Protection From Abuse Brochure

What you need to know about
Protection from Abuse Orders in Kansas

Developed by Kansas Coalition Against Sexual and Domestic Violence

WHAT IS A PROTECTION FROM ABUSE ORDER?

A Protection From Abuse Order (PFA) is a civil court action intended to bring about a cessation of the abuse of the plaintiff or minor child(ren) of the parties.

TO QUALIFY for a Protection From Abuse Order you and the person you want restrained must:

Be residing together OR
Have formerly resided together OR
Be the parent of or living with a child who has suffered abuse by the party you are attempting to restrain OR
Have a child in common OR
Be in or have been in a dating relationship AND
The person has intentionally attempted to cause you or a child bodily injury, or intentionally or recklessly caused bodily injury OR
The person has intentionally placed, by physical threat, you or a child, in fear of imminent bodily injury OR
The person has engaged in certain sexual conduct with a child under 16 years of age who is not the spouse of the offender.

HOW TO APPLY FOR A PROTECTION FROM ABUSE ORDER

When the Court is closed, you may be able to obtain the application (petition) for an Emergency order from your local law enforcement office, usually the Sheriff's Department.
If you receive an Emergency Order, it will automatically expire at 5:00 p.m. on the next regular workday of the District Court.
Forms for obtaining a PFA order are on-line at http://www.kscourts.org/council/pfafrmtbl.htm
When the Court is open, you may obtain the application (petition) for a Temporary Order from the District Court Clerk's Office.
The Court Clerk must verify your petition by witnessing your signature.
You may be asked to talk with a judge about why you think the Protection Order is necessary. In some jurisdictions, the Clerk will present your petition to the judge.
A Temporary Order is valid for up to twenty days. You must appear for the final hearing for the Protection From Abuse Order to be continued.
If you are denied a Temporary Order, you may still request a hearing for a Final Order.

WHAT CAN HAPPEN UNDER A PROTECTION FROM ABUSE ORDER?

When you receive a Protection Order, the Court is empowered to order any or all of the following:

Restraining the defendant from abusing, molesting or interfering with the privacy or rights of the plaintiff or of any minor children of the parties.
Granting possession of the residence or household to the plaintiff, to the exclusion of the defendant.
Requiring the defendant to provide suitable, alternate housing for the plaintiff and any minor children of the parties.
Awarding custody and establishing a parenting plan 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 or a party's spouse.
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 the person against whom the order is issued to seek counseling to aid in the cessation of abuse.
Restraining the defendant from cancelling utility service to residence for 60 days.
Ordering or retraining any other acts necessary to promote the safety of the plaintiff and the minor children.

WHAT IS A "MUTUAL" ORDER AND HOW CAN IT HURT YOU?

A "mutual" order of protection prohibits BOTH parties from abusing, molesting, or interfering with the privacy or rights of each other. It may order that BOTH parties be refrained from contacting each other.

If a mutual order is issued against you, the petitioner, you may be criminally prosecuted for violating the order. Your batterer could trick you into violating the order so that the police will arrest you and charge you with a crime. The mutual order might be used against you in a custody or divorce case. If you are an immigrant, there may be additional negative consequences to having a mutual order.

In Kansas, there are generally two ways a mutual order may be issued against you. One way is for the defendant to file a counter-petition saying you have abused him, have the petition served on you giving you reasonable notice, and then the court must make findings that you both were primary aggressors and neither of you acted in self-defense. The other way a mutual protection order may be issued against you is if you agree or consent to it.

If a counter-petition is filed against you or you are urged to consent to a mutual order, think seriously about consulting an attorney who can review possible consequences with you.

WHAT YOU SHOULD KNOW

You can request that the PFA order be in effect for up to one year. You may file only two PFA petitions within a 12-month period.

Your PFA order is not enforceable until it has been served on the defendant by authorized personnel. If the defendant violates the order before it is served, you can still call the police. The police will not be able to arrest him for violating the order, but they can still protect you.

If the defendant needs to pick up personal property from the home, be prepared to tell the judge when that is convenient for you. The defendant must have a police escort if he needs to come to the home for personal belongings.

The defendant can be ordered to pay child or spousal support. Take time before the second hearing to make a list of expenses and how much you will be asking for. You may be asked to complete this information at the time you file your petition if you are asking for support.

You can ask for court-ordered counseling for the defendant.

If there are children, the Court may require you to file a temporary parenting plan with the petition and/or final order. Be precise about visitation times, location and duration. Avoid vague language such as "reasonable." If you are requesting no visitation or supervised visitation with the defendant, be prepared to explain to the judge why such an order is necessary. The Court may also ask you to provide information about where the children have been living for the last few months.

Your PFA order is enforceable where it is issued and in all other jurisdictions. This includes all 50 states, Indian tribal lands, the District of Columbia, the US Virgin Islands, Puerto Rico, American Samoa, the Northern Mariana Islands and Guam.

Advocates may be available to assist you with the filing of your PFA order, accompany you to court and provide information to you and your children. Call your local domestic violence and/or sexual assault program for assistance.

The information in this brochure is a summary of the law. For more information or legal advice, you should seek the assistance of an attorney.

ALWAYS KEEP YOUR COPY OF THE PFA ORDER WITH YOU!

IN AN EMERGENCY CALL 911!

For support, call the domestic violence and/or sexual assault program nearest you (see "Kansas Domestic & Sexual Violence Helpline Numbers" below), the KANSAS CRISIS HOTLINE at: 1-888-END ABUSE (1-888-363-2287) or the NATIONAL DOMESTIC VIOLENCE HOTLINE at: 1-800-799-SAFE (7233).

IF YOU NEED TO LEAVE, TAKE WITH YOU. . .

Marriage and driver's licenses
Birth certificates - yours and family's
Money, checkbooks, credit cards, ATM cards, mortgage payment book, car title
Social Security card, work permit, green card, passport
Divorce, custody papers and restraining order
Insurance papers and medical records
Lease, rental agreement and/or house deed
School and health records
Keys - house, car, office, friend's
Medications, glasses, hearing aids, etc. needed by you and your family
Personal items - address book, pictures, toys

YOU AND YOUR CHILDREN DESERVE TO BE SAFE.

KANSAS SEXUAL and DOMESTIC VIOLENCE HELPLINE NUMBERS

This table lists the Kansas sexual and domestic violence programs alphabetically by city, services provided, program names and their HOTLINE phone numbers.

CITY	SERVICES	KCSDV MEMBER PROGRAM	CRISIS HOTLINE NUMBER
1. Atchison	DV/SA	DoVES	800-367-7075 or 913-367-0363
2. Dodge City	DV/SA	Crisis Center of Dodge City	620-225-6510
3. El Dorado	DV/SA	Family Life Center of Butler County	316-321-7104 or 800-8870-6967
4. Emporia	DV/SA	SOS, Inc.	800-825-1295 or 620-342-1870
5. Garden City	DV/SA	Family Crisis Services	620-275-5911
6. Great Bend	DV/SA	Family Crisis Center	620-792-1885 or 866-792-1885
7. Hays	DV/SA	Northwest Kansas Domestic and Sexual Violence Services	800-794-4624 or 785-625-3055
8. Hutchinson	DV/SA	Sexual Assault/Domestic Violence Center	800-701-3630 or 620-663-2522
9. Iola	DV/SA	Hope Unlimited	620-365-7566
10. Kansas City, KS	DV	El Centro, Inc. ¡Si Se Puede!	913-281-1186
11. Kansas City, KS	DV	Friends of Yates Joyce Williams Center	913-321-0951
12. Kansas City, MO	DV/SA	KCAVP	816-561-0550
13. Kansas City, MO	SA	MOCSA	816-531-0233
14. Lawrence	SA	GaDuGi Safe Center	785-841-2345
15. Lawrence	DV	Women's Transitional Care Services	800-770-3030 or 785-843-3333
16. Leavenworth	DV/SA	Alliance Against Family Violence	800-644-1441 or 913-682-9131
17. Liberal	DV/SA	Liberal Area Rape Crisis and DV Services	620-624-8818
18. Manhattan	DV/SA	The Crisis Center, Inc.	800-727-2785 or 785-539-2785
19. Mayetta	DV/SA	Prairie Band Potawatomi Family Violence Prevention Program	785-966-0173
20. Newton	DV/SA	Harvey County DV/SA Task Force	800-487-0510 or 316-283-0350
21. Overland Park	DV/SA	Safehome	888-432-9300 or 913-262-2868
22. Pittsburg	DV/SA	Crisis Resource Center of Southeast Kansas, Inc.	800-794-9148 or 620-231-8251
23. Salina	DV/SA	Domestic Violence Assoc. of Central Kansas	800-874-1499 or 785-827-5862
24. Topeka	DV/SA	YWCA Battered Women Task Force	888-822-2983 or 785-354-7927
25. Ulysses	DV/SA	DoVES of Grant County	620-356-2608
26. Wichita	DV	Catholic Charities Harbor House	316-263-6000
27. Wichita	DV	StepStone	316-265-1611
28. Wichita	SA	Wichita Area Sexual Assault Center	316-263-3002
29. Wichita	DV	YWCA Women's Crisis Center	316-267-7233
30. Winfield	DV/SA	Safe Homes, Inc.	800-794-7672 or 620-221-4357

This project was partially funded by the Federal Violence Against Women Act, awarded by the Federal Violence Against Women Grants Office and the Office of Justice Programs of the U.S. Department of Justice and the State Protection from Abuse Fund as administered by Kansas Attorney General Carla J. Stovall, awarded by the Violence Against Women Office, Office of Justice Programs, U.S. Department of Justice.

The opinions, findings, conclusions, recommendations or points of view expressed in this publication are those of the author, KCSDV, and do not necessarily represent or reflect the official position or policies of the Office of the Kansas Attorney General or the U.S. Department of Justice.

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What you need to know about Protection from Abuse Orders in Kansas