60-31a05. Hearing; temporary orders pending hearing. - Kansas Statutes

60-31a05

Chapter 60.--PROCEDURE, CIVIL Article 31a.--PROTECTION FROM STALKING ACT

      60-31a05.   Hearing; temporary orders pendinghearing.(a) Within 20 days of the filing of a petition under theprotection from stalking acta hearing shall be held at which the plaintiff must prove the allegation ofstalking by a preponderance of the evidence and the defendant shall have anopportunity to present evidence on the defendant's behalf. Upon the filing ofthe petition, the court shall set the case for hearing. At the hearing, thecourt 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 causeshown,the court on motion of a party may enter such temporary relief orders inaccordance withK.S.A. 60-31a06 and amendments thereto, or anycombination thereof,as it deems necessary to protect the victim from beingstalked. Temporary orders may be granted ex parteonpresentation of a verified petition by the victim supporting a primafacie case of stalking.

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

      History:   L. 2002, ch. 141, § 5; July 1.