Final Order of Protection From Abuse

Rev. 7/2019 KSJC Page 1 of 5 IN THE DISTRICT COURT OF COUNTY, KANSAS Protection from Abuse (K.S.A. 60-3101 et seq.) Final Order of Protection from Abuse Judge or Division: Case Number : Court ORI Number: Plaintiff : Relationship to Defendant: are or have been in a dating relationsh ip reside together formerly resided together have a child in common Plaintiff is filing on behalf of a minor child vs. Plaintiff Identifiers: Year of Birth Sex: (Date File Stamp) Defendant : Address Defendant Identifiers: SEX RACE YOB HT WT HAIR EYES LAST 4 DIGITS OF SSN (IF KNOWN) DRIVERS LICENSE # DL STATE DL EXP. DATE Appearances: Plaintiff Defendant Defendant Fails to Appear Plaintiff222s Attorney Defendant222s Attorney Other Protected Person(s): (Only the party, or parties, initialed by the judge are Protected Person(s).) Plaintiff, (name of Plaintiff) The following child(ren): Child222s Name Sex Child222s Year of Birth This Final Order and its terms are directed at and apply to Defendant only. (This form shall NOT be used for Mutual Protection from Abuse Orders.) This Final Order shall be effective until: , 20 . ONLY THE COURT CAN CHANGE THIS FINAL ORDER. American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2019 KSJC Page 2 of 5 The Court F inds: (Only the provision(s) initialed by the j udge 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 . 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: The matter was heard and submitted to the Court which finds Defendant was personally served and failed to appear; therefore, the court grants the petition by default. the allegations of abuse are proven by a preponderance of the evidence as required by K.S.A. 60-3106. Defendant represents a credible threat to the physical safety of the Protected Person(s). Plaintiff222s address and telephone number shall remain confidential for the protection of the Protected Person(s). Order The Court Orders: This Final Order of Protection from Abuse (223Final Order224) replaces any previous Temporary Order of Protection from Abuse entered by the Court and serves as notice of termination of that Temporary Order upon service of this Final Order on Defendant. Defendant shall not assault, threaten, abuse, harass, follow, stalk, or interfere with the privacy or rights of the Protected Person(s) wherever they may be. [ NCIC 01 & 02 ] Defendant shall not use, attempt to use, or threaten to use physical force, that would reasonably be expected to cause bodily injury, against the Protected Person(s), nor shall the Defendant engage in other conduct that would place any Protected Person(s) in reasonable fear of bodily injury. [ NCIC 01 & 02 ] Defendant shall not threaten a member of the Protected Person222s(s222) family or household. [ NCIC 02 ] Defendant shall not enter or come on or around the premises, the residence, property, school, or place of employment of the Protected Person(s) or other family or household members of the Protected Person(s). [ NCIC 04 ] Defendant shall not contact the Protected Person(s), either directly or indirectly, in any manner, except as authorized by the court in Paragraph 8(b) of this Final Order. [ NCIC 05 ] Defendant shall not contact, in any manner, the Protected Person222s(s222) employer, employees, fellow workers, or others with whom the communication would be likely to cause annoyance or alarm to the Protected Person(s). [ NCIC 05 ] Defendant shall not direct or request another to contact the Protected Person(s), either directly or indirectly, in any manner, except as authorized by the court in Paragraph 8(b) of this Final Order. [ NCIC 05 ] Law enforcement officers are directed to grant any assistance necessary to protect the Protected Person(s) from abuse by Defendant, and to provide any other assistance necessary to enforce the terms of this Final order, including the order excluding Defendant from the Protected Person(s) place of residence, wherever it may be. [ NCIC 08 ] CERTIFICATE OF COMPLIANCE WITH THE VIOLENCE AGAINST WOMEN ACT (VAWA): This Final Order meets all the requirements of the Violence Against Women Act, 18 U.S.C. 247 2265. This Court has jurisdiction of the parties and the subject matter; D efendant has been afforded notice and a timely opportunity to be heard as provided by the laws of Kansas. This Final 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. 247 2265. American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2019 KSJC Page 3 of 5 Additional terms of this Final 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. 60-3107(d). The Protection from Abuse Act does not prohibit granting possession of a leasehold to either party.) 1. Defendant owns the residence in which Plaintiff and Defendant lived together and Plaintiff and Defendant are not married to each other so the Court cannot grant Plaintiff possession of the residence. Defendant is not excluded from that residence but has an exclusive right to possession of that residence under K.S.A 60-3107(d). Defendant is entitled to the return of any means of access to that residence including residence keys and garage door openers. Plaintiff may remove the following items . [ NCIC 08 ] 2. Defendant shall provide suitable alternate housing for Plaintiff and/or the minor child(ren) by paying rent in the amount of $ per to , with the first payment due (date), or as follows: 3. Plaintiff is granted exclusive possession of the residence located at: [ NCIC 03 ] Defendant shall immediately move from the residence and may take only personal effects and clothing for Defendant and any child(ren) in Defendant222s custody. Law enforcement officials are directed to enter the residence with Defendant to prevent abuse from occurring while Defendant is present to remove those personal effects and clothing. When Defendant has finished removing those items, law enforcement officials shall remove Defendant from the residence, and ensure that Defendant does not enter or re-enter the premises or any other residence that the Protected Person(s) may occupy. [ NCIC 08 ] 4. Defendant shall not cancel any utilities to the residence granted to Plaintiff. The terms of this paragraph expire 60 days from this Final Order222s date of entry. [ NCIC 08 ] 5. Defendant shall immediately surrender to Plaintiff the following items: [ NCIC 08 ] The garage door opener for the residence; All keys to the residence; Mailbox keys; Keys to the automobile(s); Other: 6. 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 ] American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2019 KSJC Page 4 of 5 Parentage, Support and Custody: 7. Defendant shall pay spousal support to Plaintiff in the amount of $ each month for the duration of this order, with the first payment due (date). 8. For this paragraph, the Court shall initial subparagraph (a) OR subparagraph (b), but not both. a. Defendant222s 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 Defendant has no right to custody or parenting time with the following named child(ren): . [ NCIC 09 ] OR b. Defendant222s parentage of the child(ren) has bee