Overland Park Protection from Abuse and Protection from Stalking Orders Lawyers

Challenging a Protection Order Request

A person who alleges that you have committed a domestic violence or stalking offense against them may petition the court for one of two protection orders: protection from abuse or protection from stalking. If a judge grants the individual’s request, you would be subject to various restrictions and requirements, each chosen to keep the alleged victim from continued or future harm. The limitations placed on you can cause various hardships in your life, and you are not relieved of them until the protection order expires. This is unfortunate because, in some cases, protection orders are requested and granted when there is no legitimate basis for them. For instance, an alleged victim might apply for protection not because they fear violence against them but because they are trying to get the upper hand in some other legal matter or retaliating because of a perceived wrong. 

If you have received notice that someone is seeking a protection order against you, reach out to our Overland Park attorneys. At Gigstad Law Office, LLC, we deliver high-quality, client-focused representation. We will listen to your side of the story to make your voice heard. Dedicated and responsive, we will be ready and available to answer your questions and address your concerns during this difficult time. 

Schedule a free consultation by calling our Overland Park protection order lawyers at (888) 387-2036 or contacting us online.

An Overview of Protection Orders in Kansas

A court will grant a protection order when it believes that such is necessary to protect a victim of domestic violence or stalking from harm committed or attempted to be committed by a specific individual. 

A protection order contains various directives that a judge determines are necessary to keep the alleged victim safe.

These orders typically prohibit the alleged offender from:

• Making direct or indirect contact with the alleged victim, 
• Using any means to communicate with the alleged victim, and
• Going near the alleged victim’s home, work, or school.

Protection from abuse and protection from stalking orders may also have unique directives, which will be discussed later.

The process for requesting either a protection from abuse or protection from stalking order is the same. The person asking for the order submits a petition to the court. A judge will review it to determine whether a temporary order is necessary. A temporary order is one issued without the alleged offender’s input. It is valid until the hearing for a final order.

At the final order hearing, the alleged victim and alleged offender can present their cases. They may offer evidence and testimony to support their arguments. After the judge has heard both sides, they will decide whether to grant the request. 

A protection from abuse or protection from stalking order is valid for up to 1 year. Around the time the order is set to expire, the alleged victim may file a petition to extend it for an additional year. 

Violating a protection order is a crime. If the alleged offender does not abide by any of the conditions, law enforcement officials may arrest them, and the State may prosecute them.

The process for challenging a protection order request is complex. You must be able to build your case and back up your assertions, which can be difficult if you are unfamiliar with the legal system. Our protection from abuse or protection from stalking attorneys in Overland Park can guide you at every stage, providing the assistance you need to safeguard your future.

Protection from Abuse Orders

In Kansas, a person may request a protection from abuse order if they claim to be a victim of domestic violence. Domestic violence involves actual, attempted, or threatened physical violence against an individual with whom the alleged offender has an intimate partner or household member relationship.

These relationships include those involving persons who:

• Are currently dating or have dated in the past,
• Are currently living together or have lived together in the past, and
• Have a child together.

The conditions of a protection from abuse order include not contacting the alleged victim.

They may also include:

• Evicting the alleged offender from a home they share with the alleged victim, 
• Ordering the alleged offender to make child support payments, 
• Granting temporary child custody and establishing parenting time, and/or
• Requiring the alleged offender to get counseling.

Protection from Stalking Orders

Kansas’s protection from stalking orders are issued to prevent the alleged victim from being subject to additional harassment.

Stalking involves engaging in certain conduct on two or more occasions that cause the alleged victim to fear for the safety of themselves or others.

Acts considered stalking include:

• Threatening the other person;
• Following, approaching, or confronting the other person;
• Going near the other person’s residence, place of employment, or school;
• Damaging the other person’s property;
• Injuring the other person’s pet;
• Texting, calling, emailing, messaging, or communicating in any way with the other person.

The person named in the protection order may be prohibited not just from staying away from the other individual but also not committing or attempting to commit sexual assault and not following or harassing them.

Request a Free Consultation with Gigstad Law Office, LLC

Our Overland Park protection from abuse and protection from stalking lawyers recognize how these matters can affect a person’s entire life. That is why we work hard to clearly tell our clients’ sides and demonstrate why issuing the order is unwarranted.

For help with your case, please contact us at (888) 387-2036 today.