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.
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.
I couldn't be more pleased with Mr. Gigstad's services. Contacting a law firm you typically are faced with leaving multiple messages and dealing with secretaries that might not always know the best route to take. From the very first time I contacted Roberts office he personally was always very quick to respond to email and explain exactly what need to be done in my case. You never want the need for a lawyer but if the need arises again I will not hesitate to contact Mr. Gigstad again for his services.Derek
Two thumbs up! I sought Mr. Gigstad's services for my driving infraction. I contacted Mr. Gigstad and heard back from him that very day. He was very professional and addressed my problem in a timely, cost-effective manner. I trust him completely and highly recommend him!Kelly
Robert was extremely responsive from day one - returning my email contact request almost immediately. He walked me through the process and answered all my questions honestly and promptly. I always felt "in the loop". I originally contacted him because he was the only Johnson County attorney I found that had listed in his advertisement, expungement, as a service he provided. Robert assisted me in doing something I didn't know was possible - finally putting a bad decision I made 14 years ago behind me. Although I appreciated his professional and respectful approach to his work, I hope I never need his services again. If I do however, I would not hesitate to call him.DWI Client
Robert was very easy to work with. He took care of my speeding ticket for a very reasonable fee and had the ticket amended down to a non-moving violation so no points against my drivers license or insurance rate increases. If you have a speeding ticket in the KC area that needs to be dealt with, I would highly recommend giving Robert a call.Mat
Robert was very helpful on my (2) Moving violations. He skilly negotiated both to parking tickets - neither are reportable to my insurance. He kept me informed during the important milestones of the process. I have no reservation whatsoever in recommending his legal services. Steve RichardsonSteve R.
Extremely responsive, straight talking attorney that carries himself like none I have ever used in the past. Treated me like he was providing a service, rather than doing me a favor by taking my case. Gave me his opinion of my case and his recommendation on how he would approach it but let me make the final decisions. In the end he negotiated a deal with the prosecuting attorney that was better than I thought possible. Zero jail time and minimum fines totaling $250(maximum was $2500). Now, 6 months later he was able to get all of my remaining probation time terminated for good behavior. During that time he also helped out with a lease agreement for a rental property, and a bid contract. Considering the level of service I received and the results I got, in the future I won’t use anyone else.Criminal Defense Client
I got an MIP and Fake ID charge in Lawrence and Robert Gigstad was extremely helpful and thorough in handling my case. He always got back to me in a timely manner and kept me informed throughout the whole process, I got diversion for both charges so they will not be on my permanent record.Kelly
Robert assisted me in doing something I didn't know was possible - finally putting a bad decision I made 14 years ago behind me. Although I appreciated his professional and respectful approach to his work, I hope I never need his services again. If I do however, I would not hesitate to call him.DUI Client
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