K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-31a05 (2026)

Hearing; temporary orders pending hearing

✓ current as of May 2026
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60-31a05. Hearing; temporary orders pending hearing. (a) Within 21 days of the filing of a petition under the protection from stalking, sexual assault or human trafficking act a hearing shall be held at which the plaintiff must prove the allegation of stalking, sexual assault or human trafficking by a preponderance of the evidence and the defendant shall have an opportunity 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 K.S.A. 60-31a06, and amendments thereto, or any combination thereof, as it deems necessary to protect the victim from being stalked, sexually assaulted or trafficked. Temporary orders may be granted ex parte on presentation of a verified petition by the victim supporting a prima facie case of stalking, sexual assault or human trafficking.

(c) If a hearing under subsection (a) is continued, the court may make or extend such temporary orders under subsection (b) as it deems necessary.

History: L. 2002, ch. 141, § 5; L. 2010, ch. 135, § 189; L. 2017, ch. 66, § 7; L. 2018, ch. 110, § 8; July 1.

Notes of Decisions
Cited in 22 cases (11 in the last 5 years), 2007–2026 · leading case: Holick v. Burkhart, 388 F. Supp. 3d 1370 (D. Kan. 2019).
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Holick v. Burkhart, 388 F. Supp. 3d 1370 (D. Kan. 2019). · cites it 6× “" K.S.A. § 60-31a05(a). Prior to such a hearing, temporary orders necessary to protect the victim may be granted ex parte on presentation of a verified petition supporting a prima facie case of stalking.”
Wentland v. Uhlarik, 159 P.3d 1035 (Kan. Ct. App. 2007). “K.S.A. 60-31a05. The district court’s ruling, and our analysis, turn upon a reading of K.”
Strydom, 25 I. & N. Dec. 507 (BIA 2011). “507 (BIA 2011) Interim Decision #3714 that orders the person to refrain from having any direct or indirect contact with another person; or (6) a protection from stalking order issued pursuant to K.S.A. 60-31a05 or 60-31a06, and amendments thereto.”
State v. Hendricks, 372 P.3d 437 (Kan. Ct. App. 2016). “60-3105, 60-3106, or 60-3107; protection-from-stalldng orders entered under K.S.A. 60-31a05 or 60-31a06; and temporaiy orders issued in divorce cases under K.”
State v. Sinzogan, 388 P.3d 176 (Kan. Ct. App. 2017). “Violation of a protective order is, in relevant part, knowingly violating “a protection from stalking order issued pursuant to K.S.A. 60-31a05 or 60-31a06, and amendments thereto.”
Kerry G. v. Stacy C., 411 P.3d 1227 (Kan. Ct. App. 2018). “60-3106(b) (temporary orders may be granted ex parte after filing of a verified petition); see also K.S.A. 2016 Supp. 60-31a05(b) (ex parte temporary orders after filing verified petition); K.”
State v. Smith, 452 P.3d 382 (Kan. Ct. App. 2019). “See K.S.A. 2018 Supp. 60-31a05(a); Elem v. Elem, No.”
R.W. v. C.M. (Kan. Ct. App. 2022). · cites it 19× “The statute governing temporary protection orders is K.S.A. 2020 Supp. 60-31a05. It provides: "(a) Within 21 days of the filing of a petition under the protection from stalking, sexual assault or human trafficking act a hearing shall be held at which the plaintiff must prove the…”
J.D.K. v. D.D.B. (Kan. Ct. App. 2023). · cites it 5× “" K.S.A. 2021 Supp. 60-31a05(a). But the Act does provide for a continuance of the final hearing.”
State v. Livengood (Kan. Ct. App. 2022). · cites it 3× “The complaint alleged that "on or about the 8th day of 2 December, 2018, in Riley County, Kansas, Mark Todd Livengood, did unlawfully and knowingly violate a protection from stalking order issued pursuant to K.S.A. 60-31a05 or 60-31a06, and amendments thereto, in Miami County…”
State v. Boese (Kan. Ct. App. 2025). · cites it 2× “Instead, she 7 received protection from stalking, sexual assault, or human trafficking orders under K.S.A. 60-31a05 and K.S.A. 60-31a06. Although the State alleges that Boese was sufficiently put on notice because he knew what type of protection order he violated, it…”
C.M. v. McKee (Kan. Ct. App. 2017). “See K.S.A. 2016 Supp. 60-31a05(a). Before we consider whether the evidence presented to the district court supported its finding that these elements were proven, we must determine what standard to apply in determining whether a reasonable person would have feared for his or her…”
Show all 22 citing cases →
— K.S.A. § 60-31a05(a) — 12 cases
Holick v. Burkhart, 388 F. Supp. 3d 1370 (D. Kan. 2019). “" K.S.A. § 60-31a05(a). Prior to such a hearing, temporary orders necessary to protect the victim may be granted ex parte on presentation of a verified petition supporting a prima facie case of stalking.”
State v. Smith, 452 P.3d 382 (Kan. Ct. App. 2019). “See K.S.A. 2018 Supp. 60-31a05(a); Elem v. Elem, No.”
R.W. v. C.M. (Kan. Ct. App. 2022). “The statute governing temporary protection orders is K.S.A. 2020 Supp. 60-31a05. It provides: "(a) Within 21 days of the filing of a petition under the protection from stalking, sexual assault or human trafficking act a hearing shall be held at which the plaintiff must prove the…”
J.D.K. v. D.D.B. (Kan. Ct. App. 2023). “" K.S.A. 2021 Supp. 60-31a05(a). But the Act does provide for a continuance of the final hearing.”
C.M. v. McKee (Kan. Ct. App. 2017). “See K.S.A. 2016 Supp. 60-31a05(a). Before we consider whether the evidence presented to the district court supported its finding that these elements were proven, we must determine what standard to apply in determining whether a reasonable person would have feared for his or her…”
— K.S.A. § 60-31a05(b) — 5 cases
Holick v. Burkhart, 388 F. Supp. 3d 1370 (D. Kan. 2019). “" K.S.A. § 60-31a05(a). Prior to such a hearing, temporary orders necessary to protect the victim may be granted ex parte on presentation of a verified petition supporting a prima facie case of stalking.”
Kerry G. v. Stacy C., 411 P.3d 1227 (Kan. Ct. App. 2018). “60-3106(b) (temporary orders may be granted ex parte after filing of a verified petition); see also K.S.A. 2016 Supp. 60-31a05(b) (ex parte temporary orders after filing verified petition); K.”
R.W. v. C.M. (Kan. Ct. App. 2022). “The statute governing temporary protection orders is K.S.A. 2020 Supp. 60-31a05. It provides: "(a) Within 21 days of the filing of a petition under the protection from stalking, sexual assault or human trafficking act a hearing shall be held at which the plaintiff must prove the…”
J.D.K. v. D.D.B. (Kan. Ct. App. 2023). “" K.S.A. 2021 Supp. 60-31a05(a). But the Act does provide for a continuance of the final hearing.”
C.J.W. v. D.S.M. (Kan. Ct. App. 2026).
— K.S.A. § 60-31a05(c) — 2 cases
Holick v. Burkhart, 388 F. Supp. 3d 1370 (D. Kan. 2019). “" K.S.A. § 60-31a05(a). Prior to such a hearing, temporary orders necessary to protect the victim may be granted ex parte on presentation of a verified petition supporting a prima facie case of stalking.”
J.D.K. v. D.D.B. (Kan. Ct. App. 2023). “" K.S.A. 2021 Supp. 60-31a05(a). But the Act does provide for a continuance of the final hearing.”
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