What Is a Protective Order?
In Kansas, protective orders are issued by the court in an effort to prevent an abused individual from having to endure any further acts of domestic violence or stalking.
How to Get a Protective Order
In order for the victim to obtain a restraining order, however, they must be able to show that an intimate partner or another member of their household has:
- a) caused them serious bodily injury
- b) threatened to cause them bodily injury
- c) engaged in unlawful sexual acts with a minor under the age of 16—which, in this case, cannot be the spouse of the offender.
How Long Does an Order of Protection Last?
If granted, the abuser would be prohibited from coming into contact with the individual who is protected by the order, either on a temporary basis of 21 days or an extended basis of 1 to 2 years.
Although the specifics of each case will vary, both parties will usually be required to come to an agreement on the matters of their housing situation, child custody arrangement, shared property division, etc. Once all of these issues are sorted out, both the "victim" and the "offender" will be responsible for upholding their end of the agreement.
What Happens if You Violate a Protection Order?
Should the offender violate any of the terms outlined in the protective order, they could face serious legal consequences. According to Kansas Code §21-3843 (Violation of a Protective Order), any subsequent violation of this court order is a class A person misdemeanor. This may result in a sentence of up to 1 year in county jail and the payment of a decided fine, according to Kansas Code §21-4502.
Are You Being Charged with a Protection Order Violation? Contact Our Firm Now
If you have been accused of violating a protective order that has been filed against you, you should not hesitate to get in touch with a criminal attorney at Garretson & Toth, LLC as soon as possible. Although it may not seem like a big deal, it is important to understand that you could be sentenced to time behind bars. Since the severity of your punishment is up to the discretion of the court, you should not attempt to undergo this process alone. With an experienced lawyer in your corner, you can push for leniency or even move to have the charges against you dismissed. For this reason, we encourage you to call our firm at (913) 971-0296 for a free initial consultation.