Restraining Orders

A “mutual” order of protection prohibits both parties from abusing, bothering (“molesting”), or interfering with the privacy or rights of each other. It may order that both parties not contact each other.

If you file for a PFA and the defendant files and serves you with a counter-petition saying that you have abused them, there are generally two ways in which a mutual order may be issued: after a hearing or by agreement.

1. After a hearing. To grant this order, the judge will hold a hearing where both you and the abuser can present evidence. To issue mutual orders, the judge must believe that both of you were acting mainly as aggressors and neither of you was acting mainly in self-defense.¹
2. By agreement. In this situation, you might agree (consent) to the mutual order without the judge holding the hearing.¹ Often, the judges or lawyers will encourage someone to consent to an order against them by saying that someone who does not plan on violating an order shouldn’t be bothered by having an order against them. However, this way of thinking can be dangerous. If the abuser gets the protection from abuse order, they can easily try to falsely report a violation or trick you into violating the order so that you get arrested. This can have consequences on future custody cases, restraining order cases, or immigration matters. A judge cannot force you to consent, however. You have the right to a hearing where you can defend yourself, and then the judge will have to decide if the abuser proved their case against you.

If a counter-petition is filed against you or if you are pressured to agree to a mutual order, think seriously about getting an attorney to help you. Go to our Kansas Finding a Lawyer page.

¹ Kan. Stat. § 60-3107(b)