When a person experiences domestic violence, harassment, or a threat, they may feel that their life is in danger. As a result, the moment a person seeks a protective order is typically one of fear, haste, and emotional distress. A person who is in danger may not know what a protective order is or how one works. A Kansas City, KS, protective order lawyer at Stange Law Firm, PC, can help you in this process.
What Is a Protective Order in KS?
In Kansas, a protective order is a legal order issued by a court to protect a person from abuse, threats, harassment, or stalking. Protective orders are also known as Protection from Abuse (PFA) orders or Protection from Stalking, Sexual Assault, or Human Trafficking (PFS) orders.
In most cases, the court issues protective orders in cases where the parties involved are spouses, former spouses, dating partners, family members, or parents of a shared child. A judge may also issue a protective order if there is no domestic relationship between the parties, but there is a record of ongoing harassment or stalking.
Domestic violence is one of the most common reasons for a protective order. There were 11,425 arrests and 22,847 domestic violence incidents in 2023. Unfortunately, this resulted in 32 homicides linked to domestic violence that year.
When Can You Request a Protective Order?
In Kansas, a person can request a protective order if they reasonably feel they are in danger or have been a victim of abuse, threats, or harassment. Abuse can be any instance of physical harm, sexual assault, a threat of violence, or any situation in which one person puts the other person in fear of imminent harm. A person typically requests a protective order in the following situations:
- During a breakup
- During a divorce, especially a contentious one
- The presence of violence
- Threats have been made against them
Courts generally take claims of abuse, threats, or harassment seriously. The victim often files for a protective order when there is a record of violence or evidence that the abuse, threats, or harassment may continue.
How the Protective Order Process Works
The process usually starts when the petitioner files a request for a protective order with the court. In Kansas City, KS, protective order cases are filed with the Wyandotte County District Court. When there is reason to believe that the petitioner is in immediate risk, the court can order a temporary protective order without the presence of the restrained party.
A temporary protective order typically takes effect until the court hearing. The court hearing is usually scheduled within a few weeks. At the hearing, the parties are allowed to present evidence, testimony, and witnesses to support their side of the story. After the court review of all the information, a judge will decide whether a final order is to be issued and for how long.
What a Protective Order May Include
Protective orders can vary in terms of content depending on the facts of each case. The orders may include, but are not limited to, the following:
- An order of no contact
- An order for the restrained party to stay away from the victim’s home, school, or workplace
- Temporary change in child custody
- Restrictions on firearm possession
Violation of a protective order is considered a crime and can attract a criminal conviction, fines, and jail time.
How Long Does a Protective Order Last?
Temporary protective orders typically last until the court hearing. A final protective order in Kansas can remain in effect for a maximum period of one year. It may be extended under specific circumstances, as determined by the judge.
The court issues both temporary and final protective orders, so it’s important for both parties to follow the instructions. The orders are legally binding, and neither party has any say in the matter until the orders expire or are modified by the court.
About Stange Law Firm, PC
Stange Law Firm, PC, has focused its practice on divorce and family law since our founding in 2007, due to the tremendous need for attorneys who focus exclusively on this area.
Our Kansas City, Kansas–area family law attorneys regularly represent clients in protective orders and other family law matters filed through the Wyandotte County District Court. With offices in multiple states, we are committed to offering compassionate guidance, responsive communication, and priority customer service.
FAQs
Q: What Is the Difference Between a PFA and a PFS Order in Kansas?
A: The difference between a Protection From Abuse (PFA) order is used when there is a domestic or family relationship between the parties. Examples are spouses, former spouses, parents, or co-parents. A Protection From Stalking, Sexual Assault, or Human Trafficking (PFS) order is used when the parties do not have a domestic relationship. A PFA and a PFS are both civil protective orders meant to prevent violence and harassment.
Q: How Fast Can I Get a Protective Order in Kansas City, KS?
A: Protective orders are often issued quickly if the court thinks there is an immediate danger. The judge may issue a temporary order the day the petition is filed without the other party present. A full hearing is scheduled within a few weeks to decide if a final order should be issued.
Q: Do I Need Law Enforcement to Get a Protective Order?
A: No. You do not need a police report, criminal charges, or other law enforcement involvement to request a protective order. Protective orders are civil actions, and the person seeking protection may file directly with the court. A police report, medical records, or witness statements, if available, may be used to support a request.
Q: What Happens if Someone Violates a Protective Order?
A: In Kansas, violating a protective order is a criminal act. Consequences for violating a protection order can include arrest, criminal charges, fines, and jail time. Even if contact is made indirectly, such as through a third party or via social media, it may be considered a violation. To avoid legal consequences, you need to adhere to every term of the order exactly as written.
Contact Stange Law Firm, PC, Today
If you need a protective order for your own safety, or if you have one issued against you and need legal guidance, Stange Law Firm, PC, can help you fight for your rights. Contact us today for more information.