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OFFICE 205 S 5TH SUITES 1-8 LEAVENWORTH, KS 66048 MAILING ADDRESS PO BOX 465 LEAVENWORTH, KS 66048 BUSINESS: 913-682-8979 913-682-1752 CRISIS LINE: 913-682-9131 800-644-1441 DAYCARE: 913-682-2626 913-727-1640 |
| Restraining Orders |
|
| Protection From Abuse Requirements |
 | Petitioner and Respondent: |
 | Reside/ Resided Together; or | |
| Are Currently/ Formerly in Dating Relationship; or | |
| Have child in common; or | |
| Are Married |
| intentionally caused or attempted to cause bodily injury to plaintiff and/or plaintiff’s minor child(ren). | |
| By physical threat placed the petitioner or another household member in fear of immediate bodily injury; | |
| or | ||
| Engaged in one or both of the following acts with a child under the age of 16 who is not a spouse of the | |
| defendant: the act of sexual intercourse; or, lewd fondling or touching of either the child or the defendant, done or submitted to with the intent to arouse or satisfy either the child or the defendant. |
| PFA’s Can Provide For the Following (at the discretion of the Judge) |
| Restraining the defendant from abusing, molesting or interfering with the privacy or rights of the plaintiff or of any minor | |
| children of the parties. | ||
| petitioner possession of the residence to the exclusion of the defendant, and further restraining the defendant from entering or | |
| remaining upon or in such residence or household. | ||
| Requiring defendant to provide suitable, alternate housing for the plaintiff and any minor children of the parties | |
| Awarding temporary custody and residency and establishing temporary parenting time with regard to minor children | |
| Ordering a law enforcement officer to evict the defendant from the residence or household | |
| Ordering support payments by a party for the support of a party's minor child, if the party is the father or mother of the child, or | |
| the plaintiff, if the plaintiff is married to the defendant. | ||
| Awarding costs and attorney fees to either party. | |
| Making provision for the possession of personal property of the parties and ordering a law enforcement officer to assist in | |
| securing possession of that property, if necessary. | ||
| Requiring any person against whom an order is issued to seek counseling to aid in the cessation of abuse. | |
| Ordering or restraining any other acts deemed necessary to promote the safety of the plaintiff or of any minor children of the | |
| parties. |
| OBTAINING A PFA |
YOU MUST :
A JUDGE WILL REVIEW YOUR APPLICATION AND MAY REQUIRE YOU TO TESTIFY BEFORE OBTAINING A TEMPORARY PFA.
IF YOU OBTAIN A TEMPORARY PFA
AT THIS HEARING
(IF PERSONAL SERVICE HAS OCCURRED) THE JUDGE WILL DECIDE IF YOU QUALIFY FOR THE RESTRAINING ORDER AFTER HEARING TESTIMONY
FROM BOTH PARTIES. IF THE JUDGE GRANTS YOU THE FINAL RESTRAINING ORDER HE CAN GRANT IT FOR UP TO ONE YEAR.
| MEET ALL QUALIFICATIONS | |
| FILL OUT AND TURN IN APPLICATION TO THE DISTRICT COURT |
IF YOU OBTAIN A TEMPORARY PFA
| APPEAR IN COURT THE DATE GIVEN ON THE TEMPORARY RESTRAINING ORDER | |
| BE ABLE TO TESTIFY IN COURT AS TO WHY YOU QUALIFY FOR A RESTRAINING ORDER, GIVING THE SPECIFIC INFORMATION AS TO WHAT HAS | |
| HAPPENED |
(IF PERSONAL SERVICE HAS OCCURRED) THE JUDGE WILL DECIDE IF YOU QUALIFY FOR THE RESTRAINING ORDER AFTER HEARING TESTIMONY
FROM BOTH PARTIES. IF THE JUDGE GRANTS YOU THE FINAL RESTRAINING ORDER HE CAN GRANT IT FOR UP TO ONE YEAR.
| Protection From Stalking |
THE PERSON YOU ARE FILLING THIS AGAINST HAS TO HAVE :
| Committed two or more intentional separate acts over a period of time directed at a specific person that seriously alarms, annoys, torments or terrorizes | |
| the person and that serves no legitimate purpose that places the other person in reasonable fear for that person’s safety and would cause a reasonable person to suffer substantial emotional distress. |
| PFS’s Can |
| be obtained for self, individual’s minor children, or minor children that live with the individual. | |
| restrain the person from following, harassing, telephoning, contacting or otherwise communicating with the person. | |
| restrain the person from abusing, molesting or interfering with the privacy rights of the person. | |
| restrain the person from entering upon or in the victim’s residence or the immediate vicinity thereof. | |
| OBTAINING A PFS |
YOU MUST :
IF YOU OBTAIN A TEMPORARY PFS
YOU MUST:
AT THIS HEARING
(IF PERSONAL SERVICE HAS OCCURRED) THE JUDGE WILL DECIDE IF YOU QUALIFY FOR THE RESTRAINING ORDER AFTER HEARING TESTIMONY
FROM BOTH PARTIES. IF THE JUDGE GRANTS YOU THE FINAL RESTRAINING ORDER HE CAN GRANT IT FOR UP TO ONE YEAR.
| MEET ALL QUALIFICATIONS | |
| FILL OUT AND TURN IN APPLICATION TO THE DISTRICT COURT |
IF YOU OBTAIN A TEMPORARY PFS
YOU MUST:
| APPEAR IN COURT THE DATE GIVEN ON THE TEMPORARY RESTRAINING ORDER | |
| BE ABLE TO TESTIFY IN COURT AS TO WHY YOU QUALIFY FOR A RESTRAINING ORDER, GIVING THE SPECIFIC INFORMATION AS TO WHAT HAS | |
| HAPPENED |
(IF PERSONAL SERVICE HAS OCCURRED) THE JUDGE WILL DECIDE IF YOU QUALIFY FOR THE RESTRAINING ORDER AFTER HEARING TESTIMONY
FROM BOTH PARTIES. IF THE JUDGE GRANTS YOU THE FINAL RESTRAINING ORDER HE CAN GRANT IT FOR UP TO ONE YEAR.
| PFA'S & PFS'S |
| Failure to appear will cause the case to be dismissed. | |
| Orders can be good up to one year from the final order | |
| Extensions or modifications of the order can be requested. | |
The Alliance has a staff member dedicated to helping victims of domestic violence,
dating violence, sexual assault, stalking, and child abuse understand the criminal and
civil legal system.
The court advocate can also assist victim who qualify under the Protection From Abuse
or the Protection From Stalking Acts file for restraining orders.
The court advocate may also be able to assist victims file for Crime Victim
Compensation for medical expenses and/or counseling to help heal from the
victimization.
dating violence, sexual assault, stalking, and child abuse understand the criminal and
civil legal system.
The court advocate can also assist victim who qualify under the Protection From Abuse
or the Protection From Stalking Acts file for restraining orders.
The court advocate may also be able to assist victims file for Crime Victim
Compensation for medical expenses and/or counseling to help heal from the
victimization.
| For assistance from the Alliance please call 913-682-8979 After hours call 913-682-9131 or 800-644-1441 |