K.S.A. Chapter 60 Article 31a
PROTECTION FROM STALKING ACT
Current through End of 2008 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) Sections 1 through 9, and amendments thereto, shall be known and may be cited as the protection from stalking act.
(b) This act shall be liberally construed to protect victims of stalking and to facilitate access to judicial protection for stalking victims, whether represented by counsel or proceedings pro se.
History: L. 2002, ch. 141, New Section One (SB 474); July 1.
As used in the protection from stalking act:
(a) "Stalking' means an intentional harassment of another person that places the other person in reasonable fear for that person’s safety.
(b) "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.
(c) "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."
History: L. 2002, ch. 141, New Section Two (SB 474); July 1.
The district courts shall have jurisdiction over all proceedings under the protection from stalking act.
History: L. 2002, ch. 141, New Section Three (SB 474); 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 act by filing a verified petition with the district judge or clerk of the court in the county where the stalking occurred. A verified petition must allege facts sufficient to show the following:
(1) The name of the stalking victim;
(2) the name of the defendant;
(3) the dates on which the alleged stalking behavior occurred; and
(4) the acts committed by the defendant that are alleged to constitute stalking.
(b) A parent or an adult residing with a minor child may seek relief under the protection from stalking 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 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 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; May 22.
60-31a05. Hearing; Temporary Orders Pending Hearing
(a) Within 20 days of the filing of a petition under the protection from stalking act a hearing shall be held at which the plaintiff must prove the allegation of stalking 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.
(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 (SB 474); July 1.
60-31a06. Orders; Time Periods; Amendments; Costs
(a) The court may issue a protection from stalking order granting any 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 provided in K.S.A. 21-3438, and amendments thereto, and violation of a protective order as provided in K.S.A. 2001 Supp. 21-3843, 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 provided in K.S.A. 21-3438, and amendments thereto, assault as provided in K.S.A. 21-3408, and amendments thereto, battery as provided in K.S.A. 21-3412, and amendments thereto, and violation of a protective order as provided in K.S.A. 2001 Supp. 21-3843, 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 provided in subsection (a)(1)(C) of K.S.A. 21-3721, and amendments thereto, and violation of a protective order as provided in K.S.A. 2001 Supp. 21-3843, and amendments thereto.
(4) Any other order deemed necessary by the court to carry out the provisions of this act.
(b) A protection from stalking 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 that, on motion of the plaintiff, such period may be extended for one additional year. Before the expiration of an order for protection from stalking, a victim, or a parent on behalf of the victim, may request an extension of the protection from stalking order for up to one additional year on showing of continuing threat of stalking.
(c) The court may amend its order at any time upon motion filed by either party.
(d) 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 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.
(e) 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; July 1.
60-31a07. Notice of Protection Orders
A copy of any order under the protection from stalking 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 (SB 474); July 1.
Except of otherwise provided in the protection from stalking act, any proceedings under this act shall be in accordance with chapter 60 of the Kansas Statutes Annotated and shall be in addition to any other available civil or criminal remedies.
History: L. 2002, ch. 141, New Section Eight (SB 474); July 1.
If upon hearing, the court finds a violation of any order under the protection from stalking 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 (SB 474); July 1.