in Kansas

The most common types of restraining orders issued to prevent further abuse, stalking, harassment, or threats in Kansas include:

• Protection from Abuse Orders (PFAO) are issued to victims of abuse, domestic violence, or threats by family or close relations. It orders the abuser to stay away from the victim, stop all contacts with the victim, or leave the home (Kan. Stat. § 60-3101)
• Protection from Stalking or Sexual Assault Orders (PFSO) are issued to victims of stalking, sexual assault, or harassment. These orders protect against further contact or harassment by the perpetrator (Kan. Stat. § 60-31a01).

The following may not necessarily be types, but the different stages in the various restraining or protective orders in Kansas:

• An emergency protection from abuse order is usually issued to a local law enforcement officer for immediate protection cases.
• Temporary ex parte protection from abuse order (Kan. Stat. § 60-903) can be granted without prior notice to the abuser and without the abuser appearing in court if a judge finds the petitioner in need of immediate protection.
• A final protection-from-abuse order is granted only after a final hearing where the abuser and the petitioner each present evidence before the court.

Are Restraining Orders Public Records In Kansas?

Yes. Under the Kansas Open Records Act (KORA), restraining or protection orders in Kansas are public records, but not all protection order records are viewable online. Although Kansas law may apply to court records, certain protection order information is exempt from disclosure, specifically online. However, physical inspection of protection orders may still be possible with the necessary revision or redaction of sensitive information at the courthouse.

How To Lookup Restraining Orders In Kansas

Individuals can request access to restraining order information in person at the Circuit Clerk's office where the order was filed. However, the requester must provide the correct and necessary case details. Each court has a computer reserved for public search of court cases and records, including protection orders.

The Kansas District Court Public Access Portal provides limited online access to civil cases, such as protection orders, using the eCourt system. According to Kansas Supreme Court Rule 22, only case information allowed to be viewed by the public using internet access will be displayed through the public access portal. Users must register for a Kansas District Court Public Access Portal account to search court cases in the eCourt system.

Can You Lookup A Restraining Order Online?

Yes. In Kansas, searching for restraining or protection orders online may be possible, but there are certain limits. 

Due to the sensitive nature of the information involved, protection orders are not usually available through public record searches or court case search tools. While the Kansas Protection Order Portal (KSPOP) allows individuals to file protection orders online and provides resources related to harassment, stalking, and sexual assault, it doesn't permit the search for protection order records. However, the Kansas eCourt system allows access to some protection order case information through the Kansas Public Access Portal. 

Moreover, the public may only access court records operating on the eCourt case management system. To access records not available on the eCourt system, the individual must file a Kansas Open Records Act (KORA) request in writing or online.

How To File A Restraining Order In Kansas

According to Kansas State Law, an eligible person (Kan. Stat. § 60-3104) may seek relief under the Protection from Abuse Act by filing a petition with any district court judge or with the clerk of the court alleging abuse by another person. The following are the step-by-step process for filing a restraining or protection order in Kansas:

• Step 1: Find and Complete the Order of Protection Form

Individuals may begin filing a petition by getting a protection order form from the District Court Clerk at the courthouse. The petitioner must allege the type of physical abuse involved to be able to find and fill out the necessary forms. Although no docket fee is charged for these filings, other fees may be required.

• Step 2: File with the Court for Review

After filling out the forms with the court, the court clerk may provide a hearing date before the court. In extreme situations, the court may provide a temporary order for immediate protection (Kan. Stat. § 60-3105) pending the hearing date. Whether the judge grants a protection order or not, the petitioner will be given a court date for a full court hearing (usually within 21 days). The hearing will be in front of a judge at the time shown on the Notice of Hearing. At this hearing, both parties will have a chance to present evidence to the judge.

• Step 3: Service of Process 

If the judge grants the order, the defendant must be served with a notice of hearing or a temporary protection notice. The court may send copies of the order and notice of hearing to law enforcement personnel who will serve the defendant. The hearing will be rescheduled if the defendant does not receive a notice.

• Step 4: The Court Hearing

The plaintiff must attend the hearing to request that a temporary order be turned into a final PFA order, which can last one year or more. Absence from the hearing may cause the temporary order to expire, which will mean starting the process again. However, if the defendant does not attend the hearing, the judge may enter a default order, granting the plaintiff any request in the petition (Kan. Stat. § 60-3107).

Can You File A Restraining Order For No Reason In Kansas?

No, individuals cannot file a restraining or protection-from-abuse order for no reason in Kansas. A restraining order is designed to protect individuals from abuse, sexual harassment, stalking, or human trafficking. The judge will require a valid reason, such as bodily injury, threats of physical harm, or harassment that places the person in fear for safety, before issuing the restraining order. 

What Proof Do You Need For A Restraining Order In Kansas?

Before a court can issue a restraining order to restrict an abuser's freedom in Kansas, the plaintiff must prove the allegations of the petition. However, the proof requirements for a temporary protection order and a final restraining order in Kansas may differ.

Proof Required for a Temporary Protection Order

In this case, the plaintiff must show that there is an immediate abuse, harassment, or serious threat to safety. The judge must also believe the evidence to grant temporary protection before a full hearing can be held in court. 

Proof Required for a Final Protection Order

The plaintiff must present clear and conclusive evidence that the abuse, harassment, or assault will most likely happen again. However, the burden of proof for a final protection order will be higher than for the temporary order.

The types of proof that are usually accepted for a protection order in Kansas are:

• A sworn written statement from the victim detailing the incidents of abuse, threats, or stalking
• Messages, texts, and emails
• Testimony of witnesses 
• Medical reports
• Police reports
• Photos of injuries

How Long Does It Take To Get A Restraining Order In Kansas?

The time required to get a restraining order in Kansas may vary depending on the type of order requested and the factors surrounding the petition. 

• Temporary Protection Order: This type of restraining order usually takes 24 to 48 hours after a petition is filed. The judge may grant the petition immediately without hearing or notifying the abuser.

• Permanent Protection Order: To get this order, the petitioner may have to wait until after the hearing, usually scheduled within 21 days after filing a petition. During the hearing, the petitioner can request a permanent restraining order.

How Long Does A Restraining Order Last In Kansas?

According to Kansas State Law (Kan. Stat. § 60-3107(e)), a protective order or approved consent agreement will remain in effect until modified or dismissed by the court. The order can last for a fixed period of time, not less than one year and not more than two years. However, if certain conditions are met, it could extend for an extra year or throughout the abuser's lifetime.

A restraining order must be renewed before it expires (Kan. Stat. § 60-903(b)). The victim can file a motion for renewal with the district court clerk, who will issue the initial order before the expiration date. In Kansas, it is recommended that the motion be filed at least two weeks before the expiration date. The judge will then decide whether to extend the order for an additional year or longer, depending on certain circumstances. 

How Much Does A Restraining Order Cost in Kansas?

In Kansas, there are no fees for filing or serving a restraining order by law enforcement (Kan. Stat. § 60-31a06(e)). This means the victim can file the original petition and have it processed without paying the court. However, hiring an attorney to assist in the petition process will cost a fee that the court will not cover.

Victims of violence from abuse, sexual assault, and stalking can obtain protection orders without paying fees for filing a petition, as violence-related filings are exempt from fees. The judge may also order the defendant or abuser to pay court costs, including the petitioner's attorney fees. Additionally, waiver relief is made available to further reduce financial barriers to seeking a protection order.

Can You Cancel A Restraining Order In Kansas?

Yes, it is possible to cancel a restraining order in Kansas. If the plaintiff no longer wants the protection order, the plaintiff can file a motion to modify the expiration date of the temporary or final protection order or ask that the order be dismissed. However, both the plaintiff and the defendant in a protection order case can request a dismissal of the order by filing a motion with the court that issued the order.

The Kansas Judicial Council has statutory authority (K.S.A. 60-3104(c) to prescribe the protection order of dismissal (7-2018) form and notice of dismissal (7-2012) form to both parties. After filing the motion, the court will set a date for a hearing, and the abuser will be served with a copy of the motion and a request to be present. The plaintiff must attend this hearing and tell the judge why the change or dismissal of the order is necessary. If the dismissal of the restraining order is granted, the court will notify law enforcement agencies that the order is no longer active so that it is not acted upon. The order will also be removed from any databases into which it was entered.

In cases where the defendant disagrees with the petitioner's request for a protection order, and the court has not yet granted it, the defendant can file an opposition. After filing the opposition, the court will review it and consider the available arguments. If the court has already scheduled a hearing, the defendant must appear at the hearing and present all opposition arguments there.