NO CONTACT ORDERS FOLLOWING KANSAS DOMESTIC VIOLENCE CHARGES. FAQS.

Nationwide, and in Kansas, domestic battery (often called domestic violence) is meant not only to hold the accused accountable but, also to provide alleged victims safe space from their abusers. Further, the alleged victim in now a State's witness against you. Therefore, if you are charged with a domestic battery (or similar charge) there will be an automatic "no contact order" put in place. Below you will find answers to frequently asked questions related to these Orders:

1. Can the alleged victim "drop" the charges and/or allow contact? No. The case becomes You vs. Kansas. The alleged victim doesn't have independent power to stop criminal prosecution nor can they lawfully give you permission to make contact.

2. What happens if you do get, or already have been, in contact with the alleged victim? The alleged victim cannot violate by making contact, so long as they do not have restraint too. However, should you fail to follow the judge's orders, you can face additional charges (ex. violation of a protection order, witness tampering, contempt, etc.) and bond revocation. Further, failing to abide by an order can be used against you later in bond hearings, plea agreements, sentencing, future allegations, family court, DCF investigations, etc..

3. Can another person make contact with the alleged victim for me? No. This is called third party contact and is equally unlawful. The third party is also risking criminal charges if they do make contact on your behalf.

4. How can you see your children or get your property? Absent the judge's permission you cannot make contact with the alleged victim for any reason. That means you will have to make oral or written argument for cause, and directions, for safe contact. It is possible for the Kansas judge to give you limited, short-term, conditional, minimal and/or deny your request for contact.

5. Will the alleged victim's appearance in court help? Sometimes. The Court, and the prosecutor, can consider the input of anyone they see fit. However, in Kansas domestic battery cases, it is ultimately up to the judge to decided what will be permitted.

6. How can you get the Court to lift the protection order? Understand that the Kansas prosecutor (District Attorney) has a great deal of power in these circumstances. That is because they will have reviewed your bond screening, the arresting documents, and likely will have spoken to the alleged victim. Their recommendations usually are followed by the Court. Your defense attorney will have to be prepared for oral argument, based on your unique circumstances, that provides case law and rationale, to support going against what is automatically written into the criminal law statute. 

7. What if no-one tells the court about communication between you? If you are in any Kansas jail/prison, your calls are recorded and those can later be used against you. Once you are outside of custody it is possible that the Court will never get wind of your contact. Assuming that protects you is a flawed position to take. Be warned that many do get caught. How, you may wonder? Some examples include: (a) The alleged victim later turns on you (this is the most common); (b) You are charged with new crimes involving the same person(s); (c) During a traffic stop you are found with the alleged victim; (d) Someone else tells the Court, etc.. It is better to seek the Court's permission than think you can beat the system. 

8. When will the no contact orders end? Unless the Court finds otherwise, the Order will not end until the case is closed (by way of sentencing, dismissal, acquittal or completion of probation). You will want to pay close attention to all terms of any plea, Diversion, probation and sentencing documents that address contact with any and all named in your criminal case.

9. Will this mean you have no contact with your child(ren) until the criminal case is over? Possibly. It is not uncommon for those involved in a divorce, or child custody matters, to suddenly be charged with a domestic battery or aggravated domestic battery. A no contact order will certainly include the child(ren) even they were alleged victims, witnessed the abuse and/or threats were directed/included them. Additionally, if the criminal court or family court (likely through the GAL or DCF) find just cause, even if the your kid(s) were not present or alleged victims, you may be restricted, or limited, in your contact with them. 

10.  Are PFAs and a No Contact Orders the same? Kinda. Both serve the same purpose - restrict contact. The difference is a PFA is a Kansas civil matter, temporary orders are generally automatically granted, but you have a chance to object to a long-term protection order. If neither of you appear at the permanency hearing the PFA expires. Also, a person can request/drop a PFA with permission from the Kansas civil court. On the other hand, any no contact orders associated with allegations of a domestic battery (or other violent crimes) cannot be dropped by those involved and do not expire until and unless the criminal court decides so. 

Hopefully you found answers to you questions in this blog. Should you have additional questions about your Kansas criminal case or protection orders call TODAY (913) 602-7288.