A protection from stalking order is defined under K.S.A. 60-31a01 through 09 and provides victims of stalking with various protections.
How does it work?
If you believe you need from protection from stalking in Kansas, the first step is to file a petition. You are required to prove the allegations that you make in the petition by a preponderance of the evidence and the defendant/respondent (person accused of the stalking behavior) has the opportunity to present evidence in defense of his or her position. (K.S.A. 60-31a05).
Can You Get Immediate Relief from the Court?
Yes, if the Court feels you’ve met your burden of proving the allegations. K.S.A. 60-31a06 allows the court to enter temporary relief orders to protect the victim from being stalked immediately. Temporary orders can be granted by the court on an ex parte basis (with out the participation of the other party) for the initial order (pending return for a full order hearing). If either party requires a continuance of the hearing date, the court has the ability to enter additional temporary orders as the court feels appropriate, pending the full order hearing date.
Will You Have to Pay a Filing Fee to File a Protection from Stalking Order?
No. Pursuant to K.S.A. 60-31a04, there is no filing fee when you file the order.
What Needs to be Included in a Petition?
There is a variety of information needed, but it generally includes the name of the victim of stalking, the name of the defendant, the dates when the alleged behavior (stalking events) took place, how the acts or behavior constitute stalking. The information has to be set forth in a verified petition pursuant to K.S.A. 60-31a04.
Can An Adult Seek Protection from Stalking on Behalf of a Minor Child?
Yes. A parent or other adult residing with a minor child may seek relief for the child under the protection from stalking act by filing a verified petition in the county where the stalking occurred. K.S.A. 60-31a04.
Will My Personal Information Be Disclosed in Filing a Petition?
If you request that your address and telephone number not be disclosed to the defendant and/or the public, the court has the ability to keep this information confidential.
How Does the Full Order Hearing Work?
Within 21 days of the filing of a petition for protection from Stalking, a hearing must be held (unless either party requests and is granted a continuance) where the victim of the stalking must present evidence.
What Can the Court Order if the Court Orders the Protection from Stalking Order Be Granted?
The court has the ability to provide a variety of relief including:
- Restraining the defendant from following, harassing, telephoning, contacting or otherwise communicating with the victim. The order also is required to include a statement that if the order is violated, the violation may constitute stalking as defined in K.S.A. 21-5427 and amendments and is a violation of a protective order;
- Restraining the defendant from abusing, molesting or interfering with the privacy rights of the victim. Such order shall also contain a statement that if such order is violated, such violation may constitute stalking as defined in K.S.A. 21-5427 and amendments thereto, assault as defined in K.S.A. 21-5412, battery as defined in K.S.A. 21-5413 and violation of a protective order as defined in K.S.A. 21-5924.
- Restraining the defendant from entering upon or in the victim’s residence or the immediate vicinity thereof. The order shall also contain a statement that if violated, the behavior will constitute criminal trespass as defined in K.S.A. 21-5808 and a violation of a protective order;
- Any other order deemed necessary to carry out the provisions of this act. See K.S.A. 60-31a06
How Long Does a Protection from Stalking Order Remain in Effect?
A protection from stalking order remains in effect until modified or dismissed by the court and shall be for a fixed period of time not to exceed one year, except that the Plaintiff may file a motion to extend the order for a one year period. Additionally, if the Plaintiff files a verified motion and a hearing is set, and the court determines by a preponderance of the evidence that the order has been violated, 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 life of the defendant. No service fees shall be required for filing such a motion.
Can a Protection Order be Modified?
Yes, upon a motion filed by either party.
If a Protection from Stalking Order is Entered, What Contact Can be Held Between the Parties?
Nothing directly, however, the parties can communicate information through their attorneys, they can appear at scheduled court or administrative hearings with one another and a defendant or defendant’s attorney can still send plaintiff legal documents or correspondence related to issues.
Do You Need a Protection from Stalking Order in Kansas or need to defend against one? If so, call Pingel Family Law today to schedule your consultation at (816) 208-8130. Put our knowledge and experience to work for you.