In Kansas, two types of restraining orders are available: Protection from Abuse Orders and Protection from Stalking Orders. Articles31, 31A and 31B of Kansas Statute Chapter 60 on Civil Procedure govern the law on restraining orders. The law designates who is eligible for restraining orders, how to apply for them, and the punishment for violation.
Protection from Abuse Orders
Kansas Protection from Abuse Orders are intended to protect victims of domestic violence. Kansas law defines domestic violence as when an intimate partner or household member, causes, tries to cause, or threatens bodily injury, or commits any sexual acts with someone under 16 to whom they are not married.
Protection from Stalking Orders
Kansas law defines stalking as harassment creating "reasonable" fear for your safety. Harassment includes repeated--at least twice--behaviors or actions that "seriously frighten or annoy" you and reasonably inflict "substantial emotional distress" without any legitimate reason. Stalking can be committed by anyone; you do not need to have a relationship with a stalker to qualify for a Protection from Stalking Order
Possible terms of such an order include forbidding a stalker from following, harassing, calling, or contacting you; violating your privacy; entering your home; and anything else the judge deems necessary for your protection.
The abused party or parent of a minor child who is being abused should go to any district court in Kansas to apply for a protection order. The necessary forms are available online and are also supplied in the court clerk's office. There is no fee to file, and the respondent (the alleged abuser) must be served with the restraining order and notice of hearing in person. The plaintiff may keep contact and other information undisclosed if the judge deems this necessary for protection. A hearing shall be held within 20 days of the application for the order, at which both parties will be given the opportunity to testify. A temporary order may be issued upon application to protect the plaintiff until the hearing, if the judge deems this necessary. Protective orders can be issued for up to one year, and can be subsequently renewed.
In Kansas, violation of contact prohibition can be considered assault and battery. Violation of exclusion from dwelling is criminal trespass. Violators of a protective order can be found in contempt of court and a bench warrant issued for arrest.