What is a no contact order in Kansas?

21-5924. Violation of a protective order; extended protective orders; penalties. [See Revisor's Note] (a) Violation of a protective order is knowingly violating:

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How long does a no contact order last in Kansas?
How do you get a no contact order in Kansas?
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How long do most no contact orders last?

(1) A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 and 60-3107, and amendments thereto;

(2) a protective order issued by a court or tribunal of any state or Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265, and amendments thereto;

(3) a restraining order issued pursuant to K.S.A. 2012 Supp. 23-2707, 38-2243, 38-2244 and 38-2255, and amendments thereto, and K.S.A. 60-1607, prior to its transfer;

(4) an order issued in this or any other state as a condition of pretrial release, diversion, probation, suspended sentence, postrelease supervision or at any other time during the criminal case that orders the person to refrain from having any direct or indirect contact with another person;

(5) an order issued in this or any other state as a condition of release after conviction or as a condition of a supersedeas bond pending disposition of an appeal, that orders the person to refrain from having any direct or indirect contact with another person; or

(6) a protection from stalking order issued pursuant to K.S.A. 60-31a05 or 60-31a06, and amendments thereto.

(b) (1) Violation of a protective order is a class A person misdemeanor, except as provided in subsection (b)(2).

(2) Violation of an extended protective order as described in subsection (e)(2) of K.S.A. 60-3107, and amendments thereto, and subsection (d) of K.S.A. 60-31a06, and amendments thereto, is a severity level 6, person felony.

(c) No protective order, as set forth in this section, shall be construed to prohibit an attorney, or any person acting on such attorney's behalf, who is representing the defendant in any civil or criminal proceeding, from contacting the protected party for a legitimate purpose within the scope of the civil or criminal proceeding. The attorney, or person acting on such attorney's behalf, shall be identified in any such contact.

You can request an emergency protection from abuse order from a local law enforcement officer when you need immediate protection and the court is closed. The order would be signed by a district court judge who is on call. The judge must believe there is an immediate and present danger of abuse to you or your minor child. The emergency order is valid only until 5 pm on the next business day that the courthouse is open. You can then apply for a protection from abuse order at the courthouse before it expires.1

You can file for a temporary ex parte protection from abuse order when you file your petition for a protection from abuse order in district court. It can be granted without prior notice to the abuser and without the abuser appearing in court if a judge finds that you or your family are in immediate danger. It will last until your final hearing, which usually takes place within 21 days.2

A final protection from abuse order is awarded by a judge only after a final hearing in court in which you and the abuser each have an opportunity to present evidence and tell your different sides of the story. It lasts for up to one year, but may be extended for one year, two years, or even for the lifetime of the abuser if certain conditions are met.3 For more information on extending an order, see How do I change or extend my order?

1 Kan. Stat. § 60-3105(a), (b)
2 Kan. Stat. § 60-3106
3 Kan. Stat. § 60-3107(e)

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A “mutual” order of protection prohibits both parties from abusing, molesting, or interfering with the privacy or rights of each other. It may order that both parties not contact each other.

If you file for a PFA and the defendant files and serves you with a counter-petition saying that you have abused him/her, there are generally two ways in which mutual order may be issued:

The judge could hold a hearing where both you and the abuser present evidence; the judge must believe that you both were primary aggressors and neither of you acted in self-defense; or
If you agree or consent to a mutual order without having a hearing.1

Many times the judges or lawyers will encourage people to consent to an order against them using the rationale that “If you do not plan on violating the order, it shouldn’t bother you to have an order against you.” However, this way of thinking can be dangerous. If the abuser gets the restraining order, s/he can easily try to falsely report a violation or trick you into violating the order so that you get arrested, which can have consequences on future custody cases, restraining order cases, or immigration matters. A judge cannot force you to consent, however. You have the right to a hearing where you can defend yourself and then the judge will have to decide if the abuser proved his/her case against you.

If a counter-petition is filed against you or if you are urged to consent to a mutual order, think seriously about getting an attorney to help you. Go to our KS Finding a Lawyer page.

1 Kan. Stat. § 60-3107(b)

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A protection from abuse order can:

order the abuser not to abuse, bother (“molest”), or interfere with the privacy or rights of you or your children;
order the abuser to be removed (“excluded”) from your shared home and give you possession of the home1 unless you are not married to the abuser and the abuser owns the home, then this will not be ordered;2
order the abuser to not cancel utility service to the home for 60 days;
require the abuser to provide alternate housing for you and your children;
order the police to remove the abuser from the home and help you return to the home;
decide the possession of shared personal property including a car and household goods, and order law enforcement to help get that property, if necessary;
establish temporary custody and visitation rights of your children;
order temporary child support and, if you are married, spousal support;
require the abuser to seek batterers’ counseling;
order either you or the abuser to pay the other’s attorney’s fees; and
order the abuser to do anything else the judge decides is necessary to protect you and your children.1 Be sure to ask for anything else you think is important.

1 Kan. Stat. § 60-3107(a)
2 Kan. Stat. § 60-3107(d)

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When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

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You can seek legal protection from acts of domestic violence done to you or your minor child by an “intimate partner or household member,” which includes:

your spouse or ex-spouse;
someone who lives with you, currently or in the past;
someone whom you are dating or have dated; or
someone with whom you have a child in common.1

A parent, court-appointed legal custodian/guardian, or an adult living with a minor child can file on behalf of the minor child if the child has been abused by an intimate partner or household member.2

If you do not qualify for a PFA, you may be able to get a protection from stalking, sexual assault, or human trafficking order.

1 Kan. Stat. § 60-3102(b)
2 Kan. Stat. § 60-3104(b)

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You can find the forms that you will need from the district court clerk at the courthouse, but you may want to find them before you go and fill them out at home or with an advocate from a domestic violence program. You will find links to forms online on the KS Download Court Forms page. Most shelters and other domestic violence organizations can provide support for you while you fill out these papers and go to court. Go to our Places that Help page to find an organization in your area.

On the petition, you will be the “plaintiff” and the abuser will be the “defendant.” You will write about the incidents of violence, using specific language, such as slapping, hitting, grabbing, threatening, etc., that fits your situation. Include details and dates, if possible. In the petition, you can also check off the box to get a temporary, ex parte order. A judge can grant a temporary order if s/he feels that you or your family are in immediate harm. The abuser does not have to be with you or be told you are asking the judge for a temporary order, but the abuser will learn of the temporary order when the order is served and the petition is set for hearing.

Note: The application must be verified, which means you might have to sign it in front of the court clerk or a notary. Check with the court clerk before signing your papers.

You will also need to give a safe mailing address and phone number in case the court needs to contact you. If you are staying at a shelter, give a post office box, not the street address. If you do not have a safe address, ask the clerk how you can keep your address confidential.

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When you have filed the forms with the clerk of court, s/he will bring your petition to a judge for review.

If you are in immediate danger and need the protection of a temporary order, you may be required to meet the judge and explain why you think the temporary order is necessary. The abuser will not be present for this hearing.

If the judge believes you or your child are in serious and immediate danger, s/he may give you temporary order which is good for until your full court hearing.

Whether the judge grants you a temporary order or not, you will be given a court date for a full court “hearing” usually within 21 days. This hearing will be in front of a judge at the time shown on the Notice of Hearing. “Notice of the Hearing” is the document that tells the defendant when and where to appear for the full court hearing. At this hearing, both parties will have a chance to present evidence to the judge.

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The abuser must be served with a notice of hearing and the temporary PFA order if the judge has granted you once. If the abuser does not receive notice, the hearing will be rescheduled. If this happens, be sure to request that your temporary order be extended until the full hearing can take place.

The court may send copies of the order and notice of hearing to the sheriff, and then law enforcement personnel will serve the abuser.

In addition, you may have to provide some contact information for the defendant/abuser so the police or sheriff can find him/her such as his/her address, birth date, etc. Do not try to serve the abuser yourself.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

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On the day of the hearing, you must go to the hearing to ask to have your temporary order turned into a final PFA order, which can last for up to one year.1

If you do not go to the hearing, your temporary order will expire and you will have to start the process all over again. If the abuser does not show up for the hearing, the judge may enter a “default” order, granting you what you requested in your petition. The judge may also decide to postpone the date of the hearing in order to be able to hear testimony from the abuser. If the judge postpones the hearing, be sure that your temporary order is extended until the next court date.

You may wish to hire a lawyer to help with your case, especially if the abuser has a lawyer. If the abuser shows up with a lawyer, you can ask the judge for a “continuance” so that you have time to find a lawyer. Go to KS Finding a Lawyer to find help in your area.

You can also read through the At the Hearing section for ways you can show the judge that you were abused - this may be especially helpful if you are representing yourself. You can learn more about the court system in our Preparing for Court – By Yourself section.

1 Kan. Stat. § 60-3107(e)

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Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:

first, read the questions on this page to see if judges in Kansas have to power to remove guns as part of a temporary or final order;
second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website.

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Here are some steps that you may want to take before, and after, leaving the courthouse:

Review the order before you leave the courthouse. If you have any questions about it, be sure to ask the clerk or, if possible, the judge.
Make several copies of the PFA order as soon as possible.
Keep a copy of the PFA order with you at all times.
Leave copies of the PFA order at your workplace, at your home, at your children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
Give a copy of the order to anyone who is named in and protected by the order.
You may wish to consider changing your locks, if permitted by law or by your lease, and your phone number.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Safety Tips.

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If you are not granted a PFA order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence or sexual assault programs in your area to get help, support, and give you advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Tips page. You will find a list of Kansas resources on our Places that Help page.

If you were not granted a PFA order because your relationship with the abuser does not qualify as a “family or household member,” you may be able to seek a protection from stalking, sexual assault, or human trafficking order.

You may also be able to reapply for a PFA order if a new incident of domestic abuse occurs after you are denied the order.

If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. You can read more on our Filing an Appeal page.

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If the defendant violates the PFA order, you can call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a PFA and the defendant is violating it. Violating a PFA order can be a class A person misdemeanor. Violation of an extended PFA can be a level 6, person felony, in some circumstances.1

Another option can be to file for civil contempt in the court that issued the PFA order.2 The abuser can be held in “civil contempt” if s/he does anything that your PFA order orders him/her not to do. To file for civil contempt, go to the clerk’s office and ask for the petition to file for claiming a violation of the order. The violation petition and a summons must be served upon the abuser, or the court may issue a warrant for his/her arrest.

1 Kan. Stat. § 21-5924(b)
2 See Kan. Stat. § 60-3110

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To change (“modify”) your order, you can go back to the court where you got it and file a modification petition with the clerk. The judge can modify an order at any time based on a motion filed by either party.1

To extend your order, you can file for an extension/renewal before your original order expires. If you request it, a judge may extend the order by granting a renewal for one additional year.2 It is also possible for the judge to extend the order for any period of time from two years to the lifetime of the abuser if you can prove:

the abuser violated a valid protection order, either the current order or a prior order; or
the abuser has been convicted of a “person felony” or any conspiracy, criminal solicitation or attempt of a “person felony” against you or any member of your household.3

For advice about your particular situation, please talk to a lawyer. You can find lawyer referrals on our KS Finding a Lawyer page.

1 Kan. Stat. § 60-3107(f)
2 Kan. Stat. § 60-3107(e)(1)
3 Kan. Stat. § 60-3107(e)(2)

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If you move within Kansas, your order will still be valid. Additionally, the federal law provides what is called “Full Faith and Credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.

If you are moving to a new state, you may also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111x2) for information on enforcing your order in another state.

For more information, please see our Moving with a Kansas Protection from Abuse Order (PFA) page.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

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For the purposes of getting a protection from stalking, sexual assault, or human trafficking order, “stalking” is intentional harassment that puts you in reasonable fear for your safety.

Harassment means repeated behaviors or actions (a “course of conduct”) that seriously frighten or annoy you and would cause a reasonable person to suffer substantial emotional distress.

The “course of conduct” must include two or more separate acts that shows a continuing purpose by the offender. Also, there must be no legitimate reason for these actions or behaviors.1

Note: The stalker does not have to be arrested or charged with the crime of stalking in order for you to apply for this protection order but you must allege that the person committed an act that would be considered stalking.2

1 Kan. Stat. § 60-31a02(d)
2 See generally Kan. Stat. §§ 60–31a01; 60–31a05

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For the purposes of getting a protection from stalking, sexual assault, or human trafficking order, “sexual assault” means:

a sexual act that was done to someone without his/her consent;
an attempted sexual act that was committed using force, the threat of force, or pressure and coercion (“duress”); or
an attempted sexual act that was committed against someone who was incapable of giving consent.1

Note: The perpetrator does not have to be arrested or charged with sexual assault in order for you to apply for this protection order but you must allege that the person committed an act that would be considered sexual assault.2

1 Kan. Stat. § 60-31a02(c)
2 See generally Kan. Stat. §§ 60–31a01; 60–31a05

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In Kansas, there are two types of protection from stalking, sexual assault, or human trafficking orders.

When you file your petition in court, the judge can issue an immediate ex parte temporary order if there is “good cause” to do so. “Ex parte” means that the order can be issued without prior notice to the abuser and without him/her being present in court. This temporary order will last until your full court hearing for the final order, which is usually within 21 days. At the hearing, both you and the abuser will have an opportunity to testify and present evidence.1

After a hearing in which you both have an opportunity to tell your side of the story through your testimony, evidence, and witnesses, a judge can grant you a final order. A final order expires on the date set by the judge and can last for a period of up to one year, but can be extended under certain circumstances.2 See How can I change or extend my protection from stalking, sexual assault, or human trafficking order? for more information.

1 Kan. Stat. § 60-31a05(a), (b)
2 Kan. Stat. § 60-31a06(b), (c), (d)

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A temporary ex parte order or a final order can include any or all of the following protections:

order the abuser not to follow, harass, telephone, or make contact with you in any way;
order the abuser not to enter your home or the area immediately around your home;
order the abuser not to commit or attempt to commit sexual assault upon you;
order the abuser not to recruit, harbor, transport, commit, or attempt to commit human trafficking against you;
order the abuser not to violate your privacy rights; and
order any other protections the judge considers necessary.1

Whether a judge orders any or all of the above depends on the facts of your case.

1 Kan. Stat. §§ 60-31a05(b); 60-31a06(a)

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There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

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You do not need a lawyer to file for a protection from stalking, sexual assault, or human trafficking order but it is generally better to have one if you can, especially if the abuser has an attorney. In many places, local domestic violence or sexual assault programs can help you file for an order. You will find a list of legal organizations that might be able to help you at the KS Finding a Lawyer page. You can also find contact information for the courthouse in your area at the KS Courthouse Locations page. You can download the petition on our KS Download Court Forms page or you can get them at the courthouse.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

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A petition for a protection from stalking, sexual assault, or human trafficking order can be filed with a judge or clerk of the court in any district court.1 If the petition is being filed by an adult on behalf of the minor, the law clarifies that the petition has to be filed in the county where the stalking, sexual assault, or human trafficking occurred.2

You can find the forms online in our KS Download Court Forms page. You can also get the forms from the clerk of the court at your local district court.3 To find a list of courthouses in Kansas, see our KS Courthouse Locations page. Remember to bring some form of identification, such as a driver’s license, with you to the courthouse. You may also want to call the courthouse in advance (if you can) to see if there are certain times that petitions are presented to the judge.

1 Kan. Stat. § 60-31a04(a)
2 Kan. Stat. § 60-31a04(b)
3 Kan. Stat. § 60-31a04(d)

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When you fill out the necessary forms to get a protection from stalking, sexual assault, or human trafficking order, you will be known as the plaintiff and the abuser will be the defendant. You will need to include in the petition:

your name;
the name of the defendant;
the dates on which the stalking behavior, sexual assault, or human trafficking took place; and
the specific acts committed.1

Note: Your address and telephone number will not be shown to the defendant or to the public.2

Read the petition carefully and ask questions to the courthouse staff if you don’t understand something. Do not sign the forms until you have shown them to a court clerk since you may need to sign them in front of a notary or a clerk at the courthouse.

1 Kan. Stat. § 60-31a04(a)
2 Kan. Stat. § 60-31a04(f)

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Your petition will be given to the judge. If the judge believes there is “good cause” to do so, s/he can grant you an immediate ex parte temporary order. This order will stay in effect until the full hearing, which is usually within 21 days of filing the petition.1 Copies of the temporary order and the petition you filed will be given to you. Remember to keep a copy of the temporary order with you at all times.

The defendant will have to be formally served with the petition, the ex parte order, and the notice of the hearing by “personal service.”2 The clerk of court should be able to tell you how the defendant will have to be served and who can serve him/her.

1 Kan. Stat. § 60-31a05
2 Kan. Stat. § 60-31a05(e)

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Whether or not a judge granted you a temporary ex parte order when you filed your petition, a court date will usually be set for a hearing on your petition within 21 days of filing.1 At this hearing, both you and the abuser will have the chance to present evidence, testimony, and witnesses to prove your case to the judge. Then the judge will decide whether or not to give you a final order. It is very important that you attend the court hearing. If you do not go to the hearing, your temporary order will expire.

If the abuser does not show up for the hearing, the judge may enter a “default” order, granting you what you requested in your petition. The judge may also decide to postpone the date of the hearing in order to be able to hear testimony from the abuser. If the judge postpones the hearing, be sure to ask that your temporary order will be extended until the next hearing date.

1 Kan. Stat. § 60-31a05(a)

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Here are some steps that you may want to take before, and after, leaving the courthouse:

Review the order before you leave the courthouse. If you have any questions about it, be sure to ask the clerk or, if possible, the judge.
Make several copies of the order as soon as possible.
Keep a copy of the order with you at all times.
Leave copies of the order at your workplace, at your home, at your children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
Give a copy of the order to anyone who is named in and protected by the order.

The court will keep your address and telephone number confidential and they will not be shown to the defendant – they will only be shown to authorized court personnel or law enforcement officers.1

It’s best to also think about developing a “safety plan” for you and your family. See our Safety Tips page for tips on how to protect yourself. In addition, a local domestic violence or sexual assault organization may be able to help you design a safety plan that’s right for you. See our KS Advocates and Shelters page for a list of resources in your area.

1 Kan. Stat. § 60-31a04(f)

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If the defendant violates any part of the order, you can call the police and report the violation. S/he can be held in contempt1 by the judge and, depending on what s/he did to violate the order, s/he may also be charged with a crime.

Depending on which part of the order the defendant violates, s/he can be charged with whatever crime s/he commits (i.e., stalking, battery, criminal trespass, a sex offense, or human trafficking).2 In addition, violating a protection from stalking, sexual assault, or human trafficking order can be a class A person misdemeanor.

If your order was extended for at least two years due to the defendant violating the original order or due to the defendant being convicted of certain crimes against you, then a violation of the extended order can be a level 6, person felony.3

1 Kan. Stat. § 60-31a09
2 Kan. Stat. § 60-31a06(a)
3 Kan. Stat. § 21-5924(b)

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Changing an order
An order can be changed by a judge at any time if you or the defendant file a motion to modify the order.1

Extending an order
To extend your order, you must apply for the extension before the expiration of your one-year order. If you request it, a judge may extend your order by granting a renewal for one additional year.2 An order can be extended for at least two years and at most, for the lifetime of the defendant if you can prove:

the defendant violated a valid protection order, either the current order or a prior order; or
the defendant has been convicted of a “person felony” or any conspiracy, criminal solicitation, or attempt of a “person felony” against you or any member of your household.3

1 Kan. Stat. § 60-31a06(e)
2 Kan. Stat. § 60-31a06(b), (c)
3 Kan. Stat. § 60-31a06(d)

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A PFA is valid anywhere in the United States as long as:

It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
The court that issued the order had jurisdiction over the people and case. In other words, the court had the authority to hear the case.
The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary orders and emergency orders, the abuser must have received notice and have had an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)

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An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my PFA is valid under federal law?1

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone if that is an option offered by the court. However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

1 18 U.S.C. § 2265(b)(2)

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In general, the court that issued you your protection from abuse order may need to have an up-to-date address for you at all times, because they will communicate with you only by mail if, for example, if the abuser asks the court to dismiss or change your order in any way. If you will not be receiving mail at your old address, you may want to provide the court with a new address where you can receive mail.

If you provide your new address to the court, you can ask that they keep it confidential. However, your new address could possibly be released to court officials in your new state or law enforcement officials in either Kansas or your new state. If you feel unsafe giving your new address, you may use the address of a friend you trust or a P.O. box instead.

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Federal law does not require you to take any special steps to get your protection from abuse order (PFA) enforced in another state.

Many states do have laws or regulations about registering or filing of out-of-state orders, which can make enforcement easier, but a valid PFA is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

1 18 U.S.C. § 2265(d)(2)

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In some states, you will need a certified copy of your PFA. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In Kansas, a certified order has a stamped seal on it.

Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order.

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Whether you can move out of the state with your kids may depend on the exact wording of the custody provision in your PFA. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

To read more about custody, please see our Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for legal assistance organizations on our KS Finding a Lawyer page.

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Your protection order can be enforced in Kansas as long as:

It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
The court that issued the order had jurisdiction over the people and case. In other words, the court had the authority to hear the case.
The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary orders and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

In Kansas, presentation of a certified copy is not necessary for enforcement; it can be a written or electronically imaged copy.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)

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Generally, only the state that issued your out-of-state (“foreign”) protection order can change, extend, or cancel the order. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to change a restraining order, see the Restraining Orders page for the state where your order was issued.

If your order expires while you are living in Kansas, you may be able to get a new one in Kansas, but this may be difficult if no new incidents of abuse have occurred in the state. For more information on how to get a protective order in Kansas, visit our KS Protection from Abuse Orders page.

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As long as the child custody provision complies with certain federal laws,1 Kansas can enforce a temporary custody order that is a part of a protection order. However, before leaving the state that issued the order, you should talk to an attorney to make sure that moving out of your state would not violate any custodial interference laws or any court rules regarding moving out of state.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here KS Finding a Lawyer.

1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act

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You have the option, but are not required, to register a foreign protection order in Kansas. There is no fee to register the order.1 To register a foreign protection order in Kansas, you must present a certified copy of the order to the sheriff in the county where the protection order will be enforced. The sheriff will contact the courthouse where your order was issued to verify that the order is real and request that they enter the order if it has not already been entered into the National Crime Information Center (NCIC) Registry and other appropriate databases.2

If you need help registering your protection order, you can contact a local domestic violence organization in Kansas for assistance. You can find contact information for organizations in your area on our KS Advocates and Shelters page.

1 Kan. Stat. § 60-31b05(a), (b)
2 Kan. Stat. § 60-3112

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Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1 However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Safety Tips page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our KS Advocates and Shelters page.

How long does a no contact order last in Kansas?

A final order expires on the date set by the judge and can last for a period of up to one year, but can be extended under certain circumstances. See How can I change or extend my protection from stalking, sexual assault, or human trafficking order? for more information.

How do you get a no contact order in Kansas?

Where can I file for a protection from abuse order? You can file a protection from abuse order in any district court in the state. You can also file for a protection order online at the Kansas Protection Order Portal and they will email your petition to the district court clerk so you don't have to file it in person.

How do you get around a no contact order?

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court.