Easily File a Restraining Order in Kansas

File a Restraining Order Easily File a Restraining Order in Kansas

Request a Restraining Order In Kansas Fast

Safety gives you peace of mind and heart and makes you feel you belong. Safety is also a right, written in stone in the constitution. If someone or an entity is threatening your safety, it's your right to file for a restraining order in Kansas.

While a restraining order sounds like the best solution for certain woes, obtaining the document can be a challenge in itself.

It's not something you encounter daily. So, where do you begin? What are the steps involved? How much does it cost? Can you obtain it on your own? What evidence is required? When do you initiate the process? How long does it protect you?

What is a Restraining Order, and How Does It Work?

A restraining order or protective order is an order you file and obtain from a court and approved by a judge to you or a minor against:

  • Harassment
  • Domestic abuse
  • Sexual assault
  • Domestic harassment and abuse
  • Stalking
  • Human trafficking

If you are a victim of any of these vices (protected person), you can file any of the following protective orders against the abuser (restricted person) in Kansas:

Types of Protective OrderUsed When
Protection from AbusersSafeguards you and your children against domestic violence act from your intimate partner (current or ex), current or ex household member, or a person with whom you have a child.
Protection from Stalking, Human trafficking, and Sexual AssaultAn order is granted to protect you from a person who has sexually assaulted, stalked, or trafficked you, notwithstanding their relationship with you.

Protection from Abusers 

Under this order, you can get:

  • Emergency order – issued by local law enforcement if the court is closed and lasts until 5 pm the following business day the courthouse opens
  • Temporary order – granted by the district court and lasts 21 days until your final hearing
  • The judge grants the final order after you and the abuser prove your cases and provide available evidence. Once given, a final order can last up to one year.

A protection from abuse order mandates the restricted person to:

  1. Refrain from abusing, bothering, or invading your privacy or that of your children
  2. Leave your shared home, if you were living together
  3. Retain utility services to your home for 60 days
  4. Provide substitute living space for you and your children
  5. Provide child support or spousal support (if you were married) for up to one year
  6. Attend a batterer's counseling session
  7. Pay for your legal fees
  8. Adhere to directives regarding possession of the shared property, such as vehicles and household items
  9. Adhere to the established temporary custody directives and children's visitation rights
  10. Follow any other directives from the judge to ensure your and your children's safety.

Protection From Stalking, Human Trafficking, and Sexual Assault 

Under this order, you get:

  • Ex Parte order – the judge can grant this order without giving prior notice to the restricted person. The order lasts for 21 days, but you have to show 'good cause.'
  • Final order – lasts for one year and is granted by the judge after hearing both parties and reviewing the available evidence.

This order mandates the restricted person not to:

  • Follow, harass or contact you in any manner
  • Invade your privacy, space, or immediate surroundings
  • Perpetrate, foster, recruit, transport or try to perpetrate human trafficking or sexual abuse against you
  • Adhere to any other safety directives from the judge

While these restraining orders in Kansas last for up to one year, you can file a motion to have the district court extend the validity.

Understanding Restraining Order Laws in Kansas

Filing and obtaining a Kansas restraining order is no walk in the park. You must fill out numerous forms and follow all the set procedures to the tee for the judge to finally grant the protection order.

If you wish to learn more about these laws, you can check out The Protection from Abuse Act and The Protection from Stalking Act. However, you might find it challenging to understand these laws due to the legal jargon used, but no worries, we shall interpret it for you.

Filing and obtaining any restraining order or motion to extend an order's validity in Kansas is free and valid even if you move to another state.

If the restricted person violates the order, contact the authorities and have the abuser charged with Class A misdemeanor attracting a one-year jail term, or 17-46 months in jail for a level 6 person felony (violations of other protection orders or has other convictions).

While it's okay to go through all these laws and try to understand them, you can do the next best thing, and trust DoNotPay will get you the restraining order you need.

How to Obtain a Restraining Order in Kansas?

The process of obtaining a Kansas restraining order is as follows:

  1. Fill out all the necessary forms you'll obtain from the court clerk's office or navigate your web browser to download them online. Ensure to confirm whether you need to sign the forms in front of the clerk or notary for verification
  2. Judge's assessment. The judge can grant you a temporary or ex parte order if you convince them you are in immediate danger. The judge will also provide a notice of hearing that indicates the date and venue of the hearing.
  3. Service of process – involves serving the abuser (defendant) the notice of hearing and any protection orders granted by the judge. Don't attempt to serve the documents yourself. Leave that task to the Sheriff.
  4. Attend the hearing – this is where you prove your case to obtain a final protection order.

Ensure to provide all available evidence, such as photos, video footage, tattered clothing, expert reports, and witnesses. Failure to attend the hearing will invalidate the current process, and you'll have to start afresh. Additionally, the judge can either grant the order or postpone the hearing (continuance) if the defendant fails to show up.

This process looks and sounds very simple, right? Wrong!

For starters, you will have to fill out numerous forms correctly. You have to contact other people at the clerk's office, which poses a health and safety risk for you and your family.

You require a lot of time and resources for the whole process. You cannot afford to be out of work for the whole process. Sure, you might source the forms online, but do you have the skills to do that?

What if you bump into your abuser in the process?

The truth is, there are many variables if you decide to obtain the protection order on your own.

Don't take that risk. Let DoNotPay handle the whole process for you for higher chances of success.

What Happens after a Restraining Order Hearing in Kansas?

After the Kansas restraining order hearing, two things can happen:

  • The judge grants you the order.
  1. Scrutinize the document to ensure you understand and ask the clerk any questions for clarification
  2. Make copies to all relevant parties, including the restricted person, if they were a no-show.
  3. Carry a copy of the order with you at all times
  • The judge denies you the order. If this happens, you can:
  1. Contact a lawyer for further assistance
  2. File an appeal in a higher court
  3. Seek assistance from nonprofits and abuse programs and shelters, especially if you feel you and your children and in immediate danger
  4. Get in touch with DoNotPay for better chances.

File and Obtain a Restraining Order in Kansas Using DoNotPay

Unfortunately, obtaining a restraining order in Kansas, whether it's your first time or not, is challenging. Worst case scenario, the judge might deny your application.

Reduce the chances of such happening by using DoNotPay in these three easy steps:

  1. Search for relationship protection on DoNotPay.

     

  2. Answer a few easy questions on our File a Restraining Order product.

     

  3. Submit the form and you’re done!

     

And that’s it! DoNotPay will compile for you the forms you need to fill out and give you detailed instructions for how to file for a restraining order in your jurisdiction. Stay safe!

Why Use DoNotPay to Obtain a Kansas Restraining Order?

Your safety plays a key role in your overall well-being and that of your dependents, hence our restraining order product.

We understand the challenges of obtaining a restraining order in Kansas. That's why our platform is:

  • Super-fast and convenient with a few forms to fill, easy peasy
  • Save time and resources
  • Improve your chances of success
  • Straightforward processes
  • Connect to multiple entities within the platform with a click of a button

What Else Can DoNotPay Do?

Finally, obtaining a Kansas restraining order is a challenge you can now put behind you. As that worry about your safety is wearing off, other challenges are waiting in line for your attention.

Don't sweat it; you know we got your back. From Negotiating Your Hotel Bill, Report Animal Abuse to Request Jury Duty Leave, we can help you with other issues such as:

Sign up with DoNotPay today!

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