Kansas Statutes 21-5924. Violation of a protective order; extended protective orders; penalties
Terms Used In Kansas Statutes 21-5924
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Violation of a protective order is knowingly violating:
(1) A protection from abuse order issued pursuant to Kan. Stat. Ann. § 60-3105, 60-3106 or 60-3107, and amendments thereto;
(2) a protective order issued by a court or tribunal of any state or Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265, and amendments thereto;
(3) a restraining order issued pursuant to Kan. Stat. Ann. 2023 Supp. 23-2707, 38-2243, 38-2244 or 38-2255, and amendments thereto, or Kan. Stat. Ann. § 60-1607, prior to its transfer;
(4) an order issued in this or any other state as a condition of pretrial release, diversion, probation, suspended sentence, postrelease supervision or at any other time during the criminal case that orders the person to refrain from having any direct or indirect contact with another person;
(5) an order issued in this or any other state as a condition of release after conviction or as a condition of a supersedeas bond pending disposition of an appeal, that orders the person to refrain from having any direct or indirect contact with another person; or
(6) a protection from stalking, sexual assault or human trafficking order issued pursuant to Kan. Stat. Ann. §§ 60-31a05 or 60-31a06, and amendments thereto.
(b) (1) Violation of a protective order is a class A person misdemeanor, except as provided in subsection (b)(2).
(2) Violation of an extended protective order as described in Kan. Stat. Ann. § 60-3107(e)(2), and amendments thereto, and Kan. Stat. Ann. § 60-31a06(d), and amendments thereto, is a severity level 6, person felony.
(c) No protective order, as set forth in this section, shall be construed to prohibit an attorney, or any person acting on such attorney’s behalf, who is representing the defendant in any civil or criminal proceeding, from contacting the protected party for a legitimate purpose within the scope of the civil or criminal proceeding. The attorney, or person acting on such attorney’s behalf, shall be identified in any such contact.
(d) As used in this section, “order” includes any order issued by a municipal or district court.