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The 4th Judicial District
Protection from Stalking Information

How Does the Protection Order Process Work?

Forms are available below

GENERAL INSTRUCTIONS
FOR THOSE SEEKING A PROTECTION FROM STALKING ORDER

NOTICE
     The protection from stalking process is designed to provide quick and immediate protection.  However, the process may require time, expertise, or more than one hearing.If you have questions, you should seek help from an attorney or victim services advocate.  The Kansas Crisis Hotline (1-888-363-2287) or Kansas Legal Services (1-800-723-6953) may be able to help you find an attorney or advocate. 
     These are basic forms, and they do not cover every situation.  The Clerk of the District Court cannot help you with these forms.  The clerk cannot give legal advice to you or tell you about your rights or responsibilities.  The clerk can only provide very limited information about the protection order process.  You can find more information about protection from stalking at http://www.kcsdv.org/pfs.html .

1.         You may seek a protection from stalking order:
            a.   For yourself; or
            b.   For your minor child; or
            c.   For a minor child who resides with you.

2.         For each person for whom protection is sought, Kansas Law requires that stalking must have occurred. 

            “Stalking” is an intentional harassment of another person that places the other person in reasonable fear for that person’s safety. 

            “Harassment” is 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 purpose. 

            “Course of conduct” is conduct consisting of two or more separate acts over a period of time, however short, that show a continuity of purpose which would cause a reasonable person to suffer substantial emotional distress.


3.         You must file the Petition for Protection from Stalking Order in the county where the stalking has occurred.

4.         The defendant must be notified by personal service that you have filed a Petition for Protection from Stalking Order.  This will be done by the sheriff in the county where the defendant can be served.

5.         If the defendant is a minor, you must complete the Minor Defendant Addendum.  Petitions, motions, and temporary protection from stalking orders filed against a minor defendant must be served by serving the minor and:
        a.   The minor’s guardian or conservator, if any; or
        b.  The minor's father or mother; or
        c.   A person having the minor's care or control; or
        d.   A person with whom the minor resides.  
If service cannot be made upon any of these people, then service may be obtained as provided by order of the judge.  

6.         You should be available to testify at future hearings as set by the judge. If you fail to appear, the case may be dismissed.

     

7.         A Final Protection from Stalking Order will expire after one year or on the date stated in the order unless you request an extension or modification from the court.

8.         If your case is found to be without merit, the judge may order you to pay any attorney fees incurred by the defendant and may assess a docket fee of $178.00.
           

Protection from Stalking – Forms
Check out this site to assist you with completing the forms required to file a case with the court:
http://www.kcsdv.org/pfs.html

Civil Information Sheet -  PDF |
General Information for those seeking a Protection from Stalking Order - PDF
Protection from Stalking Confidential Form - PDF |
Information for Law Enforcement - PDF |
Petition for Protection from Stalking Order - PDF |

Other forms that you may be required to complete concerning your case are available at: 

http://www.kansasjudicialcouncil.org/Forms/Stalking_Forms12.shtml

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URL: www.kscourts.org/dstcts/4stalk.htm
Page updated: April 12, 2013