Session Law

Identifying Information:L. 2002 ch. 142
Other Identifying Information:2002 Senate Bill 475
Tax Type:Other
Brief Description:An Act concerning protection from abuse; relating to intimate partners or household members; amending K.S.A. 2001 Supp. 60-3102, 60-3104, 60-3107 and 60-3112 and repealing the existing sections.
Keywords:


Body:

CHAPTER 142

SENATE BILL No. 475


An Act concerning protection from abuse; relating to intimate partners or household mem-

bers; amending K.S.A. 2001 Supp. 60-3102, 60-3104, 60-3107 and 60-3112 and repealing


the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 60-3102 is hereby amended to read as

follows: 60-3102. As used in this act, ``abuse'' the protection from abuse

act:

(a) ``Abuse'' means the occurrence of one or more of the following

acts between persons who reside together, who formerly resided together

or who have or has had a child in common intimate partners or household

members:

(a) (1) Intentionally attempting to cause bodily injury, or intentionally

or recklessly causing bodily injury.

(b) (2) Intentionally placing, by physical threat, another in fear of

imminent bodily injury.

(c) (3) Engaging in any of the following acts with a minor under 16

years of age who is not the spouse of the offender:

(1) (A) The act of sexual intercourse; or

(2) (B) any lewd fondling or touching of the person of either the

minor or the offender, done or submitted to with the intent to arouse or

to satisfy the sexual desires of either the minor or the offender, or both.

(b) ``Intimate partners or household members'' means persons who

are or have been in a dating relationship, persons who reside together or

who have formerly resided together or persons who have had a child in

common.

(c) ``Dating relationship'' means a social relationship of a romantic

nature. A dating relationship shall be presumed if a plaintiff verifies, pur-

suant to K.S.A. 53-601, and amendments thereto, that such relationship

exists. In addition to any other factors the court deems relevant, the court

shall consider the following factors in making a determination of whether

a relationship exists or existed include:

(1) Nature of the relationship;

(2) length of time the relationship existed;

(3) frequency of interaction between the parties; and

(4) time since termination of the relationship, if applicable.

Sec. 2. K.S.A. 2001 Supp. 60-3104 is hereby amended to read as

follows: 60-3104. (a) A person An intimate partner or household member

may seek relief under the protection from abuse act by filing a verified

petition with any district judge or with the clerk of the court alleging

abuse by another with whom the person resides, formerly resided or has

or has had a child in common intimate partner or household member.

(b) A parent of or an adult residing with a minor child may seek relief

under the protection from abuse act on behalf of the minor child by filing

a verified petition with any district judge or with the clerk of the court

alleging abuse by another with whom the child resides, formerly resided

or has or has had a child in common intimate partner or household mem-

ber.

(c) The clerk of the court shall supply the forms for the petition and

orders, which shall be prescribed by the supreme court judicial council.

(d) Service of process served under this section shall be by personal

service and not by certified mail return receipt requested. No docket fee

shall be required for proceedings under the protection from abuse act.

(e) If the court finds that the plaintiff's address or telephone number,

or both, needs to remain confidential for the protection of the plaintiff,

plaintiff's minor children or minor children residing with the plaintiff,

such information shall not be disclosed to the public, but only to author-

ized court or law enforcement personnel.

Sec. 3. K.S.A. 2001 Supp. 60-3107 is hereby amended to read as

follows: 60-3107. (a) The court shall be empowered to may approve any

consent agreement to bring about a cessation of abuse of the plaintiff or

minor children or grant any of the following orders:

(1) Restraining the parties defendant from abusing, molesting or in-

terfering with the privacy or rights of each other the plaintiff or of any

minor children of the parties. Such order shall contain a statement that

if such order is violated, such violation may 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, domestic battery as provided in K.S.A.

2001 Supp. 21-3412a, and amendments thereto and violation of a pro-

tective order as provided in K.S.A. 2001 Supp. 21-3843, and amendments

thereto.

(2) Granting possession of the residence or household to a party the

plaintiff to the exclusion of the other party the defendant, and further

restraining the party not granted possession defendant from entering or

remaining upon or in such residence or household, subject to the limi-

tation of subsection (c) (d). Such order shall contain a statement that if

such order is violated, such violation shall constitute criminal trespass as

provided in subsection (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. The court may grant an order, which

shall expire 60 days following the date of issuance, restraining the party

not granted possession defendant from cancelling utility service to the

residence or household.

(3) Requiring a party defendant to provide suitable, alternate housing

for such party's spouse the plaintiff and any minor children of the parties.

(4) Awarding temporary custody and residency and establishing tem-

porary parenting time with regard to minor children.

(5) Ordering a law enforcement officer to evict a party the defendant

from the residence or household.

(6) Ordering support payments by a party for the support of a party's

minor child, if the party is the father or mother of the child, or a party's

spouse the plaintiff, if the plaintiff is married to the defendant. Such

support orders shall remain in effect until modified or dismissed by the

court or until expiration and shall be for a fixed period of time not to

exceed one year. On the motion of the plaintiff, the court 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

parties and ordering a law enforcement officer to assist in securing pos-

session of that property, if necessary.

(9) Requiring the person against whom the order is issued any person

against whom an order is issued to seek counseling to aid in the cessation

of abuse.

(10) Ordering or restraining any other acts deemed necessary to pro-

mote the safety of the plaintiff or of any minor children of the parties.

(b) No protection from abuse order shall be entered against the plain-

tiff unless:

(1) The defendant properly files a written cross or counter petition

seeking such a protection order;

(2) the plaintiff had reasonable notice of the written cross or counter

petition 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 the

plaintiff and the defendant and determined that both parties acted pri-

marily as aggressors and neither party acted primarily in self-defense.

(b) (c) Any order entered under the protection from abuse act shall

not be subject to modification on ex parte application or on motion for

temporary orders in any action filed pursuant to K.S.A. 60-1601 et seq.,

or K.S.A. 38-1101 et seq., and amendments thereto. Orders previously

issued in an action filed pursuant to K.S.A. 60-1601 et seq., or K.S.A. 38-

1101 et seq., and amendments thereto, shall be subject to modification

under the protection from abuse act only as to those matters subject to

modification by the terms of K.S.A. 60-1610 et seq., and amendments

thereto, and on sworn testimony to support a showing of good cause.

Immediate and present danger of abuse to the plaintiff or minor children

shall constitute good cause. If an action is filed pursuant to K.S.A. 60-

1610 et seq., or K.S.A. 38-1101 et seq., and amendments thereto, during

the pendency of a proceeding filed under the protection from abuse act

or while an order issued under the protection from abuse act is in effect,

the court, on final hearing or on agreement of the parties, may issue final

orders authorized by K.S.A. 60-1610 and amendments thereto, that are

inconsistent with orders entered under the protection from abuse act.

Any inconsistent order entered pursuant to this subsection shall be spe-

cific in its terms, reference the protection from abuse order and parts

thereof being modified and a copy thereof shall be filed in both actions.

The court shall consider whether the actions should be consolidated in

accordance with K.S.A. 60-242 and amendments thereto.

(c) (d) If the parties to an action under the protection from abuse act

are not married to each other and one party owns the residence or house-

hold, the court shall not have the authority to grant possession of the

residence or household under subsection (a)(2) to the exclusion of the

party who owns it.

(d) (e) Subject to the provisions of subsections (b) and, (c) and (d), a

protective order or approved consent agreement 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.

(e) (f) The court may amend its order or agreement at any time upon

motion filed by either party.

(f) (g) No order or agreement under the protection from abuse act

shall in any manner affect title to any real property.

(g) (h) If a person enters or remains on premises or property violating

an order issued pursuant to subsection (a)(2), such violation shall consti-

tute criminal trespass as provided in subsection (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. If a person abuses,

molests or interferes with the privacy or rights of another violating an

order issued pursuant to subsection (a)(1), such violation may 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, domestic battery

as provided in K.S.A. 2001 Supp. 21-3412a, and amendments thereto,

and violation of a protective order as provided in K.S.A. 2001 Supp. 21-

3843, and amendments thereto.

Sec. 4. K.S.A. 2001 Supp. 60-3112 is hereby amended to read as

follows: 60-3112. (a) All temporary, amended, final and other protection

from abuse orders, orders amending an existing protective order, and

such related issued pursuant to article 31 of chapter 60 of the Kansas

Statutes Annotated, and amendments thereto, or protection orders issued

based on the laws of another jurisdiction which are entitled to full faith

and credit in Kansas pursuant to the provisions of 18 U.S.C. 2265, and

amendments thereto, shall be entered into the national criminal infor-

mation center protection order file. All emergency protection from abuse

orders, temporary protection from abuse orders, other orders issued pur-

suant to article 31 of chapter 60 of the Kansas Statutes Annotated, and

amendments thereto, and such emergency, temporary and other related

orders issued based on the laws of another jurisdiction which are entitled

to full faith and credit in Kansas pursuant to the provisions of 18 U.S.C.

2265, and amendments thereto, may be entered into the national criminal

information center protection order file. All emergency protection from

abuse orders issued pursuant to article 31 of chapter 60 of the Kansas

Statutes Annotated, and amendments thereto, and such emergency orders

issued based on the laws of another jurisdiction which are entitled to full

faith and credit in Kansas pursuant to the provisions of 18 U.S.C. 2265,

and amendments thereto, may be entered into the national criminal in-

formation center protection order file. A copy of these orders shall be

delivered by the clerk of the court to the sheriff of the county where the

order is issued or registered. The sheriff's office shall immediately enter

the order into the national criminal information center and other appro-

priate databases after all mandatory identifiers are available. If the order

is a foreign protective order, the sheriff's office shall contact the issuing

jurisdiction to verify the order and request that such jurisdiction enter

the order into the national criminal information center and other appro-

priate databases. Any modification of an order shall be forwarded im-

mediately by the clerk of the court to the sheriff's office with jurisdiction

to enforce the modified order. The sheriff's office shall ensure the ac-

curacy of the entries and the court shall ensure the validity of the orders.

(b) All emergency and temporary orders which have been entered

into the national criminal information center file shall be canceled upon

the expiration of the time period set out in the court order, or, if no time

period is set, no later than one year from the entry date. All other orders

which have been entered into the national criminal information center

protection order file shall be cleared as an active record from the com-

puter system when:

(1) The order expires according to the terms of such order;

(2) a Kansas court notifies the law enforcement agency which has

jurisdiction over the entry of the order that such order has been dis-

missed; or

(3) a foreign protective order has been invalidated by either a Kansas

court or a foreign court with jurisdiction over such order.

(c) This section shall be part of and supplemental to the protection

from abuse act.

Sec. 5. K.S.A. 2001 Supp. 60-3102, 60-3104, 60-3107 and 60-3112

are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 17, 2002.


__________




Date Composed: 10/10/2002 Date Modified: 10/10/2002