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Domestic Violence Protection Orders Attorney in Overland Park, Kansas

What Can I Do if I Am a Victim?

If you are a victim of abuse, you need to take action immediately to protect yourself by obtaining a protective order.

In Kansas, you can ask law enforcement to request an emergency protection from abuse order from a judge on call if you are in immediate danger when the courts are closed. In Kansas, you can request an ex parte order of protection from the court which means the judge hears only your side of the story. This restraining order would be valid until a hearing is scheduled and both sides have an opportunity to present their case to the court. An order issued as a result is referred to as a final protection from abuse order in Kansas.

Emergency and temporary orders can prohibit the abuser from committing or threatening to commit abuse, keep them from communicating with you, prohibit them from entering the home, and award temporary custody of children or possessions. A final or full order can award custody, child support, spousal support, order the abuser to pay certain expenses—such as rent, medical bills, and attorney’s fees—and order the abuser to undergo treatment.

There are also cases where the person against whom you file for an order of protection files for a counter-order. The judge would hear both sides with the option of not issuing a protective order to either party, issuing an order against one of the two, or issuing a mutual order protecting both parties from the other.

Who Can Ask for a Protective Order?

If you are an adult being abused by a family or household member, you can file for an order of protection.

If the victim is a minor under the age of 18 in Kansas, the child’s parent or an adult who lives in the home with the child may petition the court for a protective order.

Do I Need a Lawyer?

Victims do not need a lawyer to file for an emergency or ex parte order of protection to protect them from immediate danger. However, having an attorney represent you in a hearing for a full or final order helps you present a compelling case for your need for protection and to defend you against a counterclaim. Your attorney also provides a buffer between you and your abuser during the legal process.

You do not need to wait until you file for an order to retain an attorney. If you have been a victim of abuse and have questions about petitioning for a protective order, consult with an attorney right away. The guidance of an experienced lawyer can reduce your anxiety and fear and give you the support you need to seek an end to the abuse.

Remember, a full or final order of protection can include the requirement that your abuser pays your attorney’s fees.