Session of 2023
HOUSE BILL No. 2379
By Committee on Judiciary
2-9
AN ACT concerning protection orders; relating to the protection from
abuse act and the protection from stalking, sexual assault and human
trafficking act; requiring orders issued pursuant to such acts to restrain
the plaintiff from contacting the defendant; amending K.S.A. 2022
Supp. 60-3107 and 60-31a06 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 60-3107 is hereby amended to read as
follows: 60-3107. (a) The court may 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 defendant from abusing, molesting or interfering
with the privacy or rights of the plaintiff or of any minor children of the
parties. Such The order shall contain a statement that, if such the order is
violated, such the violation may constitute assault as defined in subsection
(a) of K.S.A. 2022 Supp. 21-5412(a), and amendments thereto, battery as
defined in subsection (a) of K.S.A. 2022 Supp. 21-5413(a), and
amendments thereto, domestic battery as defined in K.S.A. 2022 Supp. 21-
5414, and amendments thereto, and violation of a protective order as
defined in K.S.A. 2022 Supp. 21-5924, and amendments thereto.
(2) Granting possession of the residence or household to the plaintiff
to the exclusion of the defendant, and further restraining the defendant
from entering or remaining upon or in such residence or household,
subject to the limitation of subsection (d). Such The order shall contain a
statement that, if such the order is violated, such the violation shall
constitute criminal trespass as defined in subsection (a)(1)(C) of K.S.A.
2022 Supp. 21-5808(a)(1)(C), and amendments thereto, and violation of a
protective order as defined in K.S.A. 2022 Supp. 21-5924, and
amendments thereto. The court may grant an order, which shall expire 60
days following the date of issuance, restraining the defendant from
cancelling utility service to the residence or household.
(3) Requiring defendant to provide suitable, alternate housing for the
plaintiff 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 the defendant from
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the residence or household.
(6) Ordering support payments by a party for the support of a party's
minor child, if the party is the father or mother of the child, or the plaintiff,
if the plaintiff is married to the defendant. 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 any person against whom an order is issued to seek
counseling to aid in the cessation of abuse.
(10) Ordering or restraining any other acts deemed necessary to
promote the safety of the plaintiff or of any minor children of the parties.
(b) No protection from abuse order shall be entered against the
plaintiff unless:
(1) The defendant properly files a written cross or counter petition
seeking such a protection order;
(2) the plaintiff had reasonable notice of the written cross or counter
petition by personal service as provided in subsection (d) of K.S.A. 60-
3104, and amendments thereto; and
(3) the issuing court made specific findings of abuse against both the
plaintiff and the defendant and determined that both parties acted primarily
as aggressors and neither party acted primarily in self-defenseIf the court
issues an order pursuant to subsection (a), the court shall issue an order
restraining the plaintiff from abusing, molesting or interfering with the
privacy or rights of the defendant. The order shall contain a statement
that, if the order is violated, the violation may constitute violation of a
protective order as defined in K.S.A. 2022 Supp. 21-5924, and
amendments thereto.
(c) 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., prior to their
transfer or repeal, or article 22 or 27 of chapter 23 of the Kansas Statutes
Annotated, and amendments thereto, 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., prior to their transfer or repeal, or article 22 or
27 of chapter 23 of the Kansas Statutes Annotated, and amendments
thereto, 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. 2022 Supp.
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23-3201 through 23-3207 and 23-3218 and article 27 of chapter 23 of the
Kansas Statutes Annotated, 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. 2022 Supp. 23-3201 through
23-3207 or 23-3218 or article 22 or 27 of chapter 23 of the Kansas Statutes
Annotated, 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. 2022
Supp. 23-3201 through 23-3207 and 23-3218 and articles 22 and 27 of
chapter 23 of the Kansas Statutes Annotated, 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. Any custody or parenting
time order, or order relating to the best interests of a child, issued pursuant
to the revised Kansas code for care of children or the revised Kansas
juvenile justice code, shall be binding and shall take precedence over any
such custody or parenting order involving the same child issued under the
protection from abuse act, until jurisdiction under the revised Kansas code
for care of children or the revised Kansas juvenile justice code is
terminated. Any inconsistent custody or parenting order issued in the
revised Kansas code for care of children case or the revised Kansas
juvenile justice code case shall be specific in its terms, reference any
preexisting protection from abuse order and the custody being modified,
and a copy of such order shall be filed in the preexisting protection from
abuse case.
(d) 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.
(e) Subject to the provisions of subsections (b), (c) and (d), 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 as provided in subsection (e)(1) and (e)(2).
(1) Upon motion of the plaintiff, such period may be extended for one
additional year.
(2) Upon verified motion of the plaintiff and after the defendant has
been personally served with a copy of the motion and has had an
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opportunity to present evidence and cross-examine witnesses at a hearing
on the motion, if the court determines by a preponderance of the evidence
that the defendant has violated a valid protection order or (A) has
previously violated a valid protection order, or (B) has been convicted of a
person felony or any conspiracy, criminal solicitation or attempt thereof,
under the laws of Kansas or the laws of any other jurisdiction which are
substantially similar to such person felony, committed against the plaintiff
or any member of the plaintiff's household, the court shall extend a
protective order for not less than two additional years and may extend the
protective order up to the lifetime of the defendant. No service fee shall be
required for a motion filed pursuant to this subsection.
(f) The court may amend its order or agreement at any time upon
motion filed by either party.
(g) No order or agreement under the protection from abuse act shall
in any manner affect title to any real property.
(h) 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 defined in subsection (a)(1)(C) of K.S.A. 2022 Supp.
21-5808(a)(1)(C), and amendments thereto, and violation of a protective
order as defined in K.S.A. 2022 Supp. 21-5924, 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 defined in subsection (a) of K.S.A.
2022 Supp. 21-5412(a), and amendments thereto, battery as defined in
subsection (a) of K.S.A. 2022 Supp. 21-5413(a), and amendments thereto,
domestic battery as defined in K.S.A. 2022 Supp. 21-5414, and
amendments thereto, and violation of a protective order as defined in
K.S.A. 2022 Supp. 21-5924, and amendments thereto.
Sec. 2. K.S.A. 2022 Supp. 60-31a06 is hereby amended to read as
follows: 60-31a06. (a) The court may issue a protection from stalking,
sexual assault or human trafficking order granting any one or more of the
following orders:
(1) Restraining the defendant from following, harassing, telephoning,
contacting or otherwise communicating with the victim. The order shall
contain a statement that, if the order is violated, the violation may
constitute stalking as defined in K.S.A. 2022 Supp. 21-5427, and
amendments thereto, and violation of a protective order as defined in
K.S.A. 2022 Supp. 21-5924, and amendments thereto.
(2) Restraining the defendant from abusing, molesting or interfering
with the privacy rights of the victim. The order shall contain a statement
that, if the order is violated, the violation may constitute stalking as
defined in K.S.A. 2022 Supp. 21-5427, and amendments thereto, assault as
defined in K.S.A. 2022 Supp. 21-5412(a), and amendments thereto, battery
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as defined in K.S.A. 2022 Supp. 21-5413(a), and amendments thereto, and
violation of a protective order as defined in K.S.A. 2022 Supp. 21-5924,
and amendments thereto.
(3) Restraining the defendant from entering upon or in the victim's
residence or the immediate vicinity thereof. The order shall contain a
statement that, if the order is violated, the violation shall constitute
criminal trespass as defined in K.S.A. 2022 Supp. 21-5808(a)(1)(C), and
amendments thereto, and violation of a protective order as defined in
K.S.A. 2022 Supp. 21-5924, and amendments thereto.
(4) Restraining the defendant from committing or attempting to
commit a sexual assault upon the victim. The order shall contain a
statement that, if the order is violated, the violation shall constitute
violation of a protective order as defined in K.S.A. 2022 Supp. 21-5924,
and amendments thereto. The order shall also contain a statement that, if
the order is violated, the violation may constitute a sex offense under
article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, and the accused may be prosecuted, convicted of and punished for
such sex offense.
(5) Restraining the defendant from following, harassing, telephoning,
contacting, recruiting, harboring, transporting, or committing or attempting
to commit human trafficking upon the human trafficking victim, or
otherwise communicating with the human trafficking victim. The order
shall contain a statement that, if the order is violated, the violation shall
constitute violation of a protective order as defined in K.S.A. 2022 Supp.
21-5924, and amendments thereto. The order shall also contain a statement
that, if the order is violated, the violation may constitute an offense under
chapter 21 of the Kansas Statutes Annotated, and amendments thereto, and
the accused may be prosecuted, convicted of and punished for such
offense.
(6) Any other order deemed necessary by the court to carry out the
provisions of this act.
(b) (1) If the court issues an order pursuant to subsection (a), the
court shall issue an order restraining the plaintiff from harassing,
telephoning, contacting or otherwise communicating with the defendant.
The order shall contain a statement that, if the order is violated, the
violation may constitute violation of a protective order as defined in K.S.A.
2022 Supp. 21-5924, and amendments thereto.
(2) A protection from stalking, sexual abuse or human trafficking
order 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 as
provided in subsections (c) and (d).
(c) Upon motion of the plaintiff the court may extend the order for an
additional year.
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(d) (1) Upon verified motion of the plaintiff and after the defendant
has been personally served with a copy of the motion and has had an
opportunity to present evidence and cross-examine witnesses at a hearing
on the motion, the court shall extend a protective order for not less than
two additional years and up to a period of time not to exceed the lifetime
of the defendant, if the court determines by a preponderance of the
evidence that the defendant has:
(1)(A) Violated a valid protection order;
(2)(B) previously violated a valid protection order; or
(3)(C) been convicted of a person felony or any conspiracy, criminal
solicitation or attempt thereof, under the laws of Kansas or the laws of any
other jurisdiction which are substantially similar to such person felony,
committed against the plaintiff or any member of the plaintiff's household.
(2) No service fee shall be required for a motion filed pursuant to this
subsection.
(e) The court may amend its order at any time upon motion filed by
either party.
(f) The court shall assess costs against the defendant and may award
attorney fees to the victim in any case in which the court issues a
protection from stalking, sexual assault or human trafficking order
pursuant to this act. The court may award attorney fees to the defendant in
any case where the court finds that the petition to seek relief pursuant to
this act is without merit.
(g) A no contact or restraining provision in a protective order issued
pursuant to this section shall not be construed to prevent:
(1) Contact between the attorneys representing the parties;
(2) a party from appearing at a scheduled court or administrative
hearing; or
(3) a defendant or defendant's attorney from sending the plaintiff
copies of any legal pleadings filed in court relating to civil or criminal
matters presently relevant to the plaintiff.
Sec. 3. K.S.A. 2022 Supp. 60-3107 and 60-31a06 are hereby
repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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