Most people have heard of restraining orders, even if they don’t know anyone who has requested one or been subject to one. Restraining orders feature prominently in television shows, mystery novels and movies about the criminal justice system.
A restraining order is essentially an order issued by the courts restricting the behavior of people in specific circumstances. People in Kansas can request or end up subject to two different types of restraining orders, which the courts and laws in Kansas refer to as Orders of Protection.
Protection from abuse orders
An Order of Protection could be available to those facing threats from current or former spouses, the other parent of their children, a prior roommate, a prior romantic partner and members of their immediate family. Typically, an Order of Protection based on abuse helps protect people from physical harm, threats, harassment or confining someone against their will.
The person seeking the order must file a petition with the courts. They can request an emergency order when they feel they are in immediate danger. They can also seek a temporary and final order, which typically requires attending a hearing.
The other party has an opportunity to defend themselves against any allegations, and the courts decide whether the circumstances warrant an Order of Protection. The order usually lasts for a year, but people can renew or extend the order when the time comes for it to expire.
The party subject to the order may have to move out of a shared home. They may face consequences if they physically approach the party who requested the order, contact them using telecommunications or fail to leave a social setting where the other party is present.
Protection from stalking, sexual assault or human trafficking
The Kansas courts can also issue Orders of Protection in cases where one party has stalked the other or committing certain crimes against them. Those with proof of prior human trafficking, sexual assault or stalking can obtain Orders of Protection.
These behaviors can involve real-world interactions or even online abuse. The party seeking the Order of Protection must provide evidence and attend a hearing where the other party may be present. They have the option of extending or renewing their Order of Protection when it expires after the first year.
In cases where the party subject to the Order of Protection engages in abusive behavior or contacts the party who obtained the order, it may be necessary to contact law enforcement professionals to enforce the order. People facing complex family law matters, including divorce and custody disputes, may need assistance seeking an Order of Protection, and that’s okay. Legal assistance is also available for those who need to put an Order of Protection into place.