Increasing the time of an initial restraining order and possible extensions issued in a protection from abuse order or a protection from stalking, sexual assault or human trafficking order.
Impact
By extending the duration of protection from abuse orders, HB2029 significantly alters the landscape of court protections available to victims in Kansas. It allows for initial protective orders to be issued for a maximum of one year, with the possibility of extending this period by an additional two to five years based on circumstances such as violations of prior orders or serious criminal behaviors of the defendant. This approach not only aims to provide immediate security but also enhances the ongoing protection and support for victims, potentially reducing the risk of further abuse.
Summary
House Bill 2029 aims to amend the existing laws regarding protective orders in the context of abuse, stalking, sexual assault, and human trafficking. It introduces significant changes to the length and terms under which initial restraining orders can be issued and potentially extended. The bill emphasizes the importance of victim protection by allowing courts to impose longer-duration orders if warranted by the evidence. This development seeks to enhance the legal safeguards available to victims, helping them achieve relief from ongoing abuse or harassment.
Contention
There may exist some discussions regarding the amendments proposed in HB2029, particularly concerning the balance between victim protection and the rights of the accused. While supporters argue that the extended time frames are crucial for the safety and peace of mind for victims, critics could raise concerns about the potential for abuse of the judicial process in issuing restraining orders. Therefore, the implementation of safeguards to ensure that the process remains fair and just for all parties involved will be essential for the effective application of this bill.
Requiring protection from abuse and protection from stalking, sexual assault and human trafficking orders to restrain the plaintiff from contacting the defendant.
Including the conduct of utilizing any electronic tracking system or acquiring tracking information to determine the targeted persons location, movement or travel patterns in the crime of stalking when done as part of an unlawful course of conduct and authorizing orders to prohibit such conduct under the Kansas family law code, the revised Kansas code for care of children, the protection from abuse act and the protection from stalking, sexual assault or human trafficking act and increasing the time of an initial restraining order and possible extensions issued in a protection from abuse order or a protection from stalking, sexual assault or human trafficking order.
Permitting short form notification service and alternative methods of service under the protection from abuse act and the protection from stalking, sexual assault or human trafficking act and clarifying precedence of child-related orders issued under the protection from abuse act.
Authorizes issuance of protective orders for certain victimized persons in situations for which domestic violence statutes do not apply due to lack of familial or dating relationship between victim and offending actor.
Authorizes issuance of protective orders for certain victimized persons in situations for which domestic violence statutes do not apply due to lack of familial or dating relationship between victim and offending actor.
Requiring protection from abuse and protection from stalking, sexual assault and human trafficking orders to restrain the plaintiff from contacting the defendant.