What can Happen
What Can Happen Under a PFA Order?
When you receive a Protection Order, the Court is empowered to order any or all of the following:
- Restraining the defendant from abusing, molesting or interfering with the privacy or rights of the plaintiff or of any minor children of the parties.
- Granting possession of the residence or household to the plaintiff, to the exclusion of the defendant.
- Requiring the defendant to provide suitable, alternate housing for the plaintiff and any minor children of the parties.
- Awarding custody and establishing a parenting plan with regard to minor children.
- Ordering a law enforcement officer to evict the defendant from the residence or household.
- Ordering support payments by a party for the support of a party’s minor child or a party’s spouse.
- Awarding costs and attorney fees to either party.
- Making provision for the possession of personal property of the parties and ordering a law enforcement officer to assist in securing possession of that property, if necessary.
- Requiring the person against whom the order is issued to seek counseling to aid in the cessation of abuse.
- Restraining the defendant from canceling utility service to residence for 60 days.
- Ordering or retraining any other acts necessary to promote the safety of the plaintiff and the minor children.
What is a Mutual Order and How Can it Hurt You?
A “mutual” order of protection prohibits BOTH parties from abusing, molesting, or interfering with the privacy or rights of each other. It may order that BOTH parties be refrained from contacting each other.
If a mutual order is issued against you, the petitioner, you may be criminally prosecuted for violating the order. Your batterer could trick you into violating the order so that the police will arrest you and charge you with a crime. The mutual order might be used against you in a custody or divorce case. If you are an immigrant, there may be additional negative consequences to having a mutual order.
In Kansas, there are generally two ways a mutual order may be issued against you. One way is for the defendant to file a counter-petition saying you have abused him, have the petition served on you giving you reasonable notice, and then the court must make findings that you both were primary aggressors and neither of you acted in self-defense. The other way a mutual protection order may be issued against you is if you agree or consent to it.
If a counter-petition is filed against you or you are urged to consent to a mutual order, think seriously about consulting an attorney who can review possible consequences with you.
(Information provided by Kansas Coalition Against Sexual and Domestic Violence)