60-3106.Hearings; temporary orders pending hearing,modification.(a) Within 20 days of the filing of a petition under this act ahearing shall be held at which the plaintiff must prove the allegationof abuse by a preponderance of the evidence and the defendant shall havean opportunity to present evidence on the defendant's behalf. Upon the filingof thepetition, the court shall set the case for hearing. At thehearing, the court shall advise the parties of the right to be representedby counsel.
(b) Prior to the hearing on the petition and upon a finding of goodcause shown, the court on motion of a party may enter such temporaryrelief orders in accordance withsubsection (a)(1), (2), (4) or (5) of K.S.A. 60-3107 and amendments thereto, oranycombination thereof,as it deems necessary to protect the plaintiff or minor children fromabuse. Temporary orders may be granted ex parte.Immediate and present danger of abuse to the plaintiff or minor childrenshall constitute good cause for purposes of this section. No temporary ordershall have the effect of modifying an existing order granting legalcustody, residency, visitation orparenting timeunless there is sworn testimony at a hearing to support a showingof goodcause.
(c) If a hearing under subsection (a) is continued,the court maymake or extend such temporary orders under subsection (b) as it deemsnecessary.
History: L. 1979, ch. 92, § 6; L. 1980, ch. 177, § 5;L. 1987, ch. 228, § 5;L. 1998, ch. 94, § 4;L. 2000, ch. 171, § 23; July 1.
60-3106.Hearings; temporary orders pending hearing,modification.(a) Within 20 days of the filing of a petition under this act ahearing shall be held at which the plaintiff must prove the allegationof abuse by a preponderance of the evidence and the defendant shall havean opportunity to present evidence on the defendant's behalf. Upon the filingof thepetition, the court shall set the case for hearing. At thehearing, the court shall advise the parties of the right to be representedby counsel.
(b) Prior to the hearing on the petition and upon a finding of goodcause shown, the court on motion of a party may enter such temporaryrelief orders in accordance withsubsection (a)(1), (2), (4) or (5) of K.S.A. 60-3107 and amendments thereto, oranycombination thereof,as it deems necessary to protect the plaintiff or minor children fromabuse. Temporary orders may be granted ex parte.Immediate and present danger of abuse to the plaintiff or minor childrenshall constitute good cause for purposes of this section. No temporary ordershall have the effect of modifying an existing order granting legalcustody, residency, visitation orparenting timeunless there is sworn testimony at a hearing to support a showingof goodcause.
(c) If a hearing under subsection (a) is continued,the court maymake or extend such temporary orders under subsection (b) as it deemsnecessary.
History: L. 1979, ch. 92, § 6; L. 1980, ch. 177, § 5;L. 1987, ch. 228, § 5;L. 1998, ch. 94, § 4;L. 2000, ch. 171, § 23; July 1.
60-3106.Hearings; temporary orders pending hearing,modification.(a) Within 20 days of the filing of a petition under this act ahearing shall be held at which the plaintiff must prove the allegationof abuse by a preponderance of the evidence and the defendant shall havean opportunity to present evidence on the defendant's behalf. Upon the filingof thepetition, the court shall set the case for hearing. At thehearing, the court shall advise the parties of the right to be representedby counsel.
(b) Prior to the hearing on the petition and upon a finding of goodcause shown, the court on motion of a party may enter such temporaryrelief orders in accordance withsubsection (a)(1), (2), (4) or (5) of K.S.A. 60-3107 and amendments thereto, oranycombination thereof,as it deems necessary to protect the plaintiff or minor children fromabuse. Temporary orders may be granted ex parte.Immediate and present danger of abuse to the plaintiff or minor childrenshall constitute good cause for purposes of this section. No temporary ordershall have the effect of modifying an existing order granting legalcustody, residency, visitation orparenting timeunless there is sworn testimony at a hearing to support a showingof goodcause.
(c) If a hearing under subsection (a) is continued,the court maymake or extend such temporary orders under subsection (b) as it deemsnecessary.
History: L. 1979, ch. 92, § 6; L. 1980, ch. 177, § 5;L. 1987, ch. 228, § 5;L. 1998, ch. 94, § 4;L. 2000, ch. 171, § 23; July 1.
