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Know the Laws: Kansas

UPDATED September 22, 2017

Protection from Stalking or Sexual Assault Orders

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A protection from stalking order is a civil order that provides protection from someone who has stalked or sexually assaulted you, regardless of the relationship.

Basic information

back to topWhat is the legal definition of stalking in Kansas?

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 over a period of time (even a short period of time) that shows a continuing purpose by the offender.  Also, there must be no legitimate (valid) reason for these actions or behaviors.*  

* Kan. Stat. § 60-31a02(b),(c),(d)

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back to topWhat is the legal definition of sexual assault in Kansas?

“Sexual assault” means:

  • a sexual act that was done to someone without his/her consent;
  • an attempted sexual act that was committed using force, the threat of force, or duress (pressure and coercion);
  • an attempted sexual act that was committed against someone who was incapable of giving consent.*

* Kan. Stat. § 60-31a02(a)

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back to topWhat types of protection from stalking or sexual assault orders are there? How long do they last?

In Kansas, there are two types of protection from stalking or sexual assault orders. 

Ex parte temporary order
When you file your petition in court, the judge can issue an immediate ex parte temporary protection from stalking or sexual assault order if there is "good cause" to do so.  ("Ex parte" means that the order can be issued without prior notice to the abuser and without him/her being present in court.)  This temporary order will last until your full court hearing for the final order, which is usually within 21 days.  At the hearing, both you and the abuser will have an opportunity to testify and present evidence.*

Final order
After a hearing in which you both have an opportunity to tell your side of the story through your testimony, evidence, and witnesses, a judge can grant you a final protection from stalking or sexual assault order.  A final order expires on the date set by the judge and can last for a period of up to 1 year, but can be extended under certain circumstances.**  See How can I change or extend my protection from stalking order? for more information. 

* Kan. Stat. § 60-31a05(a),(b)
** Kan. Stat. § 60-31a06(b),(c),(d)

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back to topHow can a protection from stalking or sexual assault order help me?

A protection from stalking or sexual assault order can offer the following protections for you and your family.  It can:

  • order the abuser not to follow, harass, telephone, or make contact with you in any way;
  • order the abuser not to violate your privacy rights;
  • 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; and
  • order any other protections the judge considers necessary.*

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

* Kan. Stat. § 60-31a06(a)

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