Final Order Protection From Abuse (Mutual Order)

Rev. 7/2018 KSJC Page 1 of 5 IN THE DISTRICT COURT OF COUNTY, KANSAS Protection from Abuse (K.S.A. 60-3101 et seq.) Mutual Order of Protection from Abuse Judge or Division: Ca se Number: Court ORI Number: Plaintiff: Address vs. Pla intiff Identifiers: SEX RACE YOB HT WT HAIR EYES LAST 4 DIGITS OF SSN (IF KNOWN) DRIVERS LICENSE # DL STATE DL EXP. DATE 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 Relationship between Plaintiff and Defendant: are in a dating relationship have been in a dating relationship reside together formerly resided together have a child in common Appearances: Plaintiff Plaintiff222s Attorney Defendant Defendant222s Attorney Protected Person(s): (Only the party, or parties, initialed by the judge are protected person(s).) Plaintiff, (name of plaintiff) Defendant, (name of defendant) The following child(ren): Child222s Name Sex Child222s Year of Birth 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. American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2018 KSJC Page 2 of 5 The Court F inds: (Only t he 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 . 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: Plaintiff222s Defendant222s address and telephone number shall remain confidential for the protection of the protected person(s). Under Kansas law and in order to comply with 18 U.S.C. 247 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; American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2018 KSJC Page 3 of 5 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 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 ] 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 threaten a member of the protected person222s family or household. [ NCIC 02 ] Neither party shall 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. [ NCIC 04 ] Neither party shall contact the protected person(s), either directly or indirectly, in any manner, except as authorized by the court in paragraph 9(b) of this order. [ NCIC 05 ] Neither party shall contact, in any manner, the protected person222s employer, employees, fellow workers, or others with whom the communication would be likely to cause annoyance or alarm to the protected person. [ NCIC 05 ] Neither party shall 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 9(b) of this order. [ NCIC 05 ] 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 party222s 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. 247 2265. This Court has jurisdiction of the parties and the subject matter; the parties have bee n afforded notice and a timely opportunity to be heard as p rovided 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. 247 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. 60 - 3107(d). The Protection from Abuse Act does not prohibit granting possession of a leas ehold to either party.) 1. 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 and prevent Plaintiff from interfering with Defendant222s removal of the above mentioned possessions. Once the possessions are removed, law enforcement officials are directed to remove Defendant from the residence, and to ensure that Defendant does not enter or re-enter the premises or any other residence Plaintiff may occupy. [NCIC 08 ] 2. Defendant is granted exclusive possession of the residence located at: . [ NCIC 03 ] Plaintiff shall immediately move from the residence and may take only personal effects and clothing for P laintiff and any child(ren) in Plaintiff222s custody. Law enforcement officials are directed to enter the residence with Plaintiff and prevent Defendant from interfering with Plaintiff222s removal of the above mentioned possessions. Once the possessions are removed, law enforcement officials are directed to remove P laintiff from the residence, and to ensure that Plaintiff does not enter or re-enter the premises or any other residence Defendant may occupy. [NCIC 08 ] American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2018 KSJC Page 4 of 5 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 order222s 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 describedabove. [ 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),