Morton County, Kansas 1025 Morton St., Elkhart, KS 67950-1116 Phone 1-800-697-4807

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Morton County District Court; Address: 1025 Morton St, P.O. Box 825, Elkhart, KS 67950-0825; Phone: 620-697-2563 Fax: 620-697-4289; Office Hours: Monday - Friday, 8am - 5pm; Closed for Lunch 12 noon - 1pm

Protection From Abuse Orders

Protection From Abuse Orders are different from a
Restraining Order
.

Protection From Abuse Orders are related to Domestic Violence and are obtained directly from the District Court.

Restraining Orders are obtained by going through the County Attorney, and are not connected with Domestic Violence.

There are Different Types of Protection From Abuse Orders
  1. Emergency Order of Protection From Abuse
  2. Temporary Order of Protection From Abuse
  3. Final Order of Protection From Abuse

What You Need to Know

What is a Protection From Abuse Order
How To Apply for a Protection From Abuse Order
What Can Happen Under a Protection From Abuse Order
The Final Protection From Abuse Order
What You Should Know

What is a Protection From Abuse Order

A Protection From Abuse Order (PFA) is a civil court action intended to bring about a cessation of the abuse from the plaintiff or minor child(ren)of the parties.

To Qualify for a Protection From Abuse Order you and the person you want restrained must:

Be residing together

OR

Have formerly resided together

OR

Been the parent of or living with a child who has suffered abuse by the party you are attempting to restrain.

OR

Have child in common

AND

The person has intentionally attempted to cause you or a child bodily injury, or intentionally or recklessly caused bodily injury

OR

The person has intentionally placed, by physical threat, you or a child, in fear of imminent bodily injury

OR

The person has engaged in any sexual conduct with a child under 16 years of age who is not the spouse of the offender.

How To Apply For A Protection From Abuse Order

When the District Court is Open:

When District Court is closed:

What can Happen Under a Protection From Abuse Order?

When you receive an emergency or temporary order, the Court is empowered to order any or all of the following things:

  1. Restraining the parties from abusing, molesting or interfering with the privacy or rights of each other or of any minor children of the parties.
  2. Granting possession of the residence or household to a party to the exclusion of the other party, unless you are not married and the residence is rented or owned by the abuser only.
  3. Awarding temporary custody and establishing temporary visitation rights with regard to minor children.
  4. Ordering a law enforcement officer to remove a party from the residence or household.
  5. You will be given the date and time of the next hearing.

ALWAYS KEEP YOUR COPY OF THE P.F.A. ORDER WITH YOU!!!

The Final Protection From Abuse Order

When you receive a final P.F.A., the Court can order any or all of the following:

  1. Restraining the parties from abusing, molesting or interfering with the privacy or rights of each other or of any minor children of the parties.
  2. Granting possession of the residence or household to a party to the exclusion of the other party, unless you are not married and the residence is rented or owned by the abuser only.
  3. Requiring a party to provide suitable, alternate housing for such party's spouse and any minor children of the parties.
  4. Awarding temporary custody and establishing temporary visitation rights with regards to minor children.
  5. Ordering a law enforcement officer to evict a party from the residence or household.
  6. Ordering support payments by a party for the support of a party's minor child or a party's spouse.
  7. Awarding costs and attorney fees to either party.
  8. Making provision for the possession of personal property of the parties and ordering a law enforcement officer to assist in securing possession of that property, if necessary.
  9. Requiring the person against whom the order is issued to seek counseling to aid in the cessation of abuse.
  10. Restraining the party not granted possession from cancelling utility service to the residence for 60 days.

VIOLATIONS OF THIS ORDER MAY CONSTITUTE A CRIME!!

What You Should Know