Questions and Answers about Protection Orders in Johnson County, with Video Tutorials
How do I file a protection from Abuse order?
The Kansas Protection Order Portal is a great resource to walk you through the process of filing a new protection order in Kansas. First you'll go to the website KSPOP.gov and click get started. The site will prompt you with some eligibility questions like: Are you over the age of 18? Do you have any children living with you? Who exactly are you seeking protection for? Who are you seeking protection from? And what the person you're seeking protection from has done or try to do to you to get you to file this petition? The site also allows an option to safely exit at any time throughout the application process if you're in a hostile environment or in a place that lacks privacy. After the general eligibility questions, the site will prompt you to begin drafting your petition, find an advocate, or other resources if the incident started on tribal land. If you select, "Start Petition", that site will ask for more specific details about the abuse, the parties involved, and any other potential cases that have been filed in the past. It's important to be as specific as possible when filling out the petition. Using specific dates, when and where incidents occurred or if there were other witnesses to the said incidents, could help the court or the Judge decide and approve your temporary orders in an expedited fashion. Once the information has been entered into the site, it will process the petition and send it to the correct Kansas District Court base on your location you entered, and then it will be processed by the Clerk's office and the case will soon be filed. Before filling out the application, please make sure you have plans on where to go and what to do before the other party is served with the petition and any temporary orders. If you need help, you can contact any of the numbers listed on the screen or 911.
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.
What can a Protection from abuse Order Do?
A protection order can do the following five things:
Order the abuser to stop any violent act or threat of violence towards the victim.
Order the abuser to stay away from the victim’s home, school, workplace, or business.
Order the abuser to refrain from contacting, threatening, or intimidating the victim or any member of their household.
Order the abuser to comply with restrictions that are considered necessary by the court for the victim’s safety and protection.
Decide family law issues related to child custody, support, and visitation.
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 are Temporary Orders in a Protection from Abuse Case?
When you're first served with the paperwork of your protection order case, you will need to see whether or not the Judge has reviewed the case and granted the plaintiff with temporary orders of protection. This is the most important issue to address and understand right away. Temporary orders are fully valid and enforceable Court orders. They are enforced by law enforcement. Violations can result in your arrest and you're subject to criminal prosecution. Temporary orders can remove you from your home, limit, restrict, or prohibit certain activities and and severely impact your custody and parenting time of your children. While you may be shocked by these orders and not agree with them, they are Court orders that must be followed. Reaching out to the other party to try and reason with them is generally considered a violation of the order and is a quick way to get arrested and criminally charged. Even if the other party reaches out to you, don't respond. Immediately contact a lawyer. An experienced attorney can help you understand and navigate the temporary orders and perhaps get those orders modified during the pendency of your case. Call our office today.
What Kind of Temporary Orders are possible in a Protection From Abuse Case?
Protection order cases are meant to provide quick or even immediate protection for the requesting party. One way to make this possible is by a Judge granting temporary order shortly after you file your petition. If this is what you want when you file your paper work, you need to request temporary orders. The orders that can be granted include: no contact orders, temporary legal custody and residency of you minor child or children, temporary parenting time or parenting plans that include supervised parenting time or any other temporary orders that the Court deems appropriate given the allegations of your petition. Keep in mind that in some temporary orders may have an effect on your pending family law case. It is important to consult with an attorney or your legal team if you have multiple cases about how these cases and the orders therein will impact one another. Once you've heard back from the Court and learned whether or not your request for temporary orders was granted, contact a local attorney right away to discuss the legal process and the next steps that need to be taken in order to secure permanent protection. Call our office today.
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.
Do I need to hire a lawyer if someone filed a Protection Order case against me?
A protection order case is a serious matter. Failure to take the matter seriously may result in a final order of protection being placed against you and failure to abide by the orders of the Court can result in your arrest and criminal prosecution. However, while these are serious matters, the Court cannot appoint you an attorney to represent you in these proceedings. There is not public defender for a PFA or PFS. So, if you want an attorney, you must hire one yourself. It is important to retain an attorney as soon as possible in these cases. Your attorney should be with you for the first court date in case issues need to be addressed regarding the temporary orders that day. Additionally, the trial is generally scheduled at your first appearance. You want your lawyer to be present for the scheduling of the trial to make sure they can confirm their availability. Additionally, your lawyer will want to be able to inform the Court at that time how long they expect the trial to take, how may witnesses they intend to call, and to take up any other logistical issues ahead of trial. Finally, it is imperative to have a lawyer present before your first hearing so your lawyer can advise you of your rights. While the Protection Order is a civil matter, some times it overlaps with the corresponding family law or criminal case. In that case, you need to be advised of your rights and how they impact those other cases before moving forward. Call our office today.
How does Mediation work in a Protection from Abuse case in Johnson County, Kansas?
If you are a party in a protection from stalking case or PFS in Johnson County. You may have the option of having your case mediated. Mediation is a process in which a neutral third party communicates with the parties outside of Court in an effort to resolve the case without the need a trial. Many folks hear about this process and wonder why they would want to go forward without a trial. After all, they filed the case because they want the result they're asking for or they're contesting it because they want their day in Court in order to deny the allegations. But the answer is quite simple: what happens at trial is outside of your control. Only the Judge gets to decide what happens once evidence is presented. You may be unhappy with the result or you may want the Judge to consider or do things that are simply outside of his or her control. Through mediation, all parties get to be heard. The mediator wants to hear both sides of the story, all the concerns, and most importantly both party's goals. And then the mediator works to craft an agreement that tries to meet as many of those goals as possible to resolve the case without the uncertainty risk and cost of trial. Of course, not every case can be mediated. Only certain cases can be mediated and it takes both parties agreement to enter into mediation but when available it can be an excellent option for resolving a case in a way that you have control over the outcome. For more information on this process and whether or not it is an option for you, contact our office today.
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.