60-3107. Orders for relief of abuse, procedure; modifications; inconsistent orders; violation of orders, criminal violations and penalties.

60-3107

Chapter 60.--PROCEDURE, CIVIL
Article 31.--PROTECTION FROM ABUSE ACT

      60-3107.   Orders for relief of abuse, procedure;modifications; inconsistent orders; violation of orders, criminal violationsand penalties.(a) The court may approve any consentagreement tobring about a cessation of abuse of the plaintiff or minor children orgrant any of the following orders:

      (1)   Restraining the defendant from abusing, molestingor interfering with theprivacy or rights of the plaintiff or of any minorchildren of the parties. Suchorder shall contain a statement that if such order is violated, such violationmay constitute assault as provided in K.S.A. 21-3408, and amendments thereto,battery as provided in K.S.A. 21-3412, and amendments thereto, domesticbattery as provided inK.S.A. 2005 Supp.21-3412a, and amendments thereto andviolation of a protective order as provided inK.S.A. 2005 Supp.21-3843, andamendmentsthereto.

      (2)   Granting possession of the residence or household tothe plaintiff tothe exclusion of the defendant, and furtherrestraining the defendant from entering or remaining upon or insuch residence orhousehold, subject to the limitation of subsection (d). Suchorder shallcontain a statement that if such order is violated, such violation shallconstitute criminal trespass as provided in subsection (c) of K.S.A. 21-3721,and amendments thereto, and violation of a protective order as provided inK.S.A. 2005 Supp.21-3843, and amendments thereto. The courtmay grant anorder, which shall expire 60 days following the date of issuance, restrainingthe defendant from cancellingutilityservice to the residence or household.

      (3)   Requiring defendant to provide suitable, alternatehousing forthe plaintiff and any minor children of theparties.

      (4)   Awarding temporary custody and residency and establishing temporaryparenting time with regard to minor children.

      (5)   Ordering a law enforcement officer to evict thedefendant from theresidence or household.

      (6)   Ordering support payments by a party for the support of a party's minorchild, if the party is the father or mother of the child, or theplaintiff, if the plaintiff is marriedto the defendant. Such support orders shall remain in effect untilmodified or dismissed by the court or until expiration and shall be for a fixedperiod of time not to exceed one year. On the motion of the plaintiff, thecourt may extend the effect of such order for 12 months.

      (7)   Awarding costs and attorney fees to either party.

      (8)   Making provision for the possession of personal property of the partiesand ordering a law enforcement officer to assist in securing possession of thatproperty, if necessary.

      (9)   Requiring anypersonagainst whom an order is issued toseek counseling to aid in the cessation ofabuse.

      (10)   Ordering or restraining any other acts deemed necessary to promotethesafety of the plaintiff or of any minor children of the parties.

      (b)   No protection from abuse order shall be entered against the plaintiffunless:

      (1)   The defendant properly files a written cross or counter petition seekingsuch a protection order;

      (2)   the plaintiff had reasonable notice of the written cross or counterpetition by personal service as provided in subsection (d) of K.S.A. 60-3104,and amendments thereto; and

      (3)   the issuing court made specific findings of abuse against both theplaintiff and the defendant and determined that both parties acted primarily asaggressors and neither party acted primarily in self-defense.

      (c)   Any order entered under theprotection from abuse act shall not be subject to modification on ex parteapplication or on motion for temporary orders in any action filed pursuant toK.S.A. 60-1601 et seq., or K.S.A. 38-1101 et seq.,and amendments thereto. Orders previouslyissued in an action filed pursuant to K.S.A. 60-1601 et seq., orK.S.A. 38-1101 et seq., andamendments thereto, shall be subject to modification under the protection fromabuse act only as to those matters subject to modification by the terms ofK.S.A. 60-1610 et seq., and amendments thereto,and on sworn testimony to support a showing of good cause. Immediate andpresent danger of abuse tothe plaintiff or minor children shall constitute good cause. If an action isfiled pursuant to K.S.A. 60-1610 et seq., or K.S.A. 38-1101et seq., and amendments thereto,duringthe pendency of a proceeding filed under the protection from abuse act or whilean order issued under the protection from abuse act is in effect, the court, onfinal hearing or on agreement of the parties, may issue final ordersauthorized by K.S.A. 60-1610 and amendments thereto, that are inconsistent withorders entered under the protection from abuse act. Any inconsistent orderentered pursuant to this subsection shall be specific in its terms, referencethe protection from abuse order and parts thereof being modified and a copythereof shall be filed in both actions. The court shall consider whether theactions should be consolidated in accordance with K.S.A. 60-242 and amendmentsthereto.

      (d)   If the parties to an action under the protection fromabuseact are not married to eachother and one party owns the residence or household, the court shall nothave the authority to grant possession of the residence or household undersubsection (a)(2) to the exclusion of the party who owns it.

      (e)   Subject to the provisions of subsections (b), (c) and (d), aprotective orderor approved consent agreement shall remain in effect until modified ordismissed by the court and shall be for a fixed period of time not to exceedone year, except that, on motion of the plaintiff, such period may be extendedfor one additional year.

      (f)   The court may amend its order or agreement at any timeupon motionfiled by either party.

      (g)   No order or agreement under the protection from abuseactshall in any manner affecttitle to any real property.

      (h)   If a person enters or remains on premises or propertyviolating an orderissued pursuant to subsection (a)(2), such violation shall constitute criminaltrespass as provided in subsection (c) of K.S.A. 21-3721, and amendmentsthereto, and violation of a protective order as provided inK.S.A. 2005 Supp.21-3843, andamendments thereto. If a person abuses, molests or interferes with theprivacy or rightsof another violating an order issued pursuant to subsection (a)(1), suchviolation may constitute assault as provided in K.S.A. 21-3408, and amendmentsthereto, battery as provided in K.S.A. 21-3412, and amendmentsthereto, domestic battery as provided inK.S.A. 2005 Supp.21-3412a, andamendmentsthereto, and violation of a protective order as provided inK.S.A. 2005 Supp.21-3843, andamendments thereto.

      History:   L. 1979, ch. 92, § 7;L. 1980, ch. 177, § 6;L. 1983, ch. 201, § 4;L. 1987, ch. 228, § 6;L. 1988, ch. 220, § 1;L. 1990, ch. 210, § 1;L. 1992, ch. 76, § 1;L. 1996, ch. 208, § 8;L. 1998, ch. 94, § 5;L. 2000, ch. 171, § 24;L. 2001, ch. 177, § 10;L. 2002, ch. 142, § 3; July 1.