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Session of 2026
HOUSE BILL No. 2707
By Representatives Oropeza, Alcala, Amyx, Ballard, Boatman, Bohi, Brownlee
Paige, Carlin, Carmichael, Carr, Curtis, Featherston, Haskins, Hoye, Martinez,
McDonald, Melton, Meyer, Mosley, Neighbor, Ohaebosim, Poskin, L. Ruiz, S.
Ruiz, Sawyer, Sawyer Clayton, Schlingensiepen, Schreiber, Simmons, Stogsdill,
Vaughn, Wikle, Woodard and Xu
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AN ACT concerning the protection from abuse act; modifying the
definition of abuse to include certain acts or threats related to pets;
specifying that courts may include orders relating to pets in protection
orders; amending K.S.A. 60-3102, 60-3106 and 60-3107 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 60-3102 is hereby amended to read as follows: 60-
3102. As used in the protection from abuse act:
(a) "Abuse" means the occurrence of one or more of the following
acts between intimate partners or household members:
(1) Intentionally attempting to cause bodily injury, or intentionally or
recklessly causing bodily injury.
(2) Intentionally placing, by physical threat, another person in fear of
imminent bodily injury.
(3) Intentionally or knowingly causing, attempting to cause or
threatening to cause physical injury to a pet with the intent to control,
punish, intimidate or distress another person.
(4) Engaging in any sexual contact or attempted sexual contact with
another person without consent or when such person is incapable of giving
consent.
(4)(5) Engaging in any of the following acts with a minor under 16
years of age who is not the spouse of the offender:
(A) The act of sexual intercourse; or
(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,
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pursuant 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.
(d) "Pet" means a dog, cat or other animal that is domesticated and
kept for pleasure rather than utility.
Sec. 2. K.S.A. 60-3106 is hereby amended to read as follows: 60-
3106. (a) Within 21 days of the filing of a petition under this act a hearing
shall be held at which the plaintiff must prove the allegation of abuse by a
preponderance of the evidence and the defendant shall have an opportunity
to cross-examine the petitioner's witnesses and present evidence on the
defendant's behalf. Upon the filing of the petition, the court shall set the
case for hearing and 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 subsection (a)(1), (2), (4) or (5) of K.S.A.
60-3107(a)(1), (2), (4), (5), (10) or (11) , and amendments thereto, or any
combination thereof, as it deems necessary to protect the plaintiff or minor
children from abuse. Temporary orders may be granted ex parte.
Immediate and present danger of abuse to the plaintiff or minor children
shall constitute good cause for purposes of this section. No temporary
order shall have the effect of modifying an existing order granting legal
custody, residency, visitation or parenting time unless there is sworn
testimony at a hearing to support a showing of good cause.
(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.
Sec. 3. K.S.A. 60-3107 is hereby amended to read as follows: 60-
3107. (a) The court 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 defendant from abusing, molesting or interfering
with the privacy or rights of the plaintiff or of any minor children of the
parties, including, but not limited to, utilizing any electronic tracking
system or acquiring tracking information to determine the other person's
location, movement or travel patterns. Such order shall contain a statement
that if such order is violated, such violation may constitute assault as
defined in K.S.A. 21-5412(a), and amendments thereto, battery as defined
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in K.S.A. 21-5413(a), and amendments thereto, domestic battery as
defined in K.S.A. 21-5414, and amendments thereto, and violation of a
protective order as defined in K.S.A. 21-5924, and amendments thereto.
(2) Granting possession of the residence or household to the plaintiff
to the exclusion of the defendant, and further restraining the defendant
from entering or remaining upon or in such residence or household,
subject to the limitation of subsection (d). Such order shall contain a
statement that if such order is violated, such violation shall constitute
criminal trespass as defined in K.S.A. 21-5808(a)(1)(C), and amendments
thereto, and violation of a protective order as defined in K.S.A. 21-5924,
and amendments thereto. The court may grant an order, which shall expire
60 days following the date of issuance, restraining the defendant from
cancelling utility service to the residence or household.
(3) Requiring defendant to provide suitable, alternate housing for the
plaintiff and any minor children of the parties.
(4) Awarding temporary custody and residency and establishing
temporary parenting time with regard to minor children.
(5) Ordering a law enforcement officer to evict 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 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
possession of that property, if necessary.
(9) Requiring any person against whom an order is issued to seek
counseling to aid in the cessation of abuse.
(10) Ordering that the plaintiff will have custody and control of any
pet owned, possessed, leased, kept or held by the plaintiff, the defendant or
any family or household member residing in the household of the plaintiff
or defendant.
(11) Restraining the defendant from coming into contact with,
harming or killing any pet owned, possessed, leased, kept or held by the
plaintiff, the defendant or any family or household member residing in the
household of the plaintiff or defendant.
(12) Ordering or restraining any other acts deemed necessary to
promote the safety of the plaintiff or of any minor children of the parties.
(b) No protection from abuse order shall be entered against the
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plaintiff 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 K.S.A. 60-3104(d), 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 primarily
as aggressors and neither party acted primarily in self-defense.
(c) (1) Any order entered under the protection from abuse act shall
not be modified by a subsequent ex parte or temporary order issued in any
action, except as provided in paragraph (4).
(2) (A) Any order entered under the protection from abuse act may be
modified by a subsequent final order pursuant to a hearing or an agreement
of the parties issued in any action, except as provided in paragraph (4).
(B) Any inconsistent order entered pursuant to this subsection shall
be specific in its terms and reference the protection from abuse order and
parts of the order being modified. A copy of the order shall be filed in both
actions.
(C) The court shall consider whether the actions should be
consolidated in accordance with K.S.A. 60-242, and amendments thereto.
(3) (A) On sworn testimony to support a showing of good cause and
as authorized by K.S.A. 23-3201 through 23-3207 and 23-3218, and
amendments thereto, orders issued under the protection from abuse act
may modify orders regarding legal custody, residency and parenting time
previously issued in an action for:
(i) The determination of parentage filed pursuant to article 22 of
chapter 23 of the Kansas Statutes Annotated, and amendments thereto, or
K.S.A. 38-1101 et seq. prior to their transfer or repeal; or
(ii) divorce, separate maintenance or annulment filed pursuant to
article 27 of chapter 23 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 60-1601 et seq., prior to their transfer or repeal.
(B) On sworn testimony to support a showing of good cause, orders
issued under the protection from abuse act may modify interlocutory
orders issued pursuant to K.S.A. 23-2707, and amendments thereto.
(C) For purposes of this paragraph, immediate and present danger of
abuse to the plaintiff or minor children shall constitute good cause.
(4) (A) Any legal custody or parenting time order, or order relating to
the best interests of a child, issued pursuant to the revised Kansas code for
care of children or the revised Kansas juvenile justice code, shall be
binding and shall take precedence over any such custody or parenting
order involving the same child issued under the protection from abuse act,
until jurisdiction under the revised Kansas code for care of children or the
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revised Kansas juvenile justice code is terminated.
(B) Any inconsistent legal custody or parenting order issued in the
revised Kansas code for care of children case or the revised Kansas
juvenile justice code case shall be specific in its terms, reference any
preexisting protection from abuse order and the custody being modified,
and a copy of such order shall be filed in the preexisting protection from
abuse case.
(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 household,
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.
(e) Subject to the provisions of subsections (b), (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 less than one year and not more than two years, except as provided in
paragraphs (1) and (2).
(1) Upon motion of the plaintiff, such period may be extended for an
additional period of not less than one year and not more than three years.
(2) Upon verified motion of the plaintiff and after the defendant has
been personally served with a copy of the motion and has had an
opportunity to present evidence and cross-examine witnesses at a hearing
on the motion, the court shall extend a protective order for not less than
one additional year and may extend the protective order up to the lifetime
of the defendant if the court determines by a preponderance of the
evidence that the defendant has: (A) Violated a valid protection order; (B)
previously violated a valid protection order; or (C) been convicted of a
person felony or any conspiracy, criminal solicitation or attempt thereof,
under the laws of Kansas or the laws of any other jurisdiction which are
substantially similar to such person felony, committed against the plaintiff
or any member of the plaintiff's household. No service fee shall be
required for a motion filed pursuant to this subsection.
(f) The court may amend its order or agreement at any time upon
motion filed by either party.
(g) No order or agreement under the protection from abuse act shall
in any manner affect title to any real property.
(h) If a person enters or remains on premises or property violating in
violation of an order issued pursuant to subsection (a)(2), such violation
shall constitute criminal trespass as defined in K.S.A. 21-5808(a)(1)(C),
and amendments thereto, and violation of a protective order as defined in
K.S.A. 21-5924, and amendments thereto. If a person abuses, molests or
interferes with the privacy or rights of another violating person in
violation of an order issued pursuant to subsection (a)(1), such violation
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may constitute assault as defined in K.S.A. 21-5412(a), and amendments
thereto, battery as defined in K.S.A. 21-5413(a), and amendments thereto,
domestic battery as defined in K.S.A. 21-5414, and amendments thereto,
and violation of a protective order as defined in K.S.A. 21-5924, and
amendments thereto.
Sec. 4. K.S.A. 60-3102, 60-3106 and 60-3107 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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