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Protective Order Violation

As criminal defense lawyers, we have seen several people fall into the protective order quandary. When a protective order is issued, the person against whom the protective order was issued, cannot have any contact with the alleged victim. Oftentimes, the purported victim tries to contact the other person. Don't fall into this trap. If there is a protective order against you, do not assume its ok to have contact because the other person now wants contact. It should be resolved in court. Violating a protective order can result in up to one year in jail. Speak with experienced attorneys if there are protective orders against you which need to be resolved.

K.S.A. § 21-3843

Chapter 21.--CRIMES AND PUNISHMENTS

PART II.--PROHIBITED CONDUCT

Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

Kansas Statutes Annotated 21-3843. Violation of a protective order. (a) Violation of a protective order is 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;

(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 K.S.A. 2007 Supp. 38-2243, 38-2244 and 38-2255 and K.S.A. 60-1607, and amendments thereto;

(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 order issued pursuant to K.S.A. 60-31a05 or 60-31a06, and amendments thereto.

(b) As used in this section, "order" includes any order issued by a municipal or district court.

(c) Violation of a protective order is a class A person misdemeanor.

(d) This section shall be part of and supplemental to the Kansas criminal code.

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