Free PDF - Kansas


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http://www.kansasjudicialcouncil.org/Documents/Protection%20From%20Abuse/PDF/PFA_EmergencyOrder.pdf

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IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

____________________, Plaintiff vs. ____________________, Defendant EMERGENCY ORDERS OF PROTECTION THIS EMERGENCY ORDER SHALL EXPIRE AT 5:00 P.M. ON _____________________. On this date, ______________________, plaintiff's petition for emergency orders of protection comes for consideration under the provisions of K.S.A. 60-3101, et seq. After considering the verified petition filed with the court by the plaintiff, the court finds that: (1) The plaintiff has established good cause for the court to issue an emergency order of protection from abuse. (2) Including this petition, the plaintiff has not filed more than two actions under the Protection from Abuse Act in the past twelve months which did not involve abuse of minor children. IT IS THEREFORE BY THE COURT ORDERED THAT: 1. The defendant shall not abuse, molest, or interfere with the privacy or rights of the plaintiff, the plaintiff's minor child(ren) or the minor child(ren) residing with the plaintiff, wherever they may be. This means no contact with the plaintiff, directly or indirectly, by the defendant or by someone at the defendant's behest, except as authorized by the Court in this Order. The defendant shall not enter or come on or around the premises or the residence or workplace where the plaintiff resides, stays or works. _______ (CHECK IF APPLICABLE) The plaintiff is granted exclusive possession of the residence located at: _______________________________________________________________________ _______ (CHECK IF APPLICABLE) The plaintiff's ____ address and ____ telephone number must remain confidential for the protection of the plaintiff, plaintiff's child(ren) or the minor child(ren) residing with plaintiff. If the plaintiff is granted exclusive possession of the residence then the defendant must immediately move from such address and take only personal clothing and effects until further order of the court. Defendant shall not cancel utilities to such residence. Law enforcement officials are hereby directed to evict the defendant from such residence, and to ensure that defendant does not enter or re-enter the premises or any other residence the plaintiff may occupy. Case No. _______________

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07/10/04

(COMPLETE IF APPLICABLE) 4. Care, custody and control of the following minor child(ren) are temporarily awarded to _________ plaintiff or __________ defendant: __________________________________________________________________________ __________________________________________________________________________ Other:_____________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

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THIS ORDER IS EFFECTIVE WHEN SIGNED BY THE JUDGE. LAW ENFORCEMENT OFFICIALS SHALL ENFORCE THE ORDER IMMEDIATELY UPON RECEIPT. THE DEFENDANT IS HEREBY PUT ON NOTICE THAT VIOLATION OF THIS ORDER MAY CONSTITUTE VIOLATION OF A PROTECTIVE ORDER AS PROVIDED IN K.S.A. 21-3843. ADDITIONALLY, VIOLATION OF THS ORDER MAY CONSTITUTE ASSAULT AS PROVIDED IN K.S.A. 21-3408, AND AMENDMENTS THERETO, BATTERY AS PROVIDED IN K.S.A. 21-3412, AND AMENDMENTS THERETO, DOMESTIC BATTERY AS PROVIDED IN K.S.A. 21-3412A, 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 THE DEFENDANT CONSTITUTES CRIMINAL TRESPASS PURSUANT TO K.S.A. 21-3721, AND AMENDMENTS THERETO, AND MAY RESULT IN PROSECUTION AND CONVICTION UNDER KANSAS CRIMINAL STATUTES. VIOLATION OF THIS ORDER MAY ALSO BE PUNISHABLE AS A CONTEMPT OF THIS COURT.

IT IS SO ORDERED. _________________________________ JUDGE OF THE DISTRICT COURT

07/10/04