Protection From Abuse (PFA) Orders
| Protection Order Guided Interview |
Entrevista Guiada Sobre las Órdenes de Protección |
This guided interview will provide you with must-know information about Kansas protection orders. It explains important safety considerations, necessary qualifications, court processes, possible relief, resources and other considerations that you should think about before seeking a protection order.
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Directions:
Click on the "Protection Order Guided Interview" link above. Once redirected, click on "Go to Form." Read the terms and conditions and "Accept Terms." It is not necessary to register or login to access the guided interview. This will take you to the guided interview.
Please send any comments or suggestions about the "Protection Order Guided Interview" to gwest@kcsdv.org |
Esta entrevista guiada, proveerá información sobre las órdenes de protección en el estado de Kansas. Explica consideraciones importantes sobre la seguridad, requisitos necesarios, los procesos del tribunal, alivio proporcionado, recursos y otras consideraciones que usted debe pensar antes de presentar una orden de protección.
Usted necesitará el programa de computador "Adobe Flash Player" para ver esta entrevista guiada.
Direcciones:
Haga clic en el lazo arriba nombrado, "Entrevista Guiada Sobre las Orden de Protección." Serás dirigido a una nueva página, pulsa en "Go" o "Sigue." Lea los términos y condiciones. Pulsa en "si" si estas de acuerdo. No es necesario registrase para usar la entrevista guiada. Esto te llevara a la entrevista guiada.
Por favor envíe cualquier comentario o pregunta acera del, "Entrevista Guiada Sobre las Ordenes de Protección" a gwest@kcsdv.org
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The following information is also available in printable PDF and HTML formats at Publications.
What is a Protection From Abuse (PFA) Order?
A PFA order is a civil court order telling a person to not have contact with you and/or your child/ren.
TO QUALIFY for a PFA order you and the abuser must have had a specific relationship AND you must be the victim of abuse, meaning you must:
- Be living together OR
- Have lived together in the past OR
- Have a child in common OR
- Have a child in common OR
- Be in a dating relationship OR
- Have been in a dating relationship OR
- If seeking an order on behalf of a minor child, be the parent of or living with the child who has been abused
AND
- The abuser tried to physically harm you or the child or caused physical harm to you or the child
- The abuser has, by physical threat, caused you or the child to fear that physical harm is imminent
- The abuser has participated in certain sexual conduct with a child under 16 years of age who is not the abuser’s spouse
How to Apply for a PFA Order
- You can pick up the necessary forms from your district court, your local domestic and sexual violence program or find them online at www.kscourts.org.
- You must swear to the content of the application (called a petition) by signing it in front of either the clerk or a notary.
- You can file the petition at the District Court Clerk’s office.
- Be prepared to tell the judge why you feel you need protection.
- You may be able to keep your address and phone number from the abuser by requesting the information remain confidential for safety reasons.
- You may be granted a temporary order that will protect you until the final hearing.
- The court will set a date and time within 20 days for a final hearing.
- At the final hearing, the judge will listen to both sides and decide if a final order should be issued, which could last up to one year.
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What Can Happen Under a PFA Order?
Within a Final PFA order, the Court may do any of the following:
Order the abuser not to contact you or your child/ren;
Require the abuser to leave the home or require the abuser to provide suitable alternate housing for you and your child/ren;
Award custody and establish a parenting plan
Order the abuser to pay child support and/or spousal support;
Award costs and attorney fees to either party;
Allow you or the abuser to safely get personal belongings from the home;
Order the abuser not to disconnect the utility services to your home for up to 60 days;
Order counseling for the defendant;
Order or restrain abuser from any other acts deemed necessary to keep you or your child/ren safe including the return of immigration papers, birth certificates or other important documents.
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What is a Mutual Order and How Can it Hurt You?
A mutual order indicates that both sides abused each other and neither acted in self defense. A mutual order prevents both of you from contacting each other.
A mutual order can harm you in the following ways:
- If you violate the order, you may be criminally prosecuted.
- You could be tricked by the abuser into violating the order, causing you to be arrested.
- The order may affect your employment options.
- The order could be used against you in a custody or divorce case.
- If you are an immigrant, a mutual order may affect your ability to gain or maintain a legal status. The violation of a protection order is a deportable offense.
A mutual order may only be issued against you when the following three things happen:
- The abuser files a counter-petition against you,
- You are served with the counter-petition before the hearing, AND
- At the final hearing, the judge decides you and the abuser were both primary aggressors and neither of you acted in self defense.
Sometimes a mutual order gets issued if you agree to it. If a counter-petition is filed against you or you are urged to agree to a mutual order, seriously consider asking for time to contact your local domestic and sexual violence program or an attorney. A mutual order will not keep you safe.
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Other Things You Should Know
- It is not necessary to have an attorney represent you at the final PFA hearing but it might be in your best interest to have one. Check with your local program for options concerning legal representation in your area.
- The abuser will be given a copy of the petition, the temporary order and will be at the final hearing. Based on the information you and the abuser present to the judge, the court will decide whether to issue a final PFA order.
- If you need a PFA order and the court is closed, you may be able to apply for an Emergency Order at your local law enforcement office. Contact your local program to find out more about this option. These orders will automatically expire at 5:00 p.m. on the next regular working day of the District Court. To continue this order, you must apply at the court.
- If the abuser violates the order before it is served, you can still call the police. They may not be able to arrest him for violating the order but they can still protect you and can also serve the order.
- You may request a PFA order be in effect for up to one year. The PFA order may be extended for an additional year.
- If you are asking the court to order the abuser to pay child support, you should complete a child support worksheet.
- If you have children, you may be asked to file a parenting plan. Be specific about times and places the abuser can see the children.
- When seeking custody in the order, be prepared to fill out the UCCJEA Affidavit, which asks where the children have been living for the past five years and with whom.
- If you do not want the abuser to see the children or you want the abuser to be supervised while with the children, be prepared to explain to the judge why this is necessary. Ask your local program if your community has a supervised child visitation and exchange center.
- If the abuser requests personal items from the home, make sure to express what time is best for you and that the police assist the abuser.
- The PFA procedure may not be used by any person more than twice in any twelve-month period, except in the case of abuse of a minor.
- Your PFA order should be valid in the state you received it as well as the rest of the United States, including Indian Tribal Lands, U.S. Territories and the District of Columbia.
- A PFA order can only be changed by the judge. If you want to end the order early, you must ask the court to modify it. The clerk at the district court can give you the forms for changing the order.
Special Issues Concerning Immigrant Women
Can I get a PFA order if I am not a U.S. citizen?
YES. Regardless of your immigration status, you have a right to be protected.
Will I be deported if I get a PFA order?
Generally, civil courts do not ask about immigration status when seeking a protection order. However, you can contact your local domestic and sexual violence program or legal services office to find out about the policies in your courts.
If you are a natural citizen, lawful permanent resident, or a valid visa holder, you are not likely to be deported unless you have violated certain immigration laws or committed certain crimes.
If you are undocumented, you may be at risk depending on the policies of your local court. A competent immigration attorney can help you determine if you qualify for any immigration remedies specifically for those abused by their partners. Do not seek help from Citizen and Immigration Services (the office formerly known as INS) for information on immigration remedies available. In the meantime, do what you need to do to be safe. Contact your local program to learn about your community resources. By law these programs should contact an interpreter if you do not speak English.
Will my partner be deported if I get a PFA order?
If you contact the police and your partner is convicted of a crime, your partner may be deported, depending on immigration status and the seriousness of the crime. A violation of a PFA order is a deportable offense.
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 and sexual violence program for assistance.
The information found in this brochure is a summary of the law. For more information or for 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 the Kansas Resources - KCSDV Member Program list on this website);
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).
YOU AND YOUR CHILDREN DESERVE TO BE SAFE.
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