Providing precedence of child-related orders issued under the protection from abuse act.

SENATE BILL No. 135
AN ACT concerning certain protection orders; relating to the protection from abuse act;
providing precedence of child-related orders issued under the protection from abuse
act; amending K.S.A. 2024 Supp. 60-3107 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 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.
(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
SENATE BILL No. 135—page 2
(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 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.,
prior to their transfer or repeal, or article 22 or 27 of chapter 23 of the
Kansas Statutes Annotated, and amendments thereto, 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., prior to their transfer or
repeal, or article 22 or 27 of chapter 23 of the Kansas Statutes
Annotated, and amendments thereto, 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. 23-3201 through 23-3207 and 23-
3218 and article 27 of chapter 23 of the Kansas Statutes Annotated, 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. 23-3201 through 23-3207 or 23-3218 or article 22 or 27 of
chapter 23 of the Kansas Statutes Annotated, 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. 23-3201 through 23-3207
and 23-3218 and articles 22 and 27 of chapter 23 of the Kansas Statutes
Annotated, and amendments thereto, that are inconsistent with orders
entered under the protection from abuse act 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 thereof of the order being modified and. A copy thereof
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
SENATE BILL No. 135—page 3
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.
(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 subsections (e)(1) and (e)(2) 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
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. 2024 Supp. 60-3107 is hereby repealed.
SENATE BILL No. 135—page 4
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE concurred in
HOUSE amendments _______________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.

Passed the HOUSE
as amended _________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.