What you need to know about
Protection from Stalking Orders in Kansas

Developed by Kansas Coalition Against Sexual and Domestic Violence



WHAT IS A PROTECTION FROM STALKING ORDER?

A protection from stalking (PFS) order is a civil court order that is intended to protect a victim of stalking.

You do not have to have a prior or current personal relationship with the person you want restrained, but you do have to prove that the person is stalking you.

The Protection from Stalking Act (PFSA) contains three definitions that are important to consider if you want to file for a PFS order.

First, "stalking" is defined as the "intentional harassment of another person that places the other person in reasonable fear for that person's safety."

Second, "harassment" is a "knowing and intentional course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose."

Finally, stalking and harassment must include a "course of conduct" on the part of the stalker, consisting of two or more separate acts over a period of time, however short, showing a "continuity of purpose" that would cause a reasonable person to suffer substantial emotional distress.

These three definitions should be read together when considering whether you qualify for a PFS order.

HOW DO I APPLY FOR A PROTECTION FROM STALKING ORDER

You may get an application or petition form for a PFS order from the district court clerk's office located at your local courthouse.

The petition must be filed in the county where the stalking occurred.

There is no cost for getting a PFS order.

If you are a parent or an adult living with a child who is being stalked, you may apply for a PFS order for the minor.

At a minimum, the petition must include the following:

After filling out the petition, you must sign it in front of the court clerk so that your signature can be verified.

You may be asked to talk with a judge about why you think the protection order is necessary. In some jurisdictions, the clerk will present your petition to the judge and will let you know if it has been granted.

If the temporary order is granted, it will be good for up to 20 days. You will be given a date and time for the final hearing. Even if you are not granted a temporary order, you can still request a hearing.

It is important to remember that you must appear at the final hearing if you want the judge to consider keeping the protection order in place. If you do not want the order to continue, you should contact the court in writing to have the case dismissed.

At the final hearing, you will be asked to appear and provide evidence about why you need a PFS order. This evidence might include the dates and times that you were stalked, letters or notes that you received from the defendant, how the stalking behavior has made you feel, or any other evidence showing you were intentionally harassed and placed in fear for your personal safety.

The defendant will be given notice of the final hearing. If the defendant attends the hearing, he will also be allowed to present evidence.

At the end of the final hearing the judge will decide whether to grant your request for a protection from stalking order.

ARE YOU BEING STALKED?

WHAT CAN HAPPEN UNDER A PROTECTION FROM STALKING ORDER?

When you are granted a PFS order, the Court may order any or all of the following things:

  1. Restrain the defendant from following, harassing, telephoning, contacting or otherwise communicating with the victim.
  2. Restrain the defendant from abusing, molesting, or interfering with the privacy rights of the victim.
  3. Restrain the defendant from entering upon or in the victim's residence or the immediate vicinity thereof.
  4. Order or restrain any other acts deemed necessary by the court to protect the victim of stalking.

HOW LONG DOES THE FINAL PFS ORDER LAST?

The judge may issue a final PFS order that is good for up to a year. If you want to have the order extended for another year, before the order expires you must file a motion with the court asking for the extension and telling the court why you think there is a continuing need for the PFS order. The clerk of the district court will have the form you will need to file this motion.

WHAT ARE SOME OTHER THINGS I SHOULD KNOW?

Your PFS order is not enforceable until it has been served on the defendant. If the defendant violates the order before it is served, you can still call law enforcement. The law enforcement officer will not be able to arrest the defendant for violating the order, but they can still protect you and may arrest the defendant for other illegal conduct.

Your PFS order is only a piece of paper. It will not protect you if your stalker should decide to physically attack you. You should seriously consider having a safety plan for you and your children.

Advocates may be available to help you with the filing of your PFS petition, may be able to accompany you to court, can provide you with information about stalking, and can help you with safety planning. Call your local sexual assault or domestic violence program for assistance.

The Stalking Resource Center can also provide you with information on stalking. The web address is http://www.ncvc.org/src/ or you may call 1-800-FYI-CALL (394-2255).

ALWAYS KEEP YOUR COPY OF THE PFS ORDER WITH YOU!

IN AN EMERGENCY CALL 911!
YOU AND YOUR CHILDREN DESERVE TO BE SAFE.

KANSAS DOMESTIC and SEXUAL VIOLENCE HELPLINE NUMBERS

This table lists the Kansas sexual and domestic violence programs alphabetically by city, services provided, program names and their HOTLINE phone numbers.

CITY SERVICES KCSDV MEMBER PROGRAM CRISIS HOTLINE NUMBER
1. Atchison DV/SA DoVES 800-367-7075 or 913-367-0363
2. Dodge City DV/SA Crisis Center of Dodge City 620-225-6510
3. El Dorado DV/SA Family Life Center of Butler County 316-321-7104 or 800-870-6967
4. Emporia DV/SA SOS, Inc. 800-825-1295 or 620-342-1870
5. Garden City DV/SA Family Crisis Services 620-275-5911
6. Great Bend DV/SA Family Crisis Center 620-792-1885 or 866-792-1885
7. Hays DV/SA Northwest Kansas Domestic and Sexual Violence Services 800-794-4624 or 785-625-3055
8. Hutchinson DV/SA Sexual Assault/Domestic Violence Center 800-701-3630 or 620-663-2522
9. Iola DV/SA Hope Unlimited 620-365-7566
10. Kansas City, KS DV El Centro, Inc. ¡Si Se Puede! 913-281-1186
11. Kansas City, KS DV Friends of Yates Joyce Williams Center 913-321-0951
12. Kansas City, MO DV/SA KCAVP 816-561-0550
13. Kansas City, MO SA MOCSA 816-531-0233
14. Lawrence SA GaDuGi Safe Center 785-841-2345
15. Lawrence DV Women's Transitional Care Services 800-770-3030 or 785-843-3333
16. Leavenworth DV/SA Alliance Against Family Violence 800-644-1441 or 913-682-9131
17. Liberal DV/SA Liberal Area Rape Crisis and DV Services 620-624-8818
18. Manhattan DV/SA The Crisis Center, Inc. 800-727-2785 or 785-539-2785
19. Mayetta DV/SA Prairie Band Potawatomi Family Violence Prevention Program 866-966-0173 or 785-966-0173
20. Newton DV/SA Harvey County DV/SA Task Force 800-487-0510 or 316-283-0350
21. Overland Park DV/SA Safehome 888-432-9300 or 913-262-2868
22. Pittsburg DV/SA Crisis Resource Center of Southeast Kansas, Inc. 800-794-9148 or 620-231-8251
23. Salina DV/SA Domestic Violence Assoc. of Central Kansas 800-874-1499 or 785-827-5862
24. Topeka DV/SA YWCA Battered Women Task Force 888-822-2983 or 785-354-7927
25. Ulysses DV/SA DoVES of Grant County 620-356-2608
26. Wichita DV Catholic Charities Harbor House 316-263-6000
27. Wichita DV StepStone 316-265-1611
28. Wichita SA Wichita Area Sexual Assault Center 316-263-3002
29. Wichita DV YWCA Women's Crisis Center 316-267-7233
30. Winfield DV/SA Safe Homes, Inc. 800-794-7672 or 620-221-4357




This information is a summary of the Protection from Stalking Act. For more information on this law or for legal advice, you should seek the assistance of an attorney.



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