60-31a06. Orders; time periods; amendments; costs.
60-31a06
60-31a06. Orders; time periods; amendments;costs.(a) The court may issue a protectionfromstalking ordergranting any of the following orders:
(1) Restraining the defendant from following, harassing, telephoning,contacting or otherwise communicating with thevictim. Such order shallcontain a statement that if such order is violated such violation mayconstitute stalking as provided in K.S.A. 21-3438, and amendments thereto, andviolation of a protective order as provided inK.S.A. 21-3843, andamendments thereto.
(2) Restraining the defendant from abusing, molesting or interfering with theprivacy rights of the victim. Suchorder shall contain a statement that if such order is violated, such violationmay 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 asprovided in K.S.A. 21-3412, and amendments thereto, and violation of aprotective order as provided inK.S.A. 21-3843, and amendmentsthereto.
(3) Restraining the defendant from entering upon or in the victim'sresidence or the immediate vicinity thereof. Such order shall contain astatement that if such orderis violated, such violation shall constitute criminal trespass as provided insubsection (a)(1)(C) of K.S.A. 21-3721, and amendments thereto, and violationof a protectiveorder as provided inK.S.A. 21-3843, and amendments thereto.
(4) Any other order deemednecessary by the court to carry out the provisions of this act.
(b) A protection from stalking order 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.Before the expiration of an order for protection from stalking, avictim, or a parent on behalf of the victim, may request an extension of theprotection from stalking order for up to one additional year on showing ofcontinuing threat of stalking.
(c) The court may amend its order at any time upon motion filed by eitherparty.
(d) The court shallassess costs against the defendant and may award attorney fees to the victim inany case in which thecourt issues a protection from stalking order pursuant to this act. The courtmay award attorney fees to the defendant in any case where the court finds thatthepetition to seek relief pursuant to this act is without merit.
(e) A no contact or restraining provision in a protective order issuedpursuant 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 ofany legal pleadings filed in court relating to civil or criminal matterspresently relevant to the plaintiff.
History: L. 2002, ch. 141, § 6;L. 2008, ch. 137, § 5; July 1.