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In Kansas, there are two types of protection from stalking, sexual assault, or human trafficking orders. When you file your petition in court, the judge can issue an immediate ex parte temporary order if there is ?good cause? to do so.
In criminal and family court, your lawyer can also file a motion to modify your protective order. If you do this, it is helpful and important to have evidence to show the court why your order should be modified.
Overview. If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
There is no fee to file a protective order. Court costs are usually assigned to the defendant. If the petitioner dismisses the VPO or does not show up to court, they may be ordered to pay the court costs.
You may also be able to reapply for a PFA order if a new incident of domestic abuse occurs after you are denied the order. If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer.
The Defendant will be served with the Petition and notified of the hearing date. Once the Defendant has been served with the Petition, the ?no contact? provisions go into effect. If the Defendant contacts you at all (in person, by telephone, etc.) you need to call the police immediately and file a report.
2 Aside from specific situations, the general rule is that you can only appeal to what is known as a ?final order.? In Indiana, a trial court's ruling on a protective order is considered a ?final order? and can therefore be appealed.
If you have lost an order of protection hearing, you have a statutory right to file an appeal. Once an appeal has been filed on your behalf, a transcript of the hearing will be ordered. Our Missouri order of protection appeals lawyers will then carefully scrutinize the transcript to form the basis of our appeal.