CHAPTER 94 SENATE BILL No. 67
      An Act concerning the protection from abuse act; relating to definitions; confidentiality;
      orders; amending K.S.A. 60-3102 and 60-3106 and K.S.A. 1997 Supp. 60-3104, 60-3105
      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 this act, ``abuse'' means the occurrence of one or
more of the following acts between persons who reside together, or who
formerly resided together or who have or has had a child in common:

(a) Willfully Intentionally attempting to cause bodily injury, or will-
fully or wantonly intentionally or recklessly causing bodily injury.

(b) Willfully Intentionally placing, by physical threat, another in fear
of imminent bodily injury.

(c) Engaging in any of the following acts with a minor under 16 years
of age who is not the spouse of the offender:

(1) The act of sexual intercourse.; or

(2) 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.

Sec. 2. K.S.A. 1997 Supp. 60-3104 is hereby amended to read as
follows: 60-3104. (a) A person 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
or, formerly resided or has or has had a child in common.

(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 or, formerly re-
sided or has or has had a child in common.

(c) The clerk of the court shall supply the forms for the petition and
orders, which shall be prescribed by the supreme court.

(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. 1997 Supp. 60-3105 is hereby amended to read as
follows: 60-3105. (a) When the court is unavailable, a verified petition,
accompanied by a proposed order, may be presented to any district judge.
The judge may grant relief in accordance with subsection (a)(1), (2), (4)
or (5) of K.S.A. 60-3107 and amendments thereto, or any combination
thereof, if the judge deems it necessary to protect the plaintiff or minor
child or children from abuse. An emergency order pursuant to this sub-
section may be granted ex parte. Immediate and present danger of abuse
to the plaintiff or minor child or children shall constitute good cause for
the entry of the emergency order.

(b) An emergency order issued under subsection (a) shall expire when
the court is available or within 72 hours, whichever occurs first on 5:00
p.m. on the first day when the court resumes court business. At that time,
the plaintiff may seek a temporary order from the court.

(c) The judge shall note on the petition and any order granted, in-
cluding any documentation in support thereof, the filing date, together
with the judge's signature, and shall deliver them to the clerk of the court
on the next day of the resumption of business of the court.

Sec. 4. K.S.A. 60-3106 is hereby amended to read as follows: 60-
3106. (a) Within 20 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 oppor-
tunity to present evidence on the defendant's behalf. Upon the filing of
the petition, the court shall set the case for hearing. At the hearing, the
court shall 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 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 dan-
ger 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 custody, residency or visitation order 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 nec-
essary.

Sec. 5. K.S.A. 1997 Supp. 60-3107 is hereby amended to read as
follows: 60-3107. (a) The court shall be empowered to approve any con-
sent 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 from abusing, molesting or interfering
with the privacy or rights of each other 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 amend-
ments thereto, and violation of a protective order as provided in K.S.A.
1996 1997 Supp. 21-3843, and amendments thereto.

(2) Granting possession of the residence or household to a party to
the exclusion of the other party, and further restraining the party not
granted possession from entering or remaining upon or in such residence
or household, subject to the limitation of subsection (c). 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. 1996 1997 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 from can-
celling utility service to the residence or household.

(3) Requiring a party to provide suitable, alternate housing for such
party's spouse and any minor children of the parties.

(4) Awarding temporary custody and residency and establishing tem-
porary visitation rights with regard to minor children.

(5) Ordering a law enforcement officer to evict a party from the res-
idence or household.

(6) Ordering support payments by a party for the support of a party's
minor child or a party's spouse. 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 to seek
counseling to aid in the cessation of abuse.

(b) If, within the period that an order of support issued pursuant to
subsection (a)(6) is in existence, a party files a petition for divorce, sep-
arate maintenance or annulment and an application for temporary sup-
port pursuant to K.S.A. 60-1601 et seq., and amendments thereto, the
order of support shall continue in effect until an order is issued on the
application for temporary support or until such earlier time as ordered
by the court on motion of either party at any time for good cause shown.
If a party has previously commenced an action for divorce, separate main-
tenance or annulment prior to commencement of an action under the
protection from abuse act, the court may enter, pursuant to the protection
from abuse act, an order inconsistent with the order previously entered
in the divorce, separate maintenance or annulment proceeding. If an in-
consistent order is entered pursuant to the protection from abuse act, the
order previously entered in the other proceeding shall be vacated upon
motion in the proceeding pursuant to the protection from abuse act. 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. and amendments
thereto. Orders previously issued in an action filed pursuant to K.S.A. 60-
1601 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. and amendments thereto, during the pendency of a proceed-
ing 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 en-
tered under the protection from abuse act. Any inconsistent order entered
pursuant to this subsection shall be specific 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) 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.

(d) Subject to the provisions of subsections (b) and (c), 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) The court may amend its order or agreement at any time upon
motion filed by either party.

(f) No order or agreement under the protection from abuse act shall
in any manner affect title to any real property.

(g) 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. 1996 1997 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 consti-
tute assault as provided in K.S.A. 21-3408, and amendments thereto, bat-
tery as provided in K.S.A. 21-3412, and amendments thereto, and viola-
tion of a protective order as provided in K.S.A. 1996 1997 Supp. 21-3843,
and amendments thereto.

Sec. 6. K.S.A. 60-3102 and 60-3106 and K.S.A. 1997 Supp. 60-3104,
60-3105 and 60-3107 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 9, 1998

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