What Is The Law On Violation Of A Protective Order Cases?
K.S.A. 21-5924. Violation of a protective order; extended protective orders; penalties. (a) Violation of a protective order is knowingly violating:
(2) a protective order issued by a court or tribunal of any state or Indian tribe that is consistent with the provisions of 18 U.S.C. § 2265, and amendments thereto;
(4) an order issued in this or any other state as a condition of pretrial release, diversion, probation, suspended sentence, postrelease supervision or at any other time during the criminal case that orders the person to refrain from having any direct or indirect contact with another person;
(5) an order issued in this or any other state as a condition of release after conviction or as a condition of a supersedeas bond pending disposition of an appeal, that orders the person to refrain from having any direct or indirect contact with another person; or
(b) (1) Violation of a protective order is a class A person misdemeanor, except as provided in subsection (b)(2).
(2) Violation of an extended protective order as described in subsection (e)(2) of K.S.A. 60-3107, and amendments thereto, and subsection (d) of K.S.A. 60-31a06, and amendments thereto, is a severity level 6, person felony.
(c) No protective order, as set forth in this section, shall be construed to prohibit an attorney, or any person acting on such attorney’s behalf, who is representing the defendant in any civil or criminal proceeding, from contacting the protected party for a legitimate purpose within the scope of the civil or criminal proceeding. The attorney, or person acting on such attorney’s behalf, shall be identified in any such contact.
(d) As used in this section, “order” includes any order issued by a municipal or district court.
What Does The Law Mean?
If a judge issues an order that you cannot contact any person, you cannot knowingly contact that person. If you do contact that person then you may be charged and convicted of a crime punishable by up to 365 days in jail and in some cases more than that.
What Orders Count For Purposes Of This Law?
- Orders issued after a petition for protection from abuse is filed, even if they are temporary orders.
- Orders issued after a petition for protection from stalking is filed, even if they are temporary orders.
- Orders issued by any court even Indian tribal court in which the affected party is given due process before an order is issued. (Must comply with 18 U.S.C. § 2265)
- Orders that are issued even if going up on appeal so long as the affected party was given due process.
- Orders that are issued by a district court judge, a magistrate judge or a municipal court judge so long as the affected party was given due process.
- Orders issued as a condition of bond, probation, diversion, suspended sentence or parole in any jurisdiction.
What Counts As Contact For The Purposes Of This Law?
If you have a no contact order issued against you this literally means no contact at all. No telephone calls, no texts, no emails, no letters, no in-person communication, no communication through a third party, no contact at all. In some rare instances your contact may be allowed but limited. A common example may be that a judge orders you no contact other than text or email for purposes of child care. When a judge orders a condition you have to abide by that condition. If you knowingly make contact outside of that condition then you have violated the protective order and are subject to being charged with a crime.
What Do I Do If I Am Charged With Violating A Protective Order?
If you are charged with the crime of violation of protective order in Johnson County District Court or in a municipal court in Johnson County you need to sit down with an experienced criminal defense lawyer that practices in the court in which you are charged. The criminal defense lawyers at Copley Roth & Davies are here to help when you find yourself facing a criminal case. Feel free to contact our office for a free consultation.
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