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Protection Orders

Protection From Abuse Orders

Orders of Protection - Any injunction or other order issued for the purpose of preventing violence or threatening acts or harassment against or contact or communication with or physical proximity to another person. Protection From Abuse (PFA)  orders are issued by the Family Law Department through the 18th Judicial Court.  The order is free of charge.  Before you can get a protection from abuse order you and the other person you want protection from must meet one of the following requirements: You are in a dating relationship (a social relationship of a romantic nature);   You have been in a dating relationship in the past;   You are living together;   You have lived together in the past; or   You have had a child in common AND Abuse must have occurred. This means that one of the following has occurred: The person physically hurt you or a minor child on purpose. The person tried to physically hurt you or a minor child. The person recently threatened to physically hurt you or a minor child. The person engaged in sexual conduct (touching or sexual intercourse) with a minor child under 16 years of age. The order prohibits the defendant from abusing, threatening to abuse or disturbing the peace of the plaintiff. The defendant is also prohibited from being on or near the property where the plaintiff lives. Temporary orders are valid until the hearing for a permanent order, which is set for approximately two weeks after the temporary order is granted.  The judge can direct the permanent order to remain in place for one year. Kansas Legal Services will have a representative present to assist the petitioner, free or charge, the day of the hearing for the final order. The order is not in effect until the defendant has received personal service of the order. The order is free and can be obtained by making an application at 525 N. Main, 1st Floor - Family Law (660-5290 Monday through Friday).  Appointments are not necessary and the process takes about an hour.

Protection From Stalking Orders

Before you can get a Protection from Stalking Order, stalking must have occured.  Stalking is intentional harassment of another that places the other person in reasonable fear for that person's safety.  Harrassment means a knowing and intentional course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person and that serves no legitimate purposes.  Course of conduct means conduct consisting of two or more seperate acts over a period of time, however short, that show continuity of purpose which would cause a reasonable person to suffer substantial emotional distress. You may seek a Protection from Stalking Order for yourself, for your minor child or for a minor child who lives with you. Protection From Stalking (PFS)  orders are issued by the Family Law Department through the 18th Judicial Court.  The order is free of charge. The order is not in effect until the defendant has received personal service of the order. Kansas Legal Services will have a representative present to assist the petitioner, free or charge, the day of the hearing for the final order.   The order is free and can be obtained by making an application at 525 N. Main, 1st Floor - Family Law (660-5290 Monday through Friday).  Appointments are not necessary and the process takes about an hour.

No Contact Orders

A No Contact Order is a condition of bond release when a person bonds out or is released from jail on their own recognizance on Domestic Violence charges within the City of Wichita. The No Contact Order is in effect only after the defendant is released and remains in effect until the end of the third business day following the defendants date of arrest. No Contact Orders prohibits all contact that occurs with the victim in the case.  Phone calls, meetings in person and messages sent to the victim can be charged if probable cause is present. If the no contact order is violated and probable cause is present then another arrest will be made or a pick-up issued (if the defendant is not on the scene).  The new charge will be Domestic Violence Fail to Comply with Bond Restrictions and a new no contact order will be issued upon the defendants release from jail on the second arrest.

Temporary Divorce Orders

Divorces are filed in District Court.   Once a divorce has been filed it is referred to as a Temporary Divorce Order. The Temporary Divorce Order will include some form of restraint language such as: Both parties will be enjoined from going to the residence of the other.  If violated with the City of Wichita and probable cause is present then the person violating the order can be arrested for  Domestic Violence Criminal Trespass.  This order is difficult to verify by officers and may be referred to Domestic Violence Investigations for follow-up.  Criminal Trespass is the only city ordinance that is applicable in divorce cases.  All other violations of the divorce order should be directed to the court where the order originated.