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60-3104. Commencement of proceedings; persons seeking relief on behalf of minor child; forms; no docket fee; confidentiality of certain matters, exceptions. (a) An intimate partner or household member may seek relief under the protection from abuse act by filing a verified petition with any judge of the district court or with the clerk of the court alleging abuse by another intimate partner or household member.

(b) The following persons may seek relief under the protection from abuse act on behalf of a minor child by filing a verified petition with any judge of the district court or with the clerk of the court alleging abuse by another intimate partner or household member: (1) A parent of the minor child; (2) an adult residing with the minor child; or (3) the child's court-appointed legal custodian or court-appointed legal guardian.

(c) The clerk of the court shall supply the forms for the petition and orders, which shall be prescribed by the judicial council.

(d) Service of process served under this section shall be by personal service and not by certified mail return receipt requested. No docket fee shall be required for proceedings under the protection from abuse act.

(e) If the court finds that the plaintiff's address or telephone number, or both, needs to remain confidential for the protection of the plaintiff, plaintiff's minor children or minor children residing with the plaintiff, such information shall not be disclosed to the public, but only to authorized court or law enforcement personnel and to the commission on judicial performance in the discharge of the commission's duties pursuant to article 32 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto.

History: L. 1979, ch. 92, § 4; L. 1980, ch. 177, § 3; L. 1983, ch. 201, § 3; L. 1986, ch. 115, § 96; L. 1987, ch. 228, § 3; L. 1990, ch. 202, § 25; L. 1996, ch. 208, § 6; L. 1998, ch. 94, § 2; L. 2002, ch. 142, § 2; L. 2008, ch. 145, § 11; L. 2012, ch. 138, § 3; L. 2018, ch. 110, § 2; July 1.

Revisor's Note:

Although section was included in 2012 House Bill No. 2613 during the 2012 session, there were no amendments to section in such bill.

Law Review and Bar Journal References:

"Service of Process by Certified Mail," Robert C. Casad, 59 J.K.B.A. No. 10, 25, 27 (1990).

"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).

"Dissolution of Non-Marital Relationships," Charles F. Harris, J.K.T.L.A. Vol. XXII, No. 2, 18 (1998).

"Summary of Revisions Made to Kansas Domestic Relations Laws by House Substitute for Senate Bill 150," Ronald W. Nelson, 69 J.K.B.A. No. 6, 19 (2000).

"2002 Legislative Wrap-Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

CASE ANNOTATIONS

1. Trial court ruling that father's conduct toward child did not constitute bodily injury upheld. Paida v. Leach, 260 K. 292, 296, 917 P.2d 1342 (1996).

2. Issue of when parental discipline constitutes child abuse considered. Barnett v. Barnett, 24 K.A.2d 342, 348, 945 P.2d 870 (1997).

3. Court has jurisdiction to hear a protection from abuse act claim where child resided with a nonparent adult at the time the adult filed claim and then the child moved out of the residence before a hearing. Baker v. McCormick, 52 K.A.2d 899, 906, 380 P.3d 706 (2016).


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