KANSAS CITY, KS PROTECTION FROM ABUSE DEFENSES
Kansas allows for alleged victims, or their guardians, to request orders of protections for a number of reasons - abuse (PFA), stalking, sex assault and sex trafficking (PFS). Each request is unique to those involved but all have defenses. These are not to be confused by restraints (no contact orders) set in place by a the State of Kansas in instances of criminal charges. Instead, these are civil matters that can include criminal allegations. Typically emergency orders are requested. If granted you will immediately required to stop all of the following:
The Temporary Order will provide you with a scheduled Final Protection Order Hearing date and time. This is a formal hearing where evidence, allegations, witnesses, medical reports, etc. can be used to support final orders. If granted a permanent order of protection you will be prohibited from doing any, or all, of the above-mentioned for one year; however, it can be extended for thereafter. Should you fail to appear and/or answer the request can be granted by default, and you likely will waive many of your rights therein. If you violate these orders you will be facing criminal charges. These are valid across the nation and have multiple additional ramifications.
In this office protection order requests have frequently been associated with divorcing parties and/or those in custody battles. The Court frowns upon using these to manipulate you or abuse the system; however, if you don't object protection will likely be granted.
Remember: The details in these documents, and the statements you make, can be used against you in all other court proceedings. It may also prompt Child Protective Services and/or law enforcement involvement. These are sworn documents and all necessary agencies can later access each.
DEFENSES
- phone calls
- text messages
- emails
- personal visits (anywhere)
- contacting them through another person
- leaving messages or gifts from another person
- living in your shared residence (Yes. Even if the place is in your name), and more.
The Temporary Order will provide you with a scheduled Final Protection Order Hearing date and time. This is a formal hearing where evidence, allegations, witnesses, medical reports, etc. can be used to support final orders. If granted a permanent order of protection you will be prohibited from doing any, or all, of the above-mentioned for one year; however, it can be extended for thereafter. Should you fail to appear and/or answer the request can be granted by default, and you likely will waive many of your rights therein. If you violate these orders you will be facing criminal charges. These are valid across the nation and have multiple additional ramifications.
In this office protection order requests have frequently been associated with divorcing parties and/or those in custody battles. The Court frowns upon using these to manipulate you or abuse the system; however, if you don't object protection will likely be granted.
Remember: The details in these documents, and the statements you make, can be used against you in all other court proceedings. It may also prompt Child Protective Services and/or law enforcement involvement. These are sworn documents and all necessary agencies can later access each.
DEFENSES
- No abuse or potential harm
- Untruthful or exaggerated information
- Unsubstantiated contact
- False allegations
- Lack of appropriate relationship
- Unfounded or dismissed cases
- Lack of notice, and more.
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court in Kansas City, Kansas.