PFA Violation in Olathe

What is a Protection from Abuse Order?

In the state of Kansas, judges can issue what is known as protection from abuse (PFA) orders. Commonly known as a restraining order or an order of protection, PFA orders are designed to protect against "abuse," which is defined under Kansas Statutes §60-3102 as the attempt to intentionally or recklessly cause bodily injury, cause another to have fear of imminent bodily injury, and/or engage in sexual activities with a minor under 16-years-of-age who is not the offender's spouse. 

Contact Our Firm

A PFA Order Can:


  • Restrict the alleged abuser from abusing the victim through physical and emotional harassment
  • Prohibit the abuser from molesting or interfering with the alleged victim and their children
  • Order the alleged abuser to leave the home they share with the victim, not cancel any utility service, and give up the possession of the home to the victim.
  • If this is not the order, the defendant may also be required to find the alleged victim alternate housing. 
  • In cases where children are involved, the PFA order can help to establish and enforce temporary arrangements of custody and visitation rights, as well as child and spousal support.

There are also orders for protection from stalking, which falls under the state's Protection from Stalking Act.

Contact our firm to learn more about restraining orders in Olathe, KS.

Types of PFA Orders in Kansas

  • Emergency PFA Order: These are granted in situations where emergency protection is needed and the plaintiff can't wait until the courts open. These are short-term and only last until 5 p.m. the following day, which is why those who are granted emergency PFA orders are encouraged to apply for a more permanent version of the restraining order the next day at the courthouse.
  • Temporary PFA Order: If there is convincing testimony or evidence, a Kansas judge may choose to grant a temporary PFA order should they determine that someone is in immediate danger. These last for a total of 21 days and are meant to bridge the time until the final hearing takes place.
  • Final PFA Order: This is more permanent form of the protection from abuse order, and can only be granted after a final hearing. During this final hearing, both sides will be able to present their sides. If the final PFA order is granted, it will last for up to a year, with the opportunity for extension.

What Is a Mutual Order of Protection?

Although the above are the three main types of PFA order, it is important to also consider what is known as a mutual order of protection. These are granted in cases where one side seeks a PFA and the other party submits a counter-petition stating that they too have been victimized by abuse. This can be granted after a hearing where both parties present evidence, but only if the judge believes that both parties were primary causes of the aggression instead of only acting out of self-defense. In some cases, a mutual PFA order can be obtained when both parties mutually agree to it without a hearing.

What Happens if the PFA Order Is Violated?

There are serious consequences for situations where the PFA order is violated. Per Kansas Statutes §60-3107, should the defendant violate the terms of the PFA order restraining him or her from the abuse, molestation or interference with the plaintiff, it could be considered assault or battery under the law. If the defendant was excluded from their residents or household, and they violate this term, it could be considered criminal trespass. Additionally, violations of the initial PFA order can result in an extension of the original order, up to a possible lifetime restriction. These are serious criminal charges which can carry harsh penalties, especially if they are charged in tandem with domestic violence. For this reason, if you have had a PFA order taken out against you, it is crucial that no time is wasted in getting the involvement of a high-quality Olathe criminal defense lawyer from Garretson & Toth, LLC

Contact us today at (913) 971-0296 for experienced defense attorneys in Olathe!

  • “Scott's legal skills & finesse, courtroom experience, and commitment to this case were critical.”

  • “Because of you we have our son back with us, in our lives, every day, to touch, hug and converse with.”

  • “Your professionalism and compassion were outstanding.”

  • “I think you did a great job of making certain that the jurors kept their eye on the facts.”

  • “In our eyes, you went above and beyond what a lawyer usually does in a case.”

/

WHY DO CLIENTS
CHOOSE OUR FIRM?

We Are Dedicated To the Success of Our Clients
  1. 1
    Aggressively Defending Our Clients for Over 57 Years
  2. 2
    We Provide a Unique and Specialized Experience for Each Client Facing Criminal Charges
  3. 3
    Our Firm Provides a Confidential Free Case Consultations
  4. 4
    We Are Accessible to Our Clients and Will Return All Calls the Same Day
  5. 5
    Our Team Is Committed to Obtaining the Best Possible Outcome for Our Clients
  6. 6
    We Are Former Prosecutors, Armed With Invaluable Insights
EXPERIENCE YOU
 CAN COUNT ON

If You Are Facing Criminal Charges, Our Team is Ready to Help You.

Request Your Free Consultation

Fill out the contact form or call (913) 971-0296 to speak with someone directly.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.