60-3105.
Emergency relief.
(a) When the court is unavailable, a verified petition, accompanied by a proposed order, may be presented to any judge of the district court. The judge may grant relief in accordance with K.S.A. 60-3107(a)(1), (2), (4) or (5), 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 subsection 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 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, including 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.
History:
L. 1979, ch. 92, § 5; L. 1980, ch. 177, § 4; L. 1986, ch. 115, § 97; L. 1987, ch. 228, § 4; L. 1996, ch. 208, § 7; L. 1998, ch. 94, § 3; L. 2018, ch. 110, § 3; July 1.
Notes of Decisions
Cited in
10
cases (
3 in the last 5 years), 1937–2025 · leading case:
State v. Kendall, 331 P.3d 763 (Kan. 2014).
State v. Kendall, 331 P.3d 763 (Kan. 2014).
· cites it 3× “21-3843(a)(1), which defines the crime of violating a protective order as “knowingly or intentionally violating: (1) A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 and 60-3107, and amendments thereto.”
Strydom, 25 I. & N. Dec. 507 (BIA 2011).
“The respondent was convicted of violating section 21-3843 of the Kansas Statutes Annotated,2 which provides, in pertinent part, as follows: (a) Violation of a protective order is knowingly or intentionally violating: (1) A protection from abuse order issued pursuant to K.S.A.…”
State v. Hendricks, 372 P.3d 437 (Kan. Ct. App. 2016).
“The statute makes it a crime to violate protection orders entered under several specifically fisted statutes, including protection-from-abuse orders *738 entered under K.S.A. 60-3105, 60-3106, or 60-3107; protection-from-stalldng orders entered under K.”
Kerry G. v. Stacy C., 411 P.3d 1227 (Kan. Ct. App. 2018).
“See K.S.A. 60-3105(a) (emergency order for relief may be granted ex parte after filing of a verified petition); K.”
State v. Branson, 167 P.3d 370 (Kan. Ct. App. 2007).
“The State charged Branson with violating “a protection from abuse order issued pursuant to K.S.A. 60-3105, K.S.A. 60-3106, [and] K.S.”
State High. Comm'n v. Phillips, 69 P.2d 12 (Kan. 1937).
· cites it 2× “” Section 60-3105, so far as here pertinent, reads: “An action may be dismissed without prejudice to a future action: First.”
Nauman v. Wormuth (D. Kan. 2024).
· cites it 4× “” Kan. Stat. Ann. § 60-3105 (a). Kansas law provides that “[i]mmediate and present danger of abuse to the plaintiff or minor child or children shall constitute good cause for the entry of the emergency order.”
State v. Boese (Kan. Ct. App. 2025).
· cites it 2× “never obtained a protection from abuse order under K.S.A. 60-3105, 60-3106, or 60-3107. Instead, she 7 received protection from stalking, sexual assault, or human trafficking orders under K.”
State v. Schierkolk (Kan. Ct. App. 2020).
“21- 5924(a)(1), the State had to establish that Schierkolk knowingly violated a protection- from-abuse order issued pursuant to K.S.A. 60-3105, 60-3106, or 60-3107. A person acts "knowingly" when that person is aware of the nature of such person's conduct or that the…”
State v. Morgan (Kan. Ct. App. 2024).
“21-5924(a) defines violations of a protective order: "(a) Violation of a protective order is knowingly violating: 14 (1) A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 or 60-3107, and amendments thereto; (2) a protective order issued by a court or…”
— K.S.A. § 60-3105(a) — 1 case
Kerry G. v. Stacy C., 411 P.3d 1227 (Kan. Ct. App. 2018).
“See K.S.A. 60-3105(a) (emergency order for relief may be granted ex parte after filing of a verified petition); K.”
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