K.S.A. Chapter 60 Article 31a

PROTECTION FROM STALKING OR SEXUAL ASSAULT ACT

Current through End of 2017 Legislative Session

60-31a01      Citation and Construction of Act

60-31a02      Definitions

60-31a03      Jurisdiction

60-31a04      Commencement of Proceedings; Persons Seeking Relief on Behalf of Minor; Forms; No Docket Fee; Confidentiality Exceptions

60-31a05      Hearing; Temporary Orders Pending Hearing

60-31a06      Orders; Time Periods; Amendments; Costs

60-31a07      Notice of Protection Orders

60-31a08      Procedure

60-31a09      Contempt.


60-31a01. Citation and Construction of Act

          (a) K.S.A. 60-31a01 through 60-31a09, and amendments thereto, shall be known and may be cited as the protection from stalking or sexual assault act.

(b) This act shall be liberally construed to protect victims of stalking and sexual assault and to facilitate access to judicial protection for stalking and sexual assault victims, whether represented by counsel or proceedings pro se.

History: L. 2002, ch. 141, New Section One; L. 2017, ch. 66, § 3; July 1.

60-31a02. Definitions

          As used in the protection from stalking or sexual assault act:

          (a) ‘‘Sexual assault’’ means:

          (1) A nonconsensual sexual act; or

          (2) an attempted sexual act against another by force, threat of force, duress or when the person is incapable of giving consent.

          (b) ‘‘Stalking’’ means an intentional harassment of another person that places the other person in reasonable fear for that person’s safety.

          (c) ‘‘Harassment’’ means a knowing and intentional course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose. ‘‘Harassment’’ shall include any course of conduct carried out through the use of an unmanned aerial system over or near any dwelling, occupied vehicle or other place where one may reasonably expect to be safe from uninvited intrusion or surveillance.

          (d) ‘‘Course of conduct’’ means conduct consisting of two or more separate acts over a period of time, however short, evidencing a continuity of purpose which would cause a reasonable person to suffer substantial emotional distress. Constitutionally protected activity is not included within the meaning of ‘‘course of conduct.’’

          (e) ‘‘Unmanned aerial system’’ means a powered, aerial vehicle that:

          (1) Does not carry a human operator;

          (2) uses aerodynamic forces to provide vehicle lift;

          (3) may fly autonomously or be piloted remotely;

          (4) may be expendable or recoverable; and

          (5) may carry a lethal or nonlethal payload.

History: L. 2002, ch. 141, L. 2016, ch. 58, § 3; L. 2017, ch. 66, § 4; July 1.

60-31a03. Jurisdiction

          The district courts shall have jurisdiction over all proceedings under the protection from stalking or sexual assault act.

History: L. 2002, ch. 141, New Section Three; L. 2017, ch. 66, § 5; July 1.

60-31a04. Commencement of Proceedings; Persons Seeking Relief on Behalf of Minor; Forms; No Docket Fee; Confidentiality Exceptions

          (a) A person may seek relief under the protection from stalking or sexual assault act by filing a verified petition with any district judge or clerk of the court. A verified petition must allege facts sufficient to show the following:

          (1) The name of the stalking or sexual assault victim;

          (2) the name of the defendant;

          (3) the dates on which the alleged stalking or sexual assault behavior occurred; and

          (4) the acts committed by the defendant that are alleged to constitute stalking or sexual assault.

          (b) A parent or an adult residing with a minor child may seek relief under the protection from stalking or sexual assault act on behalf of the minor child by filing a verified petition with the district judge or with the clerk of the court in the county where the stalking or sexual assault occurred.

          (c) The clerk of the court shall supply the forms for the petition and orders, which shall be prescribed by the judicial council.

          (d) Service of process served under this section shall be by personal service. No docket fee shall be required for proceedings under the protection from stalking or sexual assault act.

          (e) The victim’s address and telephone number shall not be disclosed to the defendant or to the public, but only to authorized court or law enforcement personnel and to the commission on judicial performance in the discharge of the commission’s duties pursuant to article 32 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto.

History: L. 2002, ch. 141, L. 2008, ch. 145, § 12; L. 2012, ch. 138, § 6; L. 2017, ch. 66, § 6; July 1.

60-31a05. Hearing; Temporary Orders Pending Hearing

          (a) Within 20 days of the filing of a petition under the protection from stalking or sexual assault act a hearing shall be held at which the plaintiff must prove the allegation of stalking or sexual assault by a preponderance of the evidence and the defendant shall have an opportunity to present evidence on the defendant’s behalf. Upon the filing of the petition, the court shall set the case for hearing. At the hearing, the court shall advise the parties of the right to be represented by counsel.

          (b) Prior to the hearing on the petition and upon a finding of good cause shown, the court on motion of a party may enter such temporary relief orders in accordance with section 6 and amendments thereto, or any combination thereof, as it deems necessary to protect the victim from being stalked. Temporary orders may be granted ex parte on presentation of a verified petition by the victim supporting a prima facie case of stalking or sexual assault.

          (c) If a hearing under subsection (a) is continued, the court may make or extend such temporary orders under subsection (b) as it deems necessary.

History: L. 2002, ch. 141, New Section Five; L. 2017, ch. 66, § 7; July 1.

60-31a06. Orders; Time Periods; Amendments; Costs

          (a) The court may issue a protection from stalking or sexual assault 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. Such order shall contain a statement that if such order is violated such violation may constitute stalking as defined in K.S.A. 2016 Supp. 21-5427, and amendments thereto, and violation of a protective order as defined in K.S.A. 2016 Supp. 21-5924, and amendments thereto.

          (2) Restraining the defendant from abusing, molesting or interfering with the privacy rights of the victim. Such order shall contain a statement that if such order is violated, such violation may constitute stalking as defined in K.S.A. 2016 Supp. 21-5427, and amendments thereto, assault as defined in K.S.A. 2016 Supp. 21-5412(a), and amendments thereto, battery as defined in K.S.A. 2016 Supp. 21-5413(a), and amendments thereto, and violation of a protective order as defined in K.S.A. 2016 Supp. 21-5924, and amendments thereto.

          (3) Restraining the defendant from entering upon or in the victim’s residence or the immediate vicinity thereof. Such order shall contain a statement that if such order is violated, such violation shall constitute criminal trespass as defined in K.S.A. 2016 Supp. 21-5808(a)(1)(C), and amendments thereto, and violation of a protective order as defined in K.S.A. 2016 Supp. 21-5924, and amendments thereto.

          (4) Restraining the defendant from committing or attempting to commit a sexual assault upon the victim. Such order shall contain a statement that if such order is violated, such violation shall constitute violation of a protective order, as defined in K.S.A. 2016 Supp. 21-5924, and amendments thereto. Such order shall also contain a statement that if such order is violated, such 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) Any other order deemed necessary by the court to carry out the provisions of this act.

          (b) A protection from stalking or sexual abuse 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 subsection subsections (c) and (d).

          (c) Upon motion of the plaintiff the court may extend the order for an additional year.

          (d) 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) Violated a valid protection order; (2) previously violated a valid protection order,; or (3) 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. 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 or sexual assault 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.

History: L. 2002, ch. 141, L. 2008, ch. 137, § 5; L. 2012, ch. 138, § 7; L. 2017, ch. 66, § 8; July 1.

60-31a07. Notice of Protection Orders

          A copy of any order under the protection from stalking or sexual assault act shall be issued to the victim, the defendant and the police department of the city where the victim resides. If the victim does not reside in a city or resides in a city with no police department, a copy of the order shall be issued to the sheriff of the county where the order is issued.

History: L. 2002, ch. 141, New Section Seven; L. 2017, ch. 66, § 9; July 1.

60-31a08. Procedure

          Except as otherwise provided in the protection from stalking or sexual assault act, any proceedings under this act shall be in accordance with chapter 60 of the Kansas Statutes Annotated, and amendments thereto, and shall be in addition to any other available civil or criminal remedies.

History: L. 2002, ch. 141, New Section Eight; L. 2017, ch. 66, § 10; July 1.

60-31a09. Contempt.

          If upon hearing, the court finds a violation of any order under the protection from stalking or sexual assault act, the court may find the defendant in contempt pursuant to K.S.A. 20-1204a, and amendments thereto.

History: L. 2002, ch. 141, New Section Nine; L. 2017, ch. 66, § 11; July 1.