Legal Help

Kansas law defines abuse for a protection order as one or more acts of intentionally causing bodily injury, placing in fear of bodily injury between people who are or have dated, lived together, or have a child in common, as well as acts of sexual abuse of a child under 16.

Experiencing abuse that would put fear in a reasonable person AND you must have a specific relationship with the abuser.

You and the person who abused you must have one of the relationships below:

• Currently living together

• Have lived together in the past

• Have a child together

• Currently dating

• Have dated in the past

There must be two or more incidences of stalking that would put a reasonable person in fear.

Filing at BrightHouse is important for this reason, we can help you to safety plan and discuss the best options for you and your loved ones.

You are the expert on your safety. A PFA or PFS order may increase your safety if the abuser or stalker follows the order. Some abusers and stalkers obey court orders, but some do not. In addition, because domestic violence and stalking is about control, it is important to remember that getting a protection order may be a step toward independence. You should consider that moving toward independence might increase the stalker or abuser’s threats and violence toward you. Because of that, you may need to rethink your safety issues and safety plan before getting a protection order.

Your minor child(ren) must have been abused and have a necessary relationship with both you and the adverse party.

The necessary relationship with you: (1) you are their parent, (2) you are the adult who lives with them, or (3) you are the child(ren)’s court appointed legal custodian/guardian.

The necessary relationship between the adverse party and the minor child(ren): (1) live or used to live together, (2) currently date, (3) used to date, or (4) have a child together.

The protection order is valid in any state.

Call the police.

Yes, unless the two of you are not married and the adverse party solely owns the home.

If you are married to a person when a child is born, the law assumes you are both the child’s legal parents. This means parentage is established.

If you are not married, it is more complex. Putting a man’s name on your child’s birth certificate does not establish fatherhood under the law. Instead, a man must sign a formal acknowledgement of fatherhood or a court must decide that he is the father of a child (“paternity”). Only then is parentage established.

If you indicate that parentage is established, you may create rights for the adverse party to seek parenting time.

No, you do not need an attorney to ask for a PFA or PFS order. You may consider hiring one if an attorney is helping the abuser or stalker.

Yes. The abuser or stalker will get a copy of your petition.

In the PFA paperwork you can ask that your address and telephone number remain confidential, but when the abuser gets the paperwork, the abuser will be able to see in what county and state the paperwork was filed.

In all PFS cases your address and telephone number should remain confidential. However, like in a PFA, when the stalker gets the paperwork, the stalker will be able to see in what county and state the paperwork was filed.

Remember, PFA and PFS petitions and orders are open records, except perhaps for your address and telephone number. Open record means that information you give at any time in the court process may be made available to the public.

There is no cost to you for filing a protection order with the court.