20-1204a.   Indirect contempts; procedure.(a) When an order in a civil action has been entered, the court that renderedthe same may order a person alleged to be guilty of indirect contempt ofsuch order to appear and show cause why such person should not be held incontempt if there is filed a motion requesting an order to appear and showcause which is accompanied by an affidavit specifically setting forth thefacts constituting the alleged violation.

      (b)   Except as provided in subsection (e), the order to appear and showcause shall be served upon the party allegedly in contempt by the sheriffor some other person appointed by the court for such purpose. Such ordershall state the time and place where the person is to appear and shall beaccompanied by a copy of the affidavit provided for in subsection (a). Thecourt shall hear the matter at the time specified in the order, and uponproper showing, may extend the time so as to give the accused a reasonableopportunity to purge oneself of the contempt. If thecourt determinesthat a person is guilty of contempt such person shall be punished as thecourt shall direct.

      (c)   If, after proper service of the order to appear and show cause, theperson served shall not appear in court as ordered, or if the court findsat a hearing held on motion of a party to the civil action that the personallegedly in contempt is secreting oneself to avoidthe processof the court, the court may issue a bench warrant commanding that the personbe brought before the court to answer for contempt. When such person isbrought before the court, the court shall proceed as provided in subsection(b). The court may make such orders concerning the release of the personpending the hearing as the court deems proper.

      (d)   The provisions of this section shall apply to both criminal and civilcontempts, but in the case of a criminal contempt the court on its own motionmay cause the motion and affidavit provided for in subsection (a) to be filed.

      (e)   In cases involving an alleged violation of a restraining order issuedpursuant to paragraph (2) of subsection (a) of K.S.A. 60-1607,and amendments thereto, if the affidavit filed pursuant to subsection(a) alleges physical abuse inviolation of the court's order, the court immediately may issue a benchwarrant and proceed as provided in subsection (c).

      (f)   If a person is found guilty of contempt in a child support enforcementproceeding, including an assignment of child support rights to the commissionerof juvenile justiceand the evidence shows that the personis or may be authorized topractice a profession by a licensing body asdefined in K.S.A. 74-146 and amendments thereto, thecourt, in addition to any other remedies, mayorder that a notice pursuant tosubsection (a) of K.S.A. 74-147 andamendments thereto be served on the licensingbody. If the personfound guilty of contempt as provided in this subsection is a licensedattorney, the court may file a complaint with the disciplinary administrator ifthe licensing agency is the Kansas supreme court, or the appropriate barcounsel's office if the licensee practices in another state.

      (g)   If a person is found guilty of contempt in a childsupportenforcement proceeding, including an assignment of child support rights to thecommissioner of juvenilejustice, in an amount equal to orgreater than the amount of support payable for six months or the obligor hasbeen ordered by the court to pay a sum certain each month toward theliquidation of the arrearages and the obligor has substantially failed to abideby that order, the court may restrict the obligor's driver's license. Suchrestriction may include, but not be limited to, driving to, from and during thecourse of such person's employment. The court may order the public office, asdefined in K.S.A. 23-4,106, and amendments thereto, to contact the division ofvehicles of the department of revenue to restrict the obligor's driver'slicense as indicated in the court order until further order of the court.

      (h)   The court shall not recognize a motion to issue nor order ina civilor criminal action a contempt citation against any person who reports orpublishes the information that a gag order has been issued by the court.

      History:   L. 1978, ch. 114, § 1;L. 1994, ch. 292, § 17; L. 1994, ch. 327, § 1;L. 1996, ch. 229, § 17;L. 1996, ch. 229, § 18; July 1, 1997.