Questions and Answers about Protection Orders in Johnson County, with Video Tutorials

What is a protection from abuse order and how does it work?

Life can feel uncertain when you or a loved one is facing abuse, but there are legal tools available to provide protection. One such tool is a Protection from Abuse Order, or PFA. This legal document is designed to offer immediate safety and help individuals regain a sense of control. You can file a PFA for yourself, for your minor children, or even on behalf of a child in your care. For example, a parent, guardian, or even a legal custodian can act to protect a child from harm. To qualify for a PFA, you must meet specific criteria, such as being an intimate partner or household relationship with the defendant and the subject of abuse by that person. This includes current or former partners, people who live together, or those who share a child. If you're unsure about your eligibility or how to proceed, reach out to us at Roth Davies. Help is available, and you don't have to face this alone.

Who is eligible for a Protection from Abuse Order in Johnson County, Kansas?

Abuse takes many forms, and recognizing it is the first step towards getting help. A PFA (Protection from Abuse Order) is available for certain people who have experienced physical harm, threats, or unwanted sexual contact. Imagine you're facing threats of harm or unwanted physical contact from someone that you live with these actions create a dangerous and unhealthy environment. This could qualify you to file a PFA. Abuse can include emotional manipulation, threats, or even situations where consent is ignored. If you feel unsafe, you have the right to seek legal protection. By filing a PFA, you take significant steps towards safety and peace of mind. Always remember, help is available at Roth Davies, and you don't have to navigate this process alone.

What happens when someone files a Protection Order Case against you in Johnson County, Kansas?

Most people do not realize they are part of a protection order case until the moment they are served with paperwork by law enforcement. And for some, that paperwork comes with a court order mandating that they cannot return to their own home. For people who are at their home, you are given at most a few minutes to get a bag of clothes and personal items together before you must leave. This can turn somebody's life upside down. Living without being able to return to your own home is difficult for a day or two, and nearly impossible for longer than that. But unless or until the judge changes the orders, you won't be able to return home. Obviously, some things cannot wait while the court process plays out. In many cases, people need to go and collect more of their property, or have other pressing issues like retrieving time-sensitive mail and bills or prescription medications. It's important to contact a lawyer immediately if you find yourself in this situation. A lawyer can help explain the court orders, review the process, and help you navigate the situation in the first few days before court. This can include arranging for a civil standby, or a third-party intermediary, to go and collect items, or perhaps exchange some of the time-sensitive information and property between the attorneys. This process must be done within the existing court orders, or with a strict approval by the court. Doing otherwise could be seen as a violation of the court's orders, which could result in your arrest, criminal prosecution, contempt findings, or other penalties. If you've been ordered to leave your home, call our office right away so we can help you navigate these challenges and answer all your questions.

What is a PFS (Protection from Stalking) Order and how does it work in Kansas?

If you or someone you know is experiencing stalking, sexual assault, or human trafficking, a Protection from Stalking, Sexual Assault, or Human Trafficking Order (PFS) may provide the security you need. This legal process is designed to offer immediate protection for individuals and families. What is a PFS? A PFS is a court-issued directive to protect you from harassment, abuse, or exploitation. One can be filed on behalf of yourself, a minor child in your care, or on behalf of a child victim of human trafficking. The process is straightforward, but is much easier when an attorney helps you to ensure you've gathered the necessary documents and you meet the specific criteria. If you're unsure about your eligibility or how to proceed, reach out to us at Roth Davies. Help is available - you do not have to face this alone. Let us help you take your first step today towards safety.

What does a Protection from Stalking Order do? The behaviors a PFS prevents.

Stalking, sexual assault, and human trafficking are serious issues, and recognizing these behaviors is crucial. A PFS (Protection from Stalking) can protect you from these harmful actions. What is stalking? Stalking involves intentional harassment that causes fear for your safety. It often includes repeated actions, like constant messaging or showing up uninvited, that causes emotional distress. What is sexual assault? Sexual assault includes any nonconsensual act or attempts using force, threats, or duress. Human trafficking, meanwhile, involves exploitation, including forced labor or sexual acts, often targeting the most vulnerable members of society. If you or someone you know has experienced stalking, sexual assault, or human trafficking, reach out to us at Roth Davies. You don't have to experience this alone.

What is the Difference Between a PFA (Protection from Abuse) and a PFS (Protection from Stalking)?

Everyone deserves to feel safe. If you or someone you care about is facing abuse, harassment, or exploitation, legal tools like Protection from Abuse Orders (PFA's) or Protection from Stalking Orders (PFS's) can help. What are PFA's and PFS's? PFA's are designed to protect individuals from abuse in intimate partner or household relationships. PFS's provide protection from stalking, sexual assault, or human trafficking, regardless of the relationship with the offender. How long do they last? Both PFA's and PFS's typically last one year, but you can request an extension if needed. For longer extensions, such as up to life, additional criteria must be met, like a violation of the order. If you have any questions, feel free to reach out to us at Roth Davies.

Protection Order Cases and Family Law Cases: What Happens When You Have Both?

Many times, folks contact our office and they have two pending cases - a family law case (either a paternity, divorce, or custody matter) and a protection order case (either a PFA or PFS). Several jurisdictions, including Johnson County, will assign your family law judge to your protection order case. But that does not merge the cases; They remain separate cases with different rules and procedures. In family law, the court can consider all evidence that is relevant to what is the best interest of the child. Then the judge will make decisions and issue orders and rulings based on the best interest of the child. In a PFA or PFS case, the judge is only going to review the evidence that is relevant to the order being sought. For a PFA, that is whether there is abuse, attempt to abuse, threat to abuse, or unwanted sexual contact or attempted unwanted sexual contact. For a PFS, that is whether there are two or more instances of stalking or harassment, which meet all factors required by the court. What can be used in one case may not be able to be used in another, and in fact, the judge may not admit the evidence at all. But that's not because it's not important, it's because it's just not the right case or the right time to raise the issue. It's important to speak to your lawyer right away and discuss all issues. Your legal team can help you understand which issues can be raised in which case, and how to best address your concerns and meet your goals. Call our office today to discuss.