Restraining orders, also known as protective orders, are legal documents issued by a court that prohibit one person from contacting, approaching, or harassing another person. In Kansas, as in most states, violating a restraining order is a serious offense that can lead to significant legal consequences. Our domestic violence attorneys in Wichita, Kansas, at the McConnell Law Firm, have years of experience helping clients navigate the specifics of restraining orders and are detailing the consequences of violating one. Don’t chance your future; keep reading to find out everything you need to know about restraining orders!
Understanding Restraining Orders
A restraining order is a legal tool designed to protect individuals from harassment, abuse, or threats from another person. It can be requested by someone who feels they are in danger or has been a victim of domestic violence, stalking, or harassment. Oftentimes, restraining orders include various provisions, such as:
- No-Contact Order: This prohibits the alleged abuser from any contact with the protected person, including in person, over the phone, via email, or through third parties.
- Stay-Away Order: This mandates that the restrained person must stay a certain distance away from the protected person’s residence, workplace, and other locations.
- Move-Out Order: In cases of domestic violence, the court may order the alleged abuser to move out of a shared residence.
Types of Restraining Orders in Kansas
In Kansas, there are several types of restraining orders, each tailored to specific circumstances. The terms and conditions of restraining orders will vary depending on the circumstances of the case and the judge’s discretion. The primary types of restraining orders in Kansas include:
- Protection from Abuse (PFA) Orders: These orders are typically sought by victims of domestic violence and provide protection for family or household members who have experienced abuse or threats. PFA orders can include no-contact, stay-away, and move-out provisions.
- Protection from Stalking (PFS) Orders: These orders are designed to protect individuals being stalked, harassed, or threatened. They can include provisions to prevent the stalker from contacting or approaching the victim.
- Protection from Sexual Assault (PFSA) Orders: These orders are available to victims of sexual assault and provide protection from the assailant.
Consequences of Violating a Restraining Order
Any individual served with a restraining order or a protective order should take the situation seriously and abide by all conditions of the order, as violating a restraining order is a serious offense. Violating a restraining order is considered a criminal offense in Kansas, and the severity of the charge depends on the nature of the violation and the terms of the order. If law enforcement has reason to believe that an individual has violated a restraining order, they can arrest the alleged violator, take them into custody, and set a bail amount. If found guilty, the violator can then face fines, probation, or even jail time. Additionally, if the violation involves violence, threats, or the individual has a history of prior violations, the penalties can be more severe, and the court may choose to extend the duration of the restraining order to safeguard the victim’s safety.
Have You Been Accused?
If you have recently been charged in a criminal case, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a Wichita domestic violence attorney about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
