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Notice Of Hearing And Temporary Orders Of Protection Form. This is a Kansas form and can be use in District Court Statewide.
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Tags: Notice Of Hearing And Temporary Orders Of Protection, Kansas Statewide, District Court
IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS
____________________, Plaintiff
vs.
Case No. _______________
____________________, Defendant
NOTICE OF HEARING AND
TEMPORARY ORDERS OF PROTECTION
To defendant (name):
________________________________________________________________________
You may appear in this Court as follows to give any evidence you may have why orders
sought in the petition should not be granted.
Date: ______________________________
Time: ______________________________
Place: ______________________________
______________________________
If you do not attend the hearing, final orders may be made against you. You have the right to
appear and oppose the petition with or without an attorney.
TEMPORARY ORDERS OF PROTECTION
INFORMATION ABOUT DEFENDANT: Race _________________ Sex _________________
Date of Birth __________________ Social Security Number ________________________
THIS TEMPORARY ORDER SHALL REMAIN IN EFFECT UNTIL SERVICE OF THE FINAL
ORDER IS EFFECTUATED UNLESS OTHERWISE TERMINATED BY ORDER OF THE COURT.
On this date, ______________________, plaintiff's petition for temporary orders of protection
comes for consideration under the provisions of K.S.A. 60-3101, et seq.
After considering the verified petition filed with the court by the plaintiff, the court finds that:
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(1) The plaintiff has established good cause for the court to issue a temporary order of protection
from abuse.
(2) Including this petition, the plaintiff has not filed more than two actions under the Protection
from Abuse Act in the past twelve months which did not involve abuse of minor children.
IT IS THEREFORE BY THE COURT ORDERED THAT:
1.
The defendant shall not abuse, molest, or interfere with the privacy or rights of the plaintiff, the
plaintiff's minor child(ren) or the minor child(ren) residing with the plaintiff, wherever they may
be. 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.
2.
The defendant shall not enter or come on or around the premises or the dwelling or workplace
where the plaintiff resides, stays or works.
3.
_______ (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. Law enforcement officials are hereby
directed to evict the defendant from such residence, and to ensure that defendant does not enter or reenter the premises or any other residence the plaintiff may occupy.
(COMPLETE IF APPLICABLE)
4.
Care, custody and control of the following minor child(ren) are temporarily awarded to
_________ plaintiff or __________ defendant:
__________________________________________________________________________
__________________________________________________________________________
5.
Other:_____________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
6.
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
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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.
21-3843. ADDITIONALLY, VIOLATION OF THIS 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.
IT IS SO ORDERED.
_________________________________
JUDGE OF THE DISTRICT COURT
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