5 Frequently Asked Questions Regarding Protection From Abuse/Protection from Stalking

What is the difference between a Protection from Abuse case and a Protection from Stalking case?

A protection order is available under the Protection from Abuse Act if you are or have been in a dating relationship with the defendant, reside or formerly resided with the defendant, or share a child with the defendant; and the defendant has acted in a way to cause or attempt to cause bodily injury to you or to place you in fear of imminent bodily injury.

A protection order under the Protection from Stalking Act may be available if the defendant has on two or more occasions intentionally acted in a way which seriously alarms, annoys, torments or terrorizes, serves no legitimate purpose, and places you in reasonable fear for your safety.

Can I protect my kids?

Yes. Protection under both the Protection from Abuse Act and the Protection from Stalking Act may be obtained for you, your children, or both.

Does a Protection Order restrain us both?

No. The court may only make orders against a plaintiff if a counter-petition is filed and the court makes specific findings that both the plaintiff and defendant were aggressors. Under normal circumstances, a protection order only restrains the defendant from making any contact with the plaintiff. There are no restrictions imposed on the plaintiff.

Will a Protection Order show up on a criminal record?

A Protection Order is technically a domestic order, not criminal. However, all temporary, amended, final and other protection orders are required to be entered into the national criminal information center protection order file. A protection order is also provided to the sheriff of the county where the order is issued, who registers the order into the national criminal information center. That information remains in the criminal databases until the Protection Order expires or is dismissed.

What happens if there is contact after a protection order is entered?

Unless the Court has specifically found that both parties should be restrained, there are no restrictions on the protected party attempting to make contact. However, there can be consequences if the restrained party attempts to make contact or responds to the attempted contact from the protected party. If a protection order has been entered against you and you make or attempt to make contact with the protected party – whether it be in person, by phone, text message, email, or any other medium – you are in violation of the protection order. Violation of a protection order can result in criminal charges and may result in misdemeanor on your criminal record, fines and jail time. A violation of a protection order may also constitute contempt of court and subject you to additional punishment, as determined by the Court.

Danielle N. Davey is an attorney licensed to practice in state and federal courts in Kansas. She has both prosecuted and defended Protection Cases in several Kansas counties. If you have questions about protection orders in Kansas, believe you may need a protection order, or believe a Petition for Protection has been unjustly filed against you, call Danielle at 785-357-6311.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.