Kansas > Statewide > District Court > Protection From Abuse
Final Order Protection From Abuse (Mutual Order) - Kansas
| Final Order Protection From Abuse (Mutual Order) Form. This is a Kansas form and can be used in Protection From Abuse District Court Statewide . |
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IN THE DISTRICT COURT OF Protection from Abuse (K.S.A. 60-3101 et seq.) COUNTY, KANSAS (Date File Stamp) Mutual Order of Protection from Abuse Judge or Division: Case Number: Court ORI Number: Plaintiff: Plaintiff Identifiers: SEX Address HAIR RACE EYES YOB HT WT LAST 4 DIGITS OF SSN DL STATE DL EXP. DATE DRIVERS LICENSE # vs. Defendant: Defendant Identifiers: SEX RACE EYES YOB HT WT Address HAIR LAST 4 DIGITS OF SSN DL STATE DL EXP. DATE DRIVERS LICENSE # Relationship between Plaintiff and Defendant: are or have been in a dating relationship reside together or formerly resided together have a child in common Appearances: Plaintiff Plaintiff's Attorney Defendant Defendant's Attorney Protected Person(s): Plaintiff Plaintiff's child(ren) Minor child(ren) residing with the plaintiff Defendant Defendant's child(ren) Minor child(ren) residing with the defendant (Only the party, or parties, initialed by the judge are protected person(s).) This order and its terms are directed at and apply to both Plaintiff and Defendant. This order shall be effective until: ONLY THE COURT CAN CHANGE THIS ORDER. The Court Finds: (Only the provision(s) initialed by the judge apply.) , 20 . 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: . Plaintiff's Defendant's protected person(s). address and telephone number shall remain confidential for the protection of the 07/01/2012 Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com Under Kansas law and in order to comply with 18 U.S.C. § 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; . 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 abuse, molest, 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 contact the protected person(s), either directly or indirectly, except as authorized by the court in paragraph 9(b) of this order. [ NCIC 04 & 05 ] Neither party shall direct or request another to contact the protected person(s), either directly or indirectly, except as authorized by the court in paragraph 9(b) of this order. [ NCIC 04 & 05 ] Neither party shall 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 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 party's 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. § 2265. This Court has jurisdiction of the parties and the subject matter; the parties have 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. 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. 603107(d). The Protection from Abuse Act does not prohibit granting possession of a leasehold to either party.) 1. The plaintiff is granted exclusive possession of the residence located at: . [ NCIC 03 ] The defendant shall immediately move from the residence and may take only personal effects and clothing for the defendant and any child(ren) in the defendant's custody. Law enforcement officials are directed to enter the residence with the defendant and prevent the plaintiff from interfering with the defendant's removal of the above mentioned possessions. Once the possessions are removed, law enforcement officials are directed to remove the defendant from the residence, and to ensure that Defendant does not enter or re-enter the premises or any other residence the plaintiff may occupy. [NCIC 08 ] 07/01/2012 Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com 2. The defendant is granted exclusive possession of the residence located at: . [ NCIC 03 ] The plaintiff shall immediately move from
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