Printable Format60-3102. Definitions. As used in the protection from abuse act:
(a) "Abuse" means the occurrence of one or more of the following acts between intimate partners or household members:
(1) Intentionally attempting to cause bodily injury, or intentionally or recklessly causing bodily injury.
(2) Intentionally placing, by physical threat, another in fear of imminent bodily injury.
(3) Engaging in any sexual contact or attempted sexual contact with another person without consent or when such person is incapable of giving consent.
(4) Engaging in any of the following acts with a minor under 16 years of age who is not the spouse of the offender:
(A) The act of sexual intercourse; or
(B) any lewd fondling or touching of the person of either the minor or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the minor or the offender, or both.
(b) "Intimate partners or household members" means persons who are or have been in a dating relationship, persons who reside together or who have formerly resided together or persons who have had a child in common.
(c) "Dating relationship" means a social relationship of a romantic nature. A dating relationship shall be presumed if a plaintiff verifies, pursuant to K.S.A. 53-601, and amendments thereto, that such relationship exists. In addition to any other factors the court deems relevant, the court shall consider the following factors in making a determination of whether a relationship exists or existed include:
(1) Nature of the relationship;
(2) length of time the relationship existed;
(3) frequency of interaction between the parties; and
(4) time since termination of the relationship, if applicable.
History: L. 1979, ch. 92, § 2; L. 1980, ch. 177, § 1; L. 1983, ch. 201, § 1; L. 1987, ch. 228, § 2; L. 1994, ch. 335, § 8; L. 1998, ch. 94, § 1; L. 2002, ch. 142, § 1; L. 2017, ch. 66, § 2; July 1.
Law Review and Bar Journal References:
"Family Law: Under the Kansas Protection from Abuse Act, Petitioner for Protective Order Alleging Injury from Wanton Conduct Must Prove Substantial Pain or Impairment [Paida v. Leach, 917 P.2d 1342 (Kan. 1996)]," Brenda Clary, 36 W.L.J. 290 (1997).
"2002 Legislative Wrap-Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).
"Ex Parte Domestic Violence Orders of Protection: How Easing Access to Judicial Process Has Eased the Possibility for Abuse of the Process," David H. Taylor, Maria V. Stoikov and Daniel J. Greco, 18 Kan. J.L. & Pub. Pol'y, No. 1, 83 (2008).
"Ending Intimate Partner Homicide: A Call for Reform of Kansas Protective Order Statutes," Abigail Hall, 63 K.L.R. No. 5, 1087 (2015).
Attorney General's Opinions:
Protection from abuse act; "abuse" defined. 91-74.
CASE ANNOTATIONS
1. Trial court ruling that father's conduct toward child did not constitute bodily injury upheld. Paida v. Leach, 260 Kan. 292, 297, 917 P.2d 1342 (1996).
2. Issue of when parental discipline constitutes child abuse considered. Barnett v. Barnett, 24 Kan. App. 2d 342, 348, 350, 351, 945 P.2d 870 (1997).
3. Attempted abuse of spouse is sufficient to support court's issuance of protection of abuse order, no requirement to show substantial pain nor timing of action as recent. Trolinger v. Trolinger, 30 Kan. App. 2d 192, 42 P.3d 157 (2001).