Victims of stalking have varied experiences. The persons stalking them can be partners, ex-partners, strangers, acquaintances, family members, or anyone else. Each stalking situation is unique. However, all victims of stalking, in order to pursue legal remedies through the protection order process, have been subject to two or more acts that have caused a person to be in fear for that person’s safety or caused them emotional stress. These acts must rise to the level of harassment in order to be considered stalking by the court reviewing a Protection from Stalking Petition. That means that the behavior must seriously alarm, annoy, torment or terrorize the person and serve no legitimate purpose.
Any individual who experiences stalking according to these statutes may find assistance with a Protection from Stalking (PFS) order. If you’re interested in filing a PFS, you may now do so in any Kansas county, regardless of your county of residence. This change occurred on July 1, 2012 and now affords victims more options for safely pursuing legal remedies.
In the petition, which you can obtain at any county clerk’s office or by clicking here, include as much detail as possible about each stalking incident you remember or have documented. The more specific the detail, the better. Include when, where, what happened, how that made you feel, and any other details you can remember. Some incidents may be difficult to share, but it is important to be frank and honest in the petition so that you have the best possible case for your petition.
Upon the judge’s approval of a temporary order and upon service to the respondent, the order can exclude the stalker from your residence, indicate that the stalker may not communicate with you or interfere with your rights, and anything else the judge considers necessary to ensure your safety, depending on what you request and allege in the petition. You should consult with an attorney if the case involves children, or other domestic cases such as divorce or custody. In many cases, your local domestic violence or sexual violence advocacy program can help you find an attorney who is well-versed in the special considerations of victims of stalking.
Also upon approval of the temporary order for protection, the judge will give you a court date for a final hearing. At this hearing, the judge will hear evidence from the petitioner (you) and the respondent (the stalker). The respondent may or may not choose to appear at the hearing and may or may not have an attorney. You may or may not have an attorney at this hearing as well. An attorney is generally recommended, especially if the respondent has hired an attorney. The result in this hearing may be: a grant of a final order for protection up to one year, modification of the order, or dismissal of the petition. At the end of the one year period, the order may be extended for one year, two years, or for the lifetime of the respondent, upon petitioning the court. The lifetime and 2-year extension of the order is a new option for victims as of July 1, 2012.
In all cases, whether there is a PFS in place or not, a stalker may or may not acknowledge the order. If the stalker against whom you have the order contacts you or interferes with you in any way, including online, through texting, following you, sending others to contact you or follow you, or anything else, it should be documented with as much detail as possible and reported to law enforcement as soon as possible. A stalker who ignores a protection order or blatantly violates it pose a greater risk of serious injury or death for the victim. It is important to acknowledge that the order is not generally effective until it has been served on the respondent.
Contact your local domestic and sexual violence program for advocacy services and assistance through this process. If you have any questions or want more information about Protection from Abuse or Protection from Stalking orders, please contact me. For information on domestic and sexual violence programs in Kansas that serve your area, please click here.