Temporary Order Of Protection From Abuse

Rev. 07/2019 KSJC Page 1 of 5 IN THE DISTRICT COURT OF COUNTY, KANSAS Protection from Abuse (K.S.A. 60-3101 et seq.) Temporary Order of Protection from Abuse Judge or Division: Case Number: Court ORI Number: Plaintiff : Relationship to Defendant : are or have been in a dating relationship 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 Protected Person(s): (Only the party, or parties, initialed by the judge are Protected Person (s).) Plaintiff, (name of plaintiff) The following child(ren): Year of Birth This order and its ter ms are directed at and apply to Defendant only. T HIS TEMPORARY ORDER SHALL REMAIN IN EFFECT UNTIL SERVICE OF TH E FINAL ORDER OR UNTIL TERMINATED BY ORDER OF THE COURT. ONLY THE COURT CAN CHANGE THIS ORDER. American LegalNet, Inc. www.FormsWorkFlow.com Rev. 07/2019 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 a Temporary Order of Protection f rom Abuse . Plaintiff has shown the statutorily required relationship between Plaintiff and minor child(ren). This c ourt has jurisdiction over Plaintiff, Defendant and subject matter. This c ourt has child custody jurisdiction because it is home state, there is no home state and Ka nsas has significant c onnections with the child(ren) , temporary emergency jurisdiction, other : Plaintiff has established good cause for the court to issue a temporary o rder of protection from abuse. A hearing has been set for , 20 , at : a.m. p.m., at (Court) and summons has been issued. address and telephone number shall remain confidential for the protection of the Protected Person (s). Order The Court O rders: Defendant shall not abuse, molest, 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). [ NCIC 01 & 02 ] Defendant shall not contact the Protected Person (s), either directly or indirectl y, except as authorized by the c ourt in P aragraph 3(b) of this order. [ NCIC 04 & 05 ] Defendant shall not direct or request another to contact the Protected Person (s), either directly or indirectl y, except as authorized by the c ourt in P aragra ph 3(b) of this order. [ NCIC 04 & 05 ] Defendant shall not 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 Protected Person (s) from abuse by Defendant , and to provide any other assistance necessary to enforce these orders, including the order excluding Defendant from the Prot ected Person (s) place of residence, wherever it may be. [ NCIC 08 ] American LegalNet, Inc. www.FormsWorkFlow.com Rev. 07/2019 KSJC Page 3 of 5 CERTIFICATE OF COMPLIANCE WITH THE VIOLENCE AGAINST WOMEN ACT (VAWA): This Order meets all the r equirements of the Violence Against Women Act, 18 U.S.C. 247 2265. This Court has jur isdiction of the parties and the subject matter; 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. 247 2265. Addi tional terms of this order are set forth below. (Only th e provision ( s ) initialed by the j udge apply.) Housing and Property : 1. The plaintiff is granted exclusive possession of the residence located at: . [ NCIC 03] If the plaintiff is granted exclusive possession of the residence , Defendant shall immediately move from the residence and may take only personal clothing and effects until further order of the court. Law enforcement officials are directed to remove Defendant from the residence, and to ensure that D efendant does not enter or re - enter the premises or any other r esidence the plain tiff may occupy. 2. Defendant shall not cancel utilities to the residence. The terms of this paragraph expire 60 days from date of entry. [ NCIC 08 ] Parentage and Custody: 3 . For this p aragraph , the c ourt shall initial subparagraph (a) OR subparagraph (b) , but not both . a. ( ren ) has not been established through a marriage of the parties or pursuant to the K a nsas 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 ) : b. child(ren) has been established through the marriage of the parties or pursuant to the Kan sas Parentage Act, K.S.A. 23 - 2201 et seq ., and the following custody an d parenting time orders are entered: i. Temporary legal custody and residency of the following named minor child(ren): [ NCIC 09 ] shall be: Joint legal custody between the plaintiff and defe ndant until this order expires; OR Sole legal custody granted to Plaintiff Defendant until this order expires. [ NCIC 06 ] American LegalNet, Inc. www.FormsWorkFlow.com Rev. 07/2019 KSJC Page 4 of 5 ii. Rights of temporary parenting time shall be as follows: [ NCIC 06 ] Defendant shall have no parenting time; Defendant shall have supervised parenting time as follows: ; Plaintiff and Defendant shall have parenting time as follows: iii. Plaintiff and Defendant shall exchange the minor child(ren) for parenting time at: 4. Law Enforcement shall assist Plaintiff in obtaining physical custody of the minor child (ren). SO ORDERED: Date Judge of the District Court WARNINGS TO DEFENDANT This order i s effective when signed by the ju dge. Law enforcement officials shall immediately enf orce this order . V iolation 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 theret o ; batte ry 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 the plaintiff, violation of this order by Defendant constitutes criminal trespass pursuant to K.S.A. 21 - 5808(a)(1)(C) , and amendments thereto , and may result in prosecution and c onviction under Kansas criminal statutes. Violation of this order may also be punishable as contempt of this c ourt. If Defendant has a concealed carry license, that license is subject to revocation pursu ant to K.S.A. 75 - 7c07 , and amendments thereto . After a d continuing to carry a concealed weapo n may constitute a violation of K.S .A. 21 - 6302 , and amendments thereto . V iolation of this order may subject Defendant to prosecution for such federal crimes, including but not limited to: Interstate travel to commit domestic violence; Interstate stalking; and Interstate violation of a prote ction order. Notice of Extension of this Temporary Order (Pursuant to K.S.A. 60 - 3106) If a hearing on the petition for protection is continued, the court may extend this Temporary Order of Protection from Abuse for additional periods of time as it deems necessary. American LegalNet, Inc. www.FormsWorkFlow.com Rev. 07/2019 KSJC Page 5 of 5 Notice of Default (Pursuant to K.S.A. 60 - 255) If you fail to appear at the hearing, a default order may be entered against you and this Temporary Order of Protection from Abuse may turn into a Final Protection from Abuse without further notice to you. American LegalNet, Inc. www.FormsWorkFlow.com