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Petition For Protection From Abuse - Kansas

Petition For Protection From Abuse Form. This is a Kansas form and can be used in Miscellaneous 7th Judicial District (Douglas County) Local District Court .
 Fillable pdf Last Modified 8/10/2012
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You must provide a government-issued ID in order to have your signature notarized. Petitions will not be filed without a notarized signature. GENERAL INSTRUCTIONS FOR THOSE SEEKING A PROTECTION FROM ABUSE ORDER NOTICE The protection from abuse process is designed to provide quick and immediate protection. However, the process may require time, expertise, or more than one hearing. If you have questions, you should seek help from an attorney or victim services advocate. The Kansas Crisis Hotline (1-888-363-2287) or Kansas Legal Services (1-800-723-6953) may be able to help you find an attorney or advocate. These are basic forms and they do not cover every situation. The Clerk of the District Court cannot help you with these forms. The Clerk cannot give legal advice to you or tell you about your rights or responsibilities. The Clerk can only provide very limited information about the protection order process. You can find more information about protection from abuse at http://www.kcsdv.org/pfa.html. 1. You may seek a protection from abuse order: a. For yourself; or, b. For yourself and your minor child(ren); or, c. For only your child(ren) or other minor child(ren) who reside with you. For each person for whom protection is sought, Kansas law requires a former or current "intimate partner or household member" relationship with the defendant. "Intimate partner or household member" relationship means: a. Persons who are in a dating relationship (a social relationship of a romantic nature); or, b. Persons who have been in a dating relationship; or, c. Persons who live together; or, d. Persons who have lived together; or, e. Persons who have had a child in common. 3. Each person needing protection must have been abused. This means that one of the following must have occurred: a. The defendant physically hurt you or a minor child on purpose; or, b. The defendant tried to physically hurt you or a minor child; or, c. The defendant threatened to physically hurt you or a minor child; or, d. The defendant engaged in sexual conduct (touching or sexual intercourse) with a minor child under 16 years of age. 2. 05/27/09 1 American LegalNet, Inc. www.FormsWorkFlow.com 4. You must notify the defendant by personal service that you have filed a Petition for a Protection from Abuse Order. To obtain personal service, you must fill out a Request for Service Form, requesting that the sheriff deliver the Petition for Protection from Abuse to the defendant. 5. If the defendant is a minor, you must complete the Minor Defendant Addendum. Petitions, Motions and Temporary Protection from Abuse Orders filed against a minor defendant must be served by serving the minor and: a. The minor's guardian or conservator, if any; or, b. The minor's father or mother; or, c. A person having the minor's care or control; or, d. A person with whom the minor resides. If service cannot be made upon any of these people, then service may be obtained as provided by order of the judge. 6. You should be available to testify at future hearings as set by the judge. If you fail to appear, the case may be dismissed. A Final Protection from Abuse Order will expire after one year or on the date stated in the order unless you request an extension or modification from the court before the order expires. If you are the defendant and you want an order restraining the plaintiff from abuse, you must file a written counter petition. If you decide to seek child support, it is highly recommended that you seek the advice of an attorney. In order to obtain child support, you must complete a Domestic Relations Affidavit and a Child Support Worksheet and attach them to the Petition for Protection from Abuse. If the court grants child support, the court will complete the Child Support Addendum and attach it to the Final Protection from Abuse Order. You will then need to complete a Kansas Payment Center Form, attach it to a copy of the Final Protection from Abuse Order including the Child Support Addendum and provide it to the Clerk of the District Court. 7. 8. 9. 05/27/09 2 American LegalNet, Inc. www.FormsWorkFlow.com IN THE DISTRICT COURT OF DOUGLAS COUNTY, KANSAS ____________________, Plaintiff vs. ____________________, Defendant Case No. _______________ PROTECTION FROM ABUSE CONFIDENTIAL ADDRESS FORM (K.S.A. 60-3104(e)) NOTE: IF THE COURT FINDS THAT THE PLAINTIFF'S ADDRESS AND TELEPHONE NUMBER NEED TO REMAIN CONFIDENTIAL FOR THE PROTECTION OF THE PLAINTIFF OR THE MINOR CHILD(REN), THIS FORM WILL BE SHOWN ONLY TO AUTHORIZED COURT OR LAW ENFORCEMENT PERSONNEL AND WILL NOT BE DISCLOSED TO THE PUBLIC OR TO THE DEFENDANT. IT IS THE PLAINTIFF'S RESPONSIBILITY TO NOTIFY THE COURT OF ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER. Name of Plaintiff: Confidential Address: Street City ________________________ State Phone Number ________________________________ Zip Code 05/27/09 3 American LegalNet, Inc. www.FormsWorkFlow.com ___________________________________ Plaintiff vs. Case No. _______________ Div. No. ________________ ___________________________________ Defendant PERSONAL AND SERVICE DATA SHEET The purpose of this sheet is to provide the Sheriff's Department with the necessary information to effect service on Defendant and to provide essential information for the safety of the Sheriff's Deputy. Information about Defendant is voluntary on the part of the Plaintiff, except physical description and information. In addition, this page establishes a contact number for returning keys to the residence, re-entering the house, or obtaining custody of any children involved. This page is for the Court and Sheriff's use only and will not be part of the packet served to Defendant. PRINT CLEARLY. PLAINTIFF'S INFORMATION (YOU) Plaintiff's Name: ________________________________________________________ Plaintiff's Address: ______________________________________________________ _____________________________________________________________________ Phone Number where Plaintiff can be contacted: ______________________________ Does Defendant have keys to your current residence? ______________________ Do you want your address kept confidential so Defendant cannot obtain this information?_____________________________________________ Physical Description of PLAINTIFF (You): Race: _____________ Sex: _______ Age: ______ Date of Birth: ______________ Height: _________ Weight: ________ Hair: ________________ Eyes: __________ 05/27/09 4 American LegalNet, Inc. www.FormsWorkFlow.com
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