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Final Order Protection From Abuse (Mutual Order) Form. This is a Kansas form and can be use in District Court Statewide.
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Tags: Final Order Protection From Abuse (Mutual Order), Kansas Statewide, District Court
IN THE DISTRICT COURT OF
Protection from Abuse (K.S.A. 60-3101 et seq.)
COUNTY, KANSAS
(Date File Stamp)
Mutual Order of Protection from Abuse
Judge or Division:
Case Number:
Court ORI Number:
Plaintiff:
Plaintiff Identifiers:
SEX
HAIR
Address
RACE
EYES
DRIVERS LICENSE #
vs.
Defendant:
YOB
HT
WT
LAST 4 DIGITS OF SSN
DL STATE
DL EXP. DATE
Defendant Identifiers:
SEX
HAIR
Address
RACE
EYES
DRIVERS LICENSE #
YOB
HT
WT
LAST 4 DIGITS OF SSN
DL STATE
DL EXP. DATE
Relationship between Plaintiff and Defendant:
are or
have been in a dating relationship
reside together or
formerly resided together
have a child in common
Appearances:
Plaintiff
Plaintiff’s Attorney
Defendant
Defendant’s Attorney
Protected Person(s):
Plaintiff
Plaintiff’s child(ren)
Minor child(ren) residing with the plaintiff
Defendant
Defendant’s child(ren)
Minor child(ren) residing with the defendant
(Only the party, or parties, initialed by the judge are protected person(s).)
This order and its terms are directed at and apply to both Plaintiff and Defendant.
This order shall be effective until:
, 20
.
ONLY THE COURT CAN CHANGE THIS ORDER.
The Court Finds: (Only the provision(s) initialed by the judge apply.)
Plaintiff filed a written verified petition on
, 20
requesting an Order of Protection from Abuse. Prior
to this hearing, Defendant was given reasonable notice of the date set for the hearing, together with a copy of the petition and
any ex parte order of protection from abuse, by personal service on
, 20
.
Defendant filed a written verified counter-petition on
, 20
requesting an Order of Protection from
Abuse. Prior to this hearing, Plaintiff was given reasonable notice of the date set for the hearing, together with a copy of the
petition and any ex parte order of protection from abuse, by personal service on
, 20
.
This court has jurisdiction over Plaintiff, Defendant and subject matter.
This court has child custody jurisdiction because
it is home state,
there is no home state and Kansas has significant
connections with the child(ren),
temporary emergency jurisdiction,
other:
.
Plaintiff’s
Defendant’s
protected person(s).
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address and
telephone number shall remain confidential for the protection of the
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Under Kansas law and in order to comply with 18 U.S.C. § 2265, the following findings are required for mutual orders of
protection from abuse :
K.S.A. 60-3107(b) requires the court to make specific findings of abuse against both the plaintiff and the defendant
and determine that both parties acted primarily as aggressors and neither party acted primarily in self-defense.
Based on the following facts, the court finds that Plaintiff abused Defendant;
.
Based on the following facts, the court finds that Defendant abused Plaintiff;
.
Based on the following facts, the court has determined that Plaintiff did not act primarily in self-defense;
.
Based on the following facts, the court has determined that Defendant did not act primarily in self-defense;
.
Based on the following facts, the court has determined that both Plaintiff and Defendant acted primarily as aggressors;
.
Order
The Court Orders:
This Final Mutual Order of Protection from Abuse replaces any previous Temporary Order of Protection from Abuse entered by
the court and serves as notice of termination of that order upon service of this final order on both parties.
Neither party shall abuse, molest, or interfere with the privacy or rights of the protected person(s) wherever they may be. [ NCIC
01 & 02 ]
Neither party shall use, attempt to use, or threaten to use physical force, that would reasonably be expected to cause bodily injury,
against the protected person(s). [ NCIC 01 & 02 ]
Neither party shall contact the protected person(s), either directly or indirectly, except as authorized by the court in paragraph 9(b)
of this order. [ NCIC 04 & 05 ]
Neither party shall direct or request another to contact the protected person(s), either directly or indirectly, except as authorized
by the court in paragraph 9(b) of this order. [ NCIC 04 & 05 ]
Neither party shall enter or come on or around the premises, the residence or workplace where the protected person(s) resides,
stays or works. [ NCIC 04 ]
Law enforcement officers are directed to grant any assistance necessary to protect the parties and the minor child(ren) from abuse,
and to provide any other assistance necessary to enforce these orders, including the order excluding one party from the other
party’s place of residence, wherever it may be. [ NCIC 08 ]
CERTIFICATE OF COMPLIANCE WITH THE VIOLENCE AGAINST WOMEN ACT (VAWA): This Order meets all the
requirements of the Violence Against Women Act, 18 U.S.C. § 2265. This Court has jurisdiction of the parties and the subject
matter; the parties have been afforded notice and a timely opportunity to be heard as provided by the laws of Kansas. This Order is
enforceable in all 50 states, the District of Columbia, all Indian tribal courts and all United States territories and shall be enforced as
if it were an order of that jurisdiction pursuant to 18 U.S.C. § 2265.
Additional terms of this order are set forth below. (Only the provision(s) initialed by the judge apply.)
Housing and Property: (If the parties to this action are not married to each other and one party owns the residence or
household, the court shall not grant possession of the residence or household to the exclusion of the party who owns it. K.S.A. 603107(d). The Protection from Abuse Act does not prohibit granting possession of a leasehold to either party.)
1. The plaintiff is granted exclusive possession of the residence located at:
. [ NCIC 03 ]
The defendant shall immediately move from the residence and may take only personal effects and clothing for the
defendant and any child(ren) in the defendant’s custody. Law enforcement officials are directed to enter the residence with
the defendant and prevent the plaintiff from interfering with the defendant’s removal of the above mentioned possessions.
Once the possessions are removed, law enforcement officials are directed to remove the defendant from the residence,
and to ensure that Defendant does not enter or re-enter the premises or any other residence the plaintiff may occupy. [NCIC
08 ]
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2. The defendant is granted exclusive possession of the residence located at:
. [ NCIC 03 ]
The plaintiff shall immediately move from the residence and may take only personal effects and clothing for the
plaintiff and any child(ren) in the plaintiff’s custody. Law enforcement officials are directed to enter the residence with
the plaintiff and prevent the defendant from interfering with the plaintiff’s removal of the above mentioned possessions.
Once the possessions are removed, law enforcement officials are directed to remove the plaintiff from the residence,
and to ensure that Plaintiff does not enter or re-enter the premises or any other residence the defendant may occupy. [NCIC
08 ]
3. Neither Plaintiff or Defendant shall cancel utilities to the residence granted to the other party. The terms of this paragraph
expire 60 days from this order’s date of entry. [ NCIC 08 ]
4. The personal property of the parties is divided as follows:
.
Law enforcement officers are directed to assist in securing possession of the personal property as described above. [ NCIC
08 ]
5.
Plaintiff
Defendant shall provide suitable alternate housing for the other party and/or the minor child(ren) by paying
rent at a residence, other than the residence previously shared with the other party, in the amount of $
per
to
, with the first payment due
(date), or as follows:
.
6. Plaintiff shall surrender immediately to the defendant the following items: [ NCIC 08 ]
The garage door opener for the residence of the defendant;
All keys to the residence of the defendant;
Mailbox keys belonging to the defendant;
Keys to the
automobile(s);
Other:
.
7. Defendant shall surrender immediately to the plaintiff the following items: [ NCIC 08 ]
The garage door opener for the residence of the plaintiff;
All keys to the residence of the plaintiff;
Mailbox keys belonging to the plaintiff;
Keys to the
automobile(s);
Other:
.
Parentage, Support and Custody:
8.
Plaintiff
Defendant shall pay spousal support to the other party in the amount of $
each month for the
duration of this order, with the first payment due
(date).
9. For this paragraph, the Court shall initial subparagraph (a) OR subparagraph (b), but not both.
a.
Plaintiff’s
Defendant’s parentage of the child(ren) has not been established through a marriage of the parties or
pursuant to the Kansas Parentage Act, K.S.A. 23-2201 et seq., and
Plaintiff
Defendant has no right to custody or
parenting time with the following named child(ren):
. [ NCIC 09 ]
b.
Plaintiff’s
Defendant’s parentage of the child(ren) has been established through the marriage of the parties or
pursuant to the Kansas Parentage Act, K.S.A. 23-2201 et seq., and the following custody and parenting time orders are
entered:
i. Temporary legal custody and residency of the following named minor child(ren):
.
shall be:
Joint legal custody between the plaintiff and defendant until this order expires [ NCIC 06 ]; or,
Sole legal custody granted to
Plaintiff [ NCIC 09 ]
Defendant [ NCIC 09 ] until this
order expires.
ii. Rights of temporary parenting time shall be as follows:
Plaintiff and Defendant shall have parenting time as described in the attached parenting plan [ NCIC 06 ];
Plaintiff
Defendant shall have no parenting time [ NCIC 09 ];
Plaintiff
Defendant shall have supervised parenting time as follows:
[ NCIC 06 and 08 ];
Plaintiff and Defendant shall exchange the minor child(ren) for parenting time at:
. [ NCIC 08 ]
10.
Plaintiff
Defendant is the presumed or established parent and child support is ordered in accordance with the
attached Child Support Addendum.
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Other Provisions:
11.
12.
Plaintiff
Plaintiff
Defendant shall seek counseling to aid in the cessation of abuse.
Defendant shall pay the following attorney fees and costs: $
.
13. Other orders necessary to promote the safety of the protected person(s): [ NCIC 08 ]
Plaintiff
Defendant shall surrender any firearms to
[ NCIC 07 ]
SO ORDERED:
Date
Judge of the District Court
WARNINGS TO PARTIES
This order is effective when signed by the judge. Law enforcement officials shall immediately enforce this order.
Violation of this order may constitute: violation of a protective order as provided in K.S.A. 21-5924, and amendments
thereto; assault as provided in K.S.A. 21-5412(a), and amendments thereto; battery as provided in K.S.A. 21-5413(a), and
amendments thereto; and domestic battery as provided in K.S.A. 21-5414, and amendments thereto, and may result in
prosecution and conviction under Kansas criminal statutes.
If possession of the residence is granted to one party, violation of this order by the other party constitutes criminal trespass
pursuant to K.S.A. 21-5808(a)(1)(C), and amendments thereto, and may result in prosecution and conviction under Kansas
criminal statutes.
Violation of this order may also be punishable as contempt of this court.
If either party has a concealed carry license, that license is subject to revocation pursuant to K.S.A. 75-7c07, and
amendments thereto. After a party’s concealed carry license has been revoked, continuing to carry a concealed weapon
may constitute a violation of K.S.A. 21-6302, and amendments thereto.
This protection order may subject both parties to federal firearms restrictions under 18 U.S.C. § 922(g)(8), and violation of
this order may result in prosecution for such federal crimes, including but not limited to: Firearms possession; Interstate
travel to commit domestic violence; Interstate stalking; and Interstate violation of a protection order.
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