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Final Protection From Abuse Order Form. This is a Kansas form and can be use in District Court Statewide.
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Tags: Final Protection From Abuse Order, Kansas Statewide, District Court
IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS
____________________, Plaintiff
vs.
Case No. _______________
____________________, Defendant
FINAL ORDER - PROTECTION FROM ABUSE
INFORMATION ABOUT DEFENDANT: Race _________________ Sex _________________
Date of Birth __________________ Social Security Number ________________________
THIS FINAL ORDER SHALL EXPIRE AT MIDNIGHT ON ____________________ UNLESS
EXTENDED OR MODIFIED BY THIS COURT.
On this date, ____________________, plaintiff’s petition for protective orders comes for
consideration under the provisions of K.S.A. 60-3101, et seq.
The plaintiff appears: __ in person __ and pro se
__ by his/her attorney _________________________
The defendant appears: __ not, but was duly served and is otherwise in default
__ in person __ and pro se
__ by his/her attorney _________________________
WHEREAS, the plaintiff filed a verified petition for issuance of protective orders, and the cause
has been heard after duly serving and notifying the defendant, and the plaintiff has proved the allegations
of the abuse by the preponderance of the evidence;
IT IS THEREFORE BY THE COURT ORDERED:
1.
This final order of protection supersedes the ex parte order of protection or any other temporary
or emergency order previously entered by the Court and serves as notice of termination thereof
upon service of this final order upon the defendant.
2.
The defendant shall not abuse, molest, or interfere with the privacy or rights of the plaintiff, the
plaintiff' child(ren) or the minor child(ren) residing with the plaintiff, wherever they may be.
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This means no contact with the plaintiff, directly or indirectly, by the defendant or by someone
at the defendant’s direction or request, except as authorized by the Court in this Order.
3.
The defendant shall not enter or come on or around the premises or the residence or workplace
where the plaintiff resides, stays or works.
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4.
_______ (CHECK IF APPLICABLE) The plaintiff is granted exclusive possession of the
residence located at:
_______ (CHECK IF APPLICABLE)
The plaintiff’s ____ address and ____ telephone number must remain confidential for the
protection of the plaintiff, plaintiff’s child(ren) or the minor child(ren) residing with plaintiff.
If the plaintiff is granted exclusive possession of the residence then the defendant must
immediately move from such address and take only personal clothing and effects until further order of
the court. Defendant shall not cancel utilities to such residence for 60 days following the issuance of this
order. Law enforcement officials are hereby directed to evict the defendant from such residence, and to
ensure that defendant does not enter or re-enter the premises or any other residence the plaintiff may
occupy.
5.
Law enforcement officers are directed to grant any assistance necessary to protect the plaintiff
and the plaintiff' child(ren) from abuse by the defendant, and to provide any other assistance
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necessary to enforce these orders, including the order excluding the defendant from the plaintiff'
s
place of residence, wherever it may be.
6.
_______ (CHECK IF APPLICABLE) Defendant shall provide suitable alternative housing for
the plaintiff and/or the minor children as follows: ____________________________________
__________________________________________________________________________
__________________________________________________________________________
7.
_______ (CHECK IF APPLICABLE) Physical and legal custody and residency of the minor
child(ren), named:
_________________________________________________________________________
is hereby granted to _______ plaintiff or to ________ defendant until this order expires. Rights
of visitation shall be as follows: __________________________________________________
__________________________________________________________________________
__________________________________________________________________________
NO PERSON SHALL TAKE OR CONCEAL THE
CHILD(REN) EXCEPT AS ALLOWED BY THIS ORDER.
8.
________ (CHECK IF APPLICABLE) Defendant shall pay child support as follows:
$___________ per __________, commencing on the _________ day of ______________, _____,
and payable on the __________ day of each month thereafter for a period of ____ months.
9.
________ (CHECK IF APPLICABLE) Defendant shall pay support for plaintiff as follows: $
____________ per ____________, commencing on the _________ day of ______________,
_____, and payable on the __________ day of each month thereafter for a period of ____ months.
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10.
________ (CHECK IF APPLICABLE) All child support and/or support payments shall be made
payable to the Kansas Payment Center, and each party shall inform the Kansas Payment Center
in writing of any change of name, address, and employer with business address, within seven days
of such change; income withholding to enforce such support orders shall take effect under the
laws of Kansas if there is an arrearage in an amount equal to or greater than the amount of support
payable for one month.
11.
________ (CHECK IF APPLICABLE) The personal property of the parties is divided as follows:
_________________________________________________________________________
_________________________________________________________________________
12.
________ (CHECK IF APPLICABLE) Law enforcement officers are directed to assist in
securing possession of the personal property as described above.
13.
________ (CHECK IF APPLICABLE) Defendant /plaintiff shall pay the following
plaintiff'
s/defendant' attorney fees and costs:
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__________________________________________________________________________
__________________________________________________________________________
14.
_________ (CHECK IF APPLICABLE) Defendant shall seek counseling to aid in the cessation
of abuse.
15.
_________ OTHER ORDERS:
__________________________________________________________________________
__________________________________________________________________________
16.
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 defendant has 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.
THIS ORDER IS EFFECTIVE WHEN SIGNED BY THE JUDGE. LAW ENFORCEMENT
OFFICIALS SHALL ENFORCE THE ORDER IMMEDIATELY UPON RECEIPT.
THE DEFENDANT IS HEREBY PUT ON NOTICE THAT VIOLATION OF THIS ORDER
MAY CONSTITUTE VIOLATION OF A PROTECTIVE ORDER AS PROVIDED IN K.S.A.
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21-3843. ADDITIONALLY, VIOLATION OF THS ORDER MAY CONSTITUTE ASSAULT
AS PROVIDED IN K.S.A. 21-3408, AND AMENDMENTS THERETO, BATTERY AS
PROVIDED IN K.S.A. 21-3412, AND AMENDMENTS THERETO, DOMESTIC BATTERY
AS PROVIDED IN K.S.A. 21-3412A, AND AMENDMENTS THERETO, AND MAY RESULT
IN PROSECUTION AND CONVICTION UNDER KANSAS CRIMINAL STATUTES.
IF POSSESSION OF THE RESIDENCE IS GRANTED TO THE PLAINTIFF, VIOLATION
OF THIS ORDER BY THE DEFENDANT CONSTITUTES CRIMINAL TRESPASS
PURSUANT TO K.S.A. 21-3721, AND AMENDMENTS THERETO, AND MAY RESULT IN
PROSECUTION AND CONVICTION UNDER KANSAS CRIMINAL STATUTES.
VIOLATION OF THIS ORDER MAY ALSO BE PUNISHABLE AS A CONTEMPT OF THIS
COURT.
THIS PROTECTION ORDER MAY SUBJECT THE DEFENDANT TO FEDERAL
FIREARMS RESTRICTIONS, AND VIOLATION OF THIS ORDER MAY SUBJECT
THE DEFENDANT TO 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 DOMESTIC VIOLENCE ORDER.
IT IS SO ORDERED.
_______________________________
JUDGE OF THE DISTRICT COURT
REVISED 04-10-06
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