Kansas Statutes Annotated

K.S.A. § 20-1204a (2026)

Indirect contempt; procedure

✓ current as of May 2026

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20-1204a. Indirect contempt; procedure. (a) When an order in a civil action has been entered, the court that rendered the same may order a person alleged to be guilty of indirect contempt of such order to appear and show cause why such person should not be held in contempt if there is filed a motion requesting an order to appear and show cause which is accompanied by an affidavit specifically setting forth the facts constituting the alleged violation.

(b) Except as provided in subsection (e), the order to appear and show cause shall be served upon the party allegedly in contempt by the sheriff or some other person appointed by the court for such purpose. Such order shall state the time and place where the person is to appear and shall be accompanied by a copy of the affidavit provided for in subsection (a). The court shall hear the matter at the time specified in the order, and upon proper showing, may extend the time so as to give the accused a reasonable opportunity to purge oneself of the contempt. If the court determines that a person is guilty of contempt such person shall be punished as the court shall direct.

(c) If, after proper service of the order to appear and show cause, the person served shall not appear in court as ordered, or if the court finds at a hearing held on motion of a party to the civil action that the person allegedly in contempt is secreting oneself to avoid the process of the court, the court may issue a bench warrant commanding that the person be brought before the court to answer for contempt. When such person is brought before the court, the court shall proceed as provided in subsection (b). The court may make such orders concerning the release of the person pending the hearing as the court deems proper.

(d) The provisions of this section shall apply to both criminal and civil contempts, but in the case of a criminal contempt the court on its own motion may cause the motion and affidavit provided for in subsection (a) to be filed.

(e) In cases involving an alleged violation of a restraining order issued pursuant to subsection (a)(2) of K.S.A. 23-2707, and amendments thereto, if the affidavit filed pursuant to subsection (a) alleges physical abuse in violation of the court's order, the court immediately may issue a bench warrant and proceed as provided in subsection (c).

(f) If a person is found guilty of contempt in a child support enforcement proceeding, including an assignment of child support rights to the commissioner of juvenile justice and the evidence shows that the person is or may be authorized to practice a profession by a licensing body as defined in K.S.A. 74-146, and amendments thereto, the court, in addition to any other remedies, may order that a notice pursuant to subsection (a) of K.S.A. 74-147, and amendments thereto, be served on the licensing body. If the person found guilty of contempt as provided in this subsection is a licensed attorney, the court may file a complaint with the disciplinary administrator if the licensing agency is the Kansas supreme court, or the appropriate bar counsel's office if the licensee practices in another state.

(g) If a person is found guilty of contempt in a child support enforcement proceeding, including an assignment of child support rights to the commissioner of juvenile justice, in an amount equal to or greater than the amount of support payable for six months or the obligor has been ordered by the court to pay a sum certain each month toward the liquidation of the arrearages and the obligor has substantially failed to abide by that order, the court may restrict the obligor's driver's license. Such restriction may include, but not be limited to, driving to, from and during the course of such person's employment. The court may order the public office, as defined in K.S.A. 23-3102, and amendments thereto, to contact the division of vehicles of the department of revenue to restrict the obligor's driver's license as indicated in the court order until further order of the court.

(h) The court shall not recognize a motion to issue nor order in a civil or criminal action a contempt citation against any person who reports or publishes the information that a gag order has been issued by the court.

History: L. 1978, ch. 114, § 1; L. 1994, ch. 292, § 17; L. 1994, ch. 327, § 1; L. 1996, ch. 229, § 17; L. 1996, ch. 229, § 18; L. 2012, ch. 162, § 31; May 31.

Notes of Decisions

Cited in 39 cases (2 in the last 5 years), 1983–2021 · leading case: Pork Motel, Corp. v. Kansas Dep't of Health & Env't, 673 P.2d 1126 (Kan. 1983).

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Pork Motel, Corp. v. Kansas Dep't of Health & Env't, 673 P.2d 1126 (Kan. 1983). · cites it 6× “K.S.A. 20-1204a( a ) and ( b ) provides: "When an order in a civil action has been entered, the court that rendered the same may order a person alleged to be guilty of indirect contempt of such order to appear and show cause why such person should not be held in contempt if…”

Padron v. Lopez, 220 P.3d 345 (Kan. 2009). · cites it 4× “(failure to comply with the procedural requirements of K.S.A. 20-1204a is jurisdictional); Geiger-Schorr v.”

Gannon v. State, 368 P.3d 1024 (Kan. 2016). · cites it 2× “Accordingly, we conclude joinder of Estes and Clark in their official capacities was unnecessary because complete relief could be granted through the injunction statute.”

Elec. Realty Assocs., Inc. v. Gomez, 848 P.2d 458 (Kan. Ct. App. 1993). · cites it 15× “The district court ultimately found the defendants “guilty of indirect criminal contempt” under K.S.A. 20-1204a and assessed the defendants $34,618.”

State v. Jenkins, 950 P.2d 1338 (Kan. 1997). · cites it 6× “If we were to characterize Johnson’s alleged conduct as an indirect contempt, then K.S.A. 1996 Supp. 20-1204a would apply. “The procedure for holding a party in indirect contempt .”

Dozier v. Dozier, 850 P.2d 789 (Kan. 1993). · cites it 7× “In the case at bar, K.S.A. 20-1204a does not direct the sheriff to bring the defendant before a judge within the county in which he is arrested.”

In re Care & Treatment of Saiz, 492 P.3d 484 (Kan. Ct. App. 2021). · cites it 5× “A court may sanction the failure to comply with an order in a civil case through the indirect contempt of court procedure set out in K.S.A. 2020 Supp. 20-1204a. 3. A district court has the authority to impose sanctions, even in Sexually Violent Predator Act cases, for the…”

In re Interest of J.T.R., 271 P.3d 1262 (Kan. Ct. App. 2012). · cites it 6× “For all indirect contempt of court actions, K.S.A. 20-1204a sets out the procedure that must be followed.”

Alpha Med. Clinic v. Anderson, 128 P.3d 364 (Kan. 2006). · cites it 2× “The allegations here relate to what is known as indirect contempt, i.”

Comprehensive Health of Planned Parenthood v. Kline, 197 P.3d 370 (Kan. 2008). · cites it 2× “*401 That much being said, we do not at this time deem it advisable to institute a proceeding against Kline for indirect civil contempt under K.S.A. 20-1204a. He has not persuaded us that such an action will never be appropriate, particularly if additional or amplifying…”

Bond v. Albin, 28 P.3d 394 (Kan. Ct. App. 2000). · cites it 7× “He opines that procedural errors deprived him of due process. Statutory Procedure Albin claims the district court lacked jurisdiction to find him in contempt because it failed to comply with the mandatory provisions of K.”

State v. Delacruz, 411 P.3d 1207 (Kan. 2018). “3d 345 (2009) (failure to comply with procedural requirements of indirect contempt statute K.S.A. 20-1204a is jurisdictional). Harsch cited Jenkins , where this court discussed the compulsory statutory procedure for direct contempt: " K.”

Show all 39 citing cases →

— K.S.A. § 20-1204a(a) — 12 cases

State v. Jenkins, 950 P.2d 1338 (Kan. 1997). “If we were to characterize Johnson’s alleged conduct as an indirect contempt, then K.S.A. 1996 Supp. 20-1204a would apply. “The procedure for holding a party in indirect contempt .”

Pork Motel, Corp. v. Kansas Dep't of Health & Env't, 673 P.2d 1126 (Kan. 1983). “K.S.A. 20-1204a( a ) and ( b ) provides: "When an order in a civil action has been entered, the court that rendered the same may order a person alleged to be guilty of indirect contempt of such order to appear and show cause why such person should not be held in contempt if…”

Alpha Med. Clinic v. Anderson, 128 P.3d 364 (Kan. 2006). “The allegations here relate to what is known as indirect contempt, i.”

Jones v. Bordman, 759 P.2d 953 (Kan. 1988).

In re Interest of J.T.R., 271 P.3d 1262 (Kan. Ct. App. 2012). “For all indirect contempt of court actions, K.S.A. 20-1204a sets out the procedure that must be followed.”

— K.S.A. § 20-1204a(b) — 12 cases

Padron v. Lopez, 220 P.3d 345 (Kan. 2009). “(failure to comply with the procedural requirements of K.S.A. 20-1204a is jurisdictional); Geiger-Schorr v.”

In Re Marriage of Brotherton, 59 P.3d 1025 (Kan. Ct. App. 2002).

Byrd v. Kansas Dep't of Revenue, 221 P.3d 1168 (Kan. Ct. App. 2010).

Sramek v. Sramek, 840 P.2d 553 (Kan. Ct. App. 1992).

— K.S.A. § 20-1204a(c) — 4 cases

Dozier v. Dozier, 850 P.2d 789 (Kan. 1993). “In the case at bar, K.S.A. 20-1204a does not direct the sheriff to bring the defendant before a judge within the county in which he is arrested.”

Bond v. Albin, 28 P.3d 394 (Kan. Ct. App. 2000). “He opines that procedural errors deprived him of due process. Statutory Procedure Albin claims the district court lacked jurisdiction to find him in contempt because it failed to comply with the mandatory provisions of K.”

In re Interest of J.T.R., 271 P.3d 1262 (Kan. Ct. App. 2012). “For all indirect contempt of court actions, K.S.A. 20-1204a sets out the procedure that must be followed.”

In re Paternity of S.M.J. v. Ogle (Kan. Ct. App. 2017).

— K.S.A. § 20-1204a(d) — 3 cases

In re Interest of J.T.R., 271 P.3d 1262 (Kan. Ct. App. 2012). “For all indirect contempt of court actions, K.S.A. 20-1204a sets out the procedure that must be followed.”

Elec. Realty Assocs., Inc. v. Gomez, 848 P.2d 458 (Kan. Ct. App. 1993). “The district court ultimately found the defendants “guilty of indirect criminal contempt” under K.S.A. 20-1204a and assessed the defendants $34,618.”

State v. Trimmell (Kan. Ct. App. 2021).

— K.S.A. § 20-1204a(h) — 1 case

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