Increasing the time of initial orders and possible extensions under the protection from abuse act and the protection from stalking, sexual assault or human trafficking act.

Session of 2026
HOUSE BILL No. 2748
By Committee on Judiciary
Requested by Representatives Featherson and Neelly
2-6
AN ACT concerning civil actions; relating to the protection from abuse act
and the protection from stalking, sexual assault or human trafficking
act; increasing the time of initial orders and possible extensions;
amending K.S.A. 60-3107 and 60-31a06 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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
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.
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(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 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
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
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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
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 such residence or household.
(e) (1) 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 five years, except as provided
in paragraphs (1) and (2) and (3).
(1)(2) 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 five
years.
(2)(3) 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
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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.
(4) 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 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 an order issued pursuant to
subsection (a)(1), such violation 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. 2. K.S.A. 60-31a06 is hereby amended to read as follows: 60-
31a06. (a) The court may issue a protection from stalking, sexual assault or
human trafficking order granting any one or more of the following orders:
(1) Restraining the defendant from following, harassing, telephoning,
contacting or otherwise communicating with the victim. The order shall
contain a statement that, if the order is violated, the violation may
constitute stalking as defined in K.S.A. 21-5427, and amendments thereto,
and violation of a protective order as defined in K.S.A. 21-5924, and
amendments thereto.
(2) Restraining the defendant from abusing, molesting or interfering
with the privacy rights of the victim. The order shall contain a statement
that, if the order is violated, the violation may constitute stalking as
defined in K.S.A. 21-5427, and amendments thereto, 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, and violation of a protective order as
defined in K.S.A. 21-5924, and amendments thereto.
(3) Restraining the defendant from entering upon or in the victim's
residence or the immediate vicinity thereof. The order shall contain a
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statement that, if the order is violated, the 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.
(4) Restraining the defendant from committing or attempting to
commit a sexual assault upon the victim. The order shall contain a
statement that, if the order is violated, the violation shall constitute
violation of a protective order as defined in K.S.A. 21-5924, and
amendments thereto. The order shall also contain a statement that, if the
order is violated, the violation may constitute a sex offense under article
55 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, and the accused may be prosecuted, convicted of and punished for
such sex offense.
(5) Restraining the defendant from following, harassing, telephoning,
contacting, recruiting, harboring, transporting, or committing or attempting
to commit human trafficking upon the human trafficking victim, or
otherwise communicating with the human trafficking victim. The order
shall contain a statement that, if the order is violated, the violation shall
constitute violation of a protective order as defined in K.S.A. 21-5924, and
amendments thereto. The order shall also contain a statement that, if the
order is violated, the violation may constitute an offense under chapter 21
of the Kansas Statutes Annotated, and amendments thereto, and the
accused may be prosecuted, convicted of and punished for such offense.
(6) Any other order deemed necessary by the court to carry out the
provisions of this act.
(b) A protection from stalking, sexual assault or human trafficking
order 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 five years, except as provided in subsections (c) and (d).
(c) Upon motion of the plaintiff the court may extend the order for an
additional period of not less than one year and not more than three five
years.
(d) (1) 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
two additional years and up to a period of time not to exceed the lifetime
of the defendant, if the court determines by a preponderance of the
evidence that the defendant has:
(1)(A) Violated a valid protection order;
(2)(B) previously violated a valid protection order; or
(3)(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
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other jurisdiction which are substantially similar to such person felony,
committed against the plaintiff or any member of the plaintiff's household.
(2) No service fee shall be required for a motion filed pursuant to this
subsection.
(e) The court may amend its order at any time upon motion filed by
either party.
(f) The court shall assess costs against the defendant and may award
attorney fees to the victim in any case in which the court issues a
protection from stalking, sexual assault or human trafficking order
pursuant to this act. The court may award attorney fees to the defendant in
any case where the court finds that the petition to seek relief pursuant to
this act is without merit.
(g) A no contact or restraining provision in a protective order issued
pursuant 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 of any legal pleadings filed in court relating to civil or criminal
matters presently relevant to the plaintiff.
(h) For the purposes of this section, "harassing" or "interfering with
the privacy rights" includes, but is not limited to, utilizing any electronic
tracking system or acquiring tracking information to determine the
targeted person's location, movement or travel patterns.
Sec. 3. K.S.A. 60-3107 and 60-31a06 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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