DOMESTIC
VIOLENCE
DOMESTIC VIOLENCE
Introduction
Domestic violence may be physical, sexual or emotional:
slapping, punching, shoving, beating, kicking, threats of
harm, deprivation of sleep or affection, sexual assault,
harassment, insults, other verbal abuse or any pattern of
behavior that causes emotional harm. Violent behavior toward
others is wrong; it is against the law no matter who does
it: a stranger, a neighbor, someone you live with or a family
member. Most acts of violence are committed within the family
circle. Many acts of abuse are unreported and the victims
cover up the injuries they receive.
Victims often make up excuses for the abusers' violent
behavior, often blaming themselves.
Most violence in the home follows a pattern: the abuser
grows more tense and irritable until some event triggers
the violence.
Abusers are often sorry and apologetic afterwards; however,
chances are the violent behavior will continue and probably
get worse.
Nothing excuses violence: not a bad day, rudeness, a need
for control or the way someone was raised.
Children are directly and indirectly affected by the violence
between you and your partner. Although there is no conclusive
evidence that children raised in an abusive home are likely
to become abusers or victims of abuse, you and your children
need not remain in an abusive situation.
You are not alone even though the abuser may have kept
you away from friends and family.
People and laws exist that will help you take action to
prevent "the next time"
from happening.
THE PURPOSE OF THIS GUIDE IS TO PROVIDE OPTIONS FOR YOU.
PREPARING TO LEAVE
You are not powerless or locked into a battering relationship
forever. You can prepare to leave at the right time. It
often takes time mentally and emotionally to end a violent
relationship. While you are thinking about "getting
out:"
1. Gather together originals or copies of as many of these
important family documents and records as you can:
- birth certifications for yourself and
- your children;
- deed or lease to your home;
- checkbook(s), extra checks and bank
- statements;
- car registration, title, extra keys;
- social security cards;
- marriage license;
- tax returns - W2's;
- insurance policies and premiums;
- paycheck stubs, yours and spouse's;
- picture I.D.;
- joint charge cards;
- children's immunization records;
- documentation of household possessions
Many of these documents will be necessary in order for
you to obtain housing, public assistance, or free or inexpensive
legal services. However, if you are in immediate danger
and find a chance to leave, do so. Law enforcement can later
accompany you back to your home for personal items.
2. Make extra copies of protection orders and keep them
in safe places. Show the order to police officers to improve
their response.
3. Set aside what extra cash you can in a safe place.
4. Hide an extra set of car and home keys outside the house
or at a neighbor's.
5. Plan and practice an escape route out of the home and
safety plan for the children.
6. Know where you can go and how you will get there in
case you have to leave suddenly.
7. Keep a bag packed and hidden in a safe place at home,
locked in a car trunk, or with a safe relative or friend,
in case of flight. It should include money, clothing, diapers,
court documentation, passports, identification, school and
medical records, necessary medicines, credit cards, work
permits or green cards.
8. Make the home as safe as possible by changing the locks
and adding deadbolts. Remove sharp objects and weapons from
sight.
9. Use the block code *67 when making telephone calls.
10. Develop signals for neighbors and friends to call the
police, such as banging on the floor or wall.
WHEN VIOLENCE HAPPENS - OPTIONS
1. Call law enforcement
2. Leave your home
3. Seek medical treatment
4. Seek counseling
1. Call law enforcement
If you have been physically injured by anyone, you can
call the police if you live in a city or the sheriff if
you live outside the city limits. Kansas is a "mandatory
arrest" state which means that a law enforcement officer
must arrest a person in a domestic violence situation if
the officer believes that a crime has been committed. Physically
injuring or threatening to injure a person is a crime. If
the injury is committed by a family member, someone you
live with or used to live with or a person with whom you
share a child in common, it may be a crime of domestic battery.
If your abuser has violated a protective order prohibiting
the abuser from having contact with you, that, too, is a
crime. Show law enforcement officers any evidence of physical
violence and any protective order which prohibits the abuser
from contacting you.
If you want to leave your home, law enforcement will generally
stay with you while you pack your belongings. They may also
transport you to a hospital or a safe place. Write down
the officers' names and keep them advised if you are not
going to remain in your home.
Law enforcement will write up a report and forward it
to the county or district attorney who will then decide
whether to file criminal charges against your abuser. You
cannot force a county/district attorney to file charges.
If charges are filed, the county/district attorney will
contact you to get more information and discuss the possibility
of your testifying at a court proceeding.
2. Leave your home
You can leave your home and stay with friends or family.
You can also stay at a shelter that provides services for
victims of domestic abuse. Most domestic violence agencies
have 24 hour crisis lines. See pages 8-12 for a list of
Kansas shelters. Take your children with you as well as
any of the documents listed on page 2.
3. Seek medical treatment
If your injuries are such that you can't wait to see
your regular doctor, go to the emergency room of your local
hospital and get treatment.
4. Seek counseling
Contact the nearest domestic violence agency. (See the
list on pages 8-12) Most agencies provide free confidential
counseling services and can help you decide what to do next.
LEGAL OPTIONS
1. Protection from Abuse Order (PFA)
This is a court order that will prohibit your abuser
from contacting you if you can show the following:
a. You have lived with your abuser or used to live with
the abuser or have/had a child in common with the abuser;
and
b. Your abuser has attempted to physically injure you or
has actually injured you or placed you in fear of being
harmed by threatening you physically; or
c. Your abuser has engaged in sexual conduct with a minor
under 16 who is not married to the abuser.
Where can I get a PFA and when?
You can go to any clerk of a district court and apply
for a PFA. Preferably, you should go to the district court
where your abuser lives so that the abuser can be more easily
served with a copy of the petition. You'll need to provide
a current address for the abuser so that the sheriff can
serve the petition or order on the abuser.
You may be eligible for a PFA which is effective immediately
if the judge believes that there is an immediate and present
danger to you or your minor children. This order will last
until the day of the hearing which is set for sometime within
20 days after you file the petition and can be continued
in effect for a longer period of time if the abuser hasn't
been served. It is very important that you appear for all
court dates relating to your PFA or the judge may dismiss
your petition.
If the court is closed but you can find a judge, the judge
may give you an emergency order prohibiting your abuser
from contacting you. This order expires at 5 p.m. on the
first day that the court is open, so it will be necessary
to obtain another order.
Once the petition is served on the abuser, he/she may call
you and promise to make changes in the relationship, hoping
that you will dismiss the petition. Promises are easy to
make but hard to keep. Get the order. Don't gamble away
your safety or the safety of your children.
How much does it cost, and do I need an attorney?
There is no filing fee and no requirement that you
hire an attorney unless you want to do so.
What can a PFA do for me?
A PFA is a court order that can address the following:
a. Prohibit the abuser or both you and the abuser from contacting
each other;
b. Grant possession of the house/apartment/dwelling unit
to you and forbid the abuser from coming onto the property.
However, if you are not married to the abuser and the abuser
owns the property, the judge cannot give you possession
of the house.
c. Require one of the parties to provide housing for the
spouse and minor children of the parties;
d. Award temporary custody, residency, and parenting time
in regard to the children;
e. Order law enforcement to evict one of the parties from
the household;
f. Order child support and/or maintenance (alimony) to the
spouse for a period of one year which can be extended for
an additional year;
g. Award costs and attorney fees;
h. Order law enforcement to help a party secure possession
of the party's personal items from the home;
i. Require the abuser to seek counseling;
j. Prohibit the abuser from canceling utility services for
60 days after the PFA issues.
The Hearing.
In some counties, your first appearance before a judge
is called a "docket call." You must appear for that docket
call. If the abuser fails to appear after having been served
with the petition or appears and doesn't contest the order,
the judge will grant the PFA. If the abuser appears and
contests the order, the judge may set the matter for hearing
at a future date. If there's already a temporary order,
the judge will most likely continue that order until the
hearing date.
On the day of the hearing, the judge will decide whether
to issue a permanent PFA. If you don't appear, the judge
may dismiss the petition. If the abuser hasn't been served
with a copy of the petition, the judge may reschedule the
hearing so as to provide the abuser an opportunity to appear
and tell his/her story to the judge.
If the abuser appears at the hearing, the judge will listen
to you and the abuser and then decide whether to issue a
PFA. Bring to court any pictures of your injuries, witnesses
to the abuse, copies of police or medical reports.
If you ask for child support, bring any evidence of your
income as well as the abuser's income. Know what personal
property you want the judge to award to you. If you have
receipts or titles for the property, bring them to the hearing
to prove ownership.
If you are asking for residential custody of your children,
be prepared to justify why you would be the better parent
to have residential custody. If you are awarded residential
custody, the judge may award parenting time (visitation)
to the abuser. Be prepared to offer a safe plan for exchanging
children for parenting time.
Who gets copies of the PFA?
You and the abuser will get a copy of the order as
well as the police department if you live in a city or the
sheriff's office if you live outside of a city. Keep a copy
of the order with you at all times. If the abuser violates
the order, you'll need to show it to law enforcement. The
PFA is also entered into the NCIC (National Crime Information
Center) system, so any law enforcement officer should be
able to verify its existence. Give a copy to your child
care provider if you are granted custody of your children.
How long does the PFA last?
Up to 1 year. You can then ask the court to extend
the PFA for another 12 months. You can only use the PFA
procedure twice in any 12 month period unless there is abuse
of a minor.
What if the abuser doesn't comply with the
PFA?
Violation of the PFA is a crime. If the abuser contacts
you or tries to come onto your property, there may be violations
of the laws prohibiting assault and trespass. If the abuser
contacts you in person or by phone, fax, or e-mail, call
law enforcement and make a complaint. In some jurisdictions,
law enforcement is reluctant to arrest a person who has
violated a restraining order unless the abuser is caught
in the act. Therefore, keep any evidence of the contact
such as the abuser's message on your answering machine,
a copy of the e-mail, or someone who witnessed the abuser
confronting you. You can also return to court with an attorney
and seek to hold the abuser in contempt of court.
No PFA or any kind of restraining order can protect you
if your abuser chooses not to abide by the order. Therefore,
don't rely upon it as your sole means of protection. If
you are in danger, find a safe place to stay. Lock your
doors and windows. Keep your car doors locked. Change your
routine by taking a different route to work or school. Change
your hours at work, if possible. Let your neighbors and
co-workers know what is going on. Consider purchasing a
cell phone and carrying it with you at all times.
What if I don't qualify for a PFA?
You may be able to obtain a civil injunction if you
can establish a pattern of harassment or threatened or existing
abuse. You should contact an attorney for advice on your
specific situation.
What if my abuser and I get back together?
Getting back together does not cancel any restraining
order, including a PFA. The abuser is still in violation
of the order. As a practical matter, however, it is unlikely
that an abuser will be prosecuted for violating a restraining
order if you invited the contact.
What if I leave the state and the abuser
follows me? Is the PFA still enforceable?
Yes. Most states will honor another state's PFA. Make
sure you keep the PFA with you at all times and contact
local law enforcement if the abuser contacts you in violation
of the order.
2. Divorce
If you file for divorce, you can also ask the judge
to issue an order prohibiting your spouse from "molesting
or interfering with [your privacy]" during the pendency
of the divorce action. Violation of this order is a crime.
You can call law enforcement and/or discuss with your attorney
the possibility of requesting that the judge hold your spouse
in contempt of court.
3. Criminal Charges
Domestic battery is a crime. If you have been physically
harmed by a family member, a person with whom you have a
child, or a person you reside with or formerly resided with,
you can call law enforcement and make a complaint. There
may be other violations of criminal laws depending upon
the abuser's conduct. Violation of restraining orders, including
orders granted in divorce actions, that prohibit the abuser
from contacting you is a crime.
Even though an abuser may be arrested, the county/district
attorney makes the ultimate decision whether to prosecute
the abuser. You can't force a county/district attorney to
prosecute nor can you stop a county/district attorney from
prosecuting the abuser.
If arrested, how long will the abuser stay
in jail?
Depending upon the crime, the abuser may "bond out"
(be released) after a few hours. If the abuser has violated
a PFA or a restraining order in a divorce action, the abuser
will not be able to bond out until the abuser's first appearance
before the judge as long as that appearance occurs within
48 hours.
While most bonds require that the abuser have no contact
with you, if you think that the abuser may try to contact
you, you might want to consider finding a safe place to
stay. If the abuser contacts you in violation of the bond
restriction, contact law enforcement because violation of
the "no contact" bond restriction is a crime. [K.S.A. 21-3843]
If criminal charges are filed, get the name of the court
services officer who will supervise the abuser. If the abuser
violates the bond condition of "no contact," report the
violation to the court services officer. The court services
officer may consider revoking the bond which means that
the abuser will have to stay in jail until the trial.
What happens if the county/district attorney
files charges?
If the county/district attorney files criminal charges,
the abuser may plead guilty and you will not be required
to testify. However, if the abuser is tried, you can be
subpoenaed (ordered) to testify. If the abuser is convicted,
the abuser may be sentenced to jail or put on probation.
One of the probation restrictions may prohibit the abuser
from contacting you.
Many counties have a victim/witness coordinator in the
county/district attorney's office. This person can help
you understand the legal process, connect you with local
support services and provide information about compensation
for expenses incurred as a result of the abuse. Your local
domestic violence agency may also have advocates who can
help you through the process.
The Crime Victims Rights Division of the Kansas Attorney
General may also be able to advise you. The telephone numbers
are 1-800-828-9745 or 785-291-3690.
KANSAS DOMESTIC VIOLENCE PROGRAMS
National 24-hour (800) 799-7233 - TDD (800) 787-3224
Statewide 24-hour (800) 400-8864
(FOR DOMESTIC VIOLENCE AND SEXUAL ASSAULT) (888) 363-2287
Atchison
DOVES (DOMESTIC VIOLENCE EMERGENCY SERVICES)
(Domestic Violence/Sexual Assault Program)
P.O. Box 262
Atchison, Kansas 66002
(913) 367-0363 (crisis)
(913) 367-0365 (office)
(913) 367-7215 (FAX)
(800) 367-7075 (Jefferson and Doniphan Counties Satellite
Programs)
Coffeyville
Safe House Inc.
(Domestic Violence/Sexual Assault Program)
P.O. Box 792
Coffeyville, Kansas 67337
(620) 251-3772 (crisis/office)
(888) 320-7218 (crisis)
(620) 251-0030 (outpatient)
(620) 331-7822 (Independence Satellite Program)
Dodge City
CRISIS CENTER OF DODGE CITY
(Domestic Violence/Sexual Assault Program)
P.O. Box 1173
Dodge City, Kansas 67801
(620) 225-6510 (crisis)
(620) 225-6987 (office)
(620) 225-3522 (FAX)
El Dorado
FAMILY LIFE CENTER/SAFE HOUSE OF BUTLER COUNTY
(Domestic Violence/Sexual Assault Program)
P.O. Box 735
115 S. Washington
El Dorado, Kansas 67042
(316) 321-7104 (crisis/office)
(800) 870-6967 (crisis)
(316) 321-1018 (FAX)
Emporia
SOS INC.
(Domestic Violence/Sexual Assault Program)
P.O. Box 1191
Emporia, Kansas 66801
(620) 342-1870 (crisis)
(800) 825-1295 (crisis)
(620) 343-8799 (office)
(620) 343-3070 (FAX)
Great Bend
FAMILY CRISIS CENTER
(Domestic Violence/Sexual Assault Program)
P.O. Box 1543
Great Bend, Kansas 67530
(620) 792-1885 (crisis)
(620) 793-1965 (office)
(620) 793-1964 (FAX)
Garden City
FAMILY CRISIS SERVICES
(Domestic Violence/Sexual Assault Program)
P.O. Box 1092
Garden City, Kansas 67846
(620) 275-5911 (crisis)
(620) 275-2018 (office)
(620) 275-2761 (FAX)
Hays
NORTHWEST KANSAS FAMILY SHELTER (Domestic Violence/Sexual
Assault Program)
P.O. Box 284
Hays, Kansas 67601
(785) 625-3055 (crisis)
(800) 794-4624 (crisis)
(785) 625-4202 (office)
(785) 625-1742 (FAX)
Hiawatha
NATIVE AMERICAN FAMILY SERVICES, INC.
(For Native Americans Only)
(Domestic Violence/Sexual Assault Program)
116 N. 6th
Hiawatha, Kansas 66434
(785) 742-7593 (crisis/office)
(800) 209-0910 (crisis)
(785) 742-7569 (FAX)
Hutchinson
SEXUAL ASSAULT AND DOMESTIC VIOLENCE CENTER, INC.
(serving Barber, Harper, Kingman, McPherson, Reno, and Rice
counties)
(Domestic Violence/Sexual Assault Program)
1 E. 9th
Hutchinson, Kansas 67501
(620) 663-2522 (crisis)
(800) 701-3630 (crisis - 620 area code only)
(620) 665-3630 (office)
(620) 665-3609 (FAX)
Independence
Safe House Inc.
P.O. Box 792
Coffeyville, Kansas 67337
(620) 331-7822 (crisis/office)
(888) 320-7218 (crisis)
Iola
HOPE UNLIMITED
(Domestic Violence/Sexual Assault Program)
P.O. Box 12
Iola, Kansas 66749
(800) 498-7566 (crisis)
(620) 365-7566 (crisis/office)
(620) 365-2016 (FAX)
Junction City
THE CRISIS CENTER, INC.
(serving Clay, Geary, Marshall, Pottawatomie, and Riley
counties)
(Domestic Violence/Sexual Assault Program)
P.O. Box 1526
Manhattan, Kansas 66502
(785) 762-8835 (office)
(800) 727-2785 (crisis)
Kansas City
JOYCE WILLIAMS CENTER
(Domestic Violence Program)
1219 N. 13th Street
Kansas City, Kansas 66102
(913) 321-0951 (crisis)
(913) 321-1566 (office)
(913) 321-1569 (FAX)
METROPOLITAN ORGANIZATION TO COUNTER SEXUAL ASSAULT (MOCSA)
(Sexual Assault Program)
3217 Broadway, Suite 500
Kansas City, Missouri 64111
(816) 531-0233 (crisis)
(816) 931-4527 (office)
(816) 931-4532 (FAX)
Lawrence
DOUGLAS COUNTY RAPE VICTIM/SURVIVOR SERVICE (RVSS)
(Sexual Assault Program)
2518 Ridge Ct., #211
Lawrence, Kansas 66046
(785) 841-2345 (crisis)
(785) 864-3506 (K.U. referral line)
(785) 843-8985 (office)
(785) 843-3728 (FAX)
WOMEN'S TRANSITIONAL CARE SERVICES
(Domestic Violence Program)
P.O. Box 633
Lawrence, Kansas 66044
(785) 843-3333 (crisis/office)
(800) 770-3030 (crisis)
(785) 841-0627 (FAX)
Leavenworth
ALLIANCE AGAINST FAMILY VIOLENCE
(Domestic Violence/Sexual Assault Program)
P.O. Box 465
Leavenworth, Kansas 66048
(913) 682-9131 (crisis)
(888) 682-9131 (crisis)
(913) 682-1752 (office)
(913) 682-3066 (FAX)
Liberal
LIBERAL AREA RAPE AND DOMESTIC VIOLENCE SERVICES
(Domestic Violence/Sexual Assault Program)
909 N. Clay
Liberal, Kansas 67901
(620) 624-8818 (crisis/office)
(888) 417-7273 (crisis)
(620) 626-6041 (FAX)
Lyons
FAMILY RESOURCE CENTER (SA/DVC)
(Domestic Violence/Sexual Assault Program)
117 West Ave. South
Lyons, Kansas 67554
(800) 701-3630 (crisis)
(620) 257-3272 (crisis)
(620) 257-3279 (FAX)
Manhattan
CRISIS CENTER, INC.
(Domestic Violence/Sexual Assault Program)
P.O. Box 1526
Manhattan, Kansas 66502
(785) 539-2785 (crisis)
(800) 727-2785 (crisis)
(785) 539-7935 (office)
(785) 539-8467 (FAX)
McPherson
SEXUAL ASSAULT AND DOMESTIC VIOLENCE CENTER, INC.
(serving Barber, Harper, Kingman, McPherson, Reno, and Rice
counties)
(Domestic Violence/Sexual Assault Program)
306 N. Main
P.O. Box 341
McPherson, Kansas 67460
(800) 701-3630 (crisis)
(620) 241-6615 (office)
(620) 241-8708 (FAX)
Newton
HARVEY COUNTY DOMESTIC VIOLENCE/SEXUAL ASSAULT TASK
FORCE
(Domestic Violence/Sexual Assault Program)
P.O. Box 942
Newton, Kansas 67114
(800) 487-0510 (crisis)
(316) 284-6920 (office)
(316) 284-6856 (FAX)
Overland Park
SAFEHOME, INC.
(Domestic Violence/Sexual Assault Program)
P.O. Box 4563
Overland Park, Kansas 66204
(913) 262-2868 - (crisis)
(888) 432-4300 (crisis)
(913) 432-9300 (office)
(913) 432-9302 (FAX)
Pittsburg
SAFEHOUSE, INC.
(Domestic Violence/Sexual Assault Program)
2809 N. Broadway, Bldg. 2, Suite 1
Pittsburg, Kansas 66762
(620) 231-8251 (crisis)
(800) 794-9148 (crisis)
(620) 231-8692 (office)
(620) 231-8693 (FAX)
(888) 320-7218 (crisis/Coffeyville)
(620) 251-3772 (Coffeyville satellite program)
(620) 331-7822 (Independence satellite program)
Salina
DOMESTIC VIOLENCE ASSOCIATION OF CENTRAL KANSAS
(Domestic Violence/Sexual Assault Program)
P.O. Box 1854
Salina, Kansas 67402
(785) 827-5862 (crisis/office)
(800) 874-1499 (crisis/office)
(785) 827-2410 (FAX)
Topeka
BATTERED WOMEN TASK FORCE
(Domestic Violence/Sexual Assault Program)
P.O. Box 1883
Topeka, Kansas 66601
(785) 234-3300 (crisis)
(888) 822-2983 (crisis)
(785) 354-7927 (office)
(785) 233-4867 (FAX)
KANSAS COALITION AGAINST SEXUAL AND DOMESTIC VIOLENCE
220 SW 33rd, Suite 100
Topeka, Kansas 66611
(785) 232-9784 (office)
(785) 232-9937 (FAX)
Ulysses
DOVES OF GRANT COUNTY
(Domestic Violence Program)
P.O. Box 563
Ulysses, Kansas 67880
(620) 356-2608 (crisis)
(620) 356-1049 (office)
(620) 356-1583 (FAX)
Wichita
HARBOR HOUSE
(Domestic Violence Program)
P.O. Box 3759
Wichita, Kansas 67201
(316) 263-6000 (crisis/office)
(316) 263-8347 (FAX)
NEW HOPE, INC.
(Domestic Violence Program)
504 E. 3rd St.
Wichita, Kansas 67202
(316) 265-1611 (office)
(316) 265-0738 (FAX)
WICHITA AREA SEXUAL ASSAULT CENTER
(Sexual Assault Program)
355 N. Waco
Wichita, Kansas 67202
(316) 263-3002 (crisis)
(316) 263-0185 (office)
(316) 263-0563 (FAX)
YWCA WOMEN'S CRISIS CENTER
(Domestic Violence Program)
P.O. Box 1740
Wichita, Kansas 67201
(316) 267-7233 (crisis)
(316) 263-2313 or (316) 263-7501 (office)
(316) 263-6350 or (316) 263-7503 (FAX)
LEGAL ASSISTANCE
Lawyer Referral Service of the Kansas Bar Association
(800) 928-3111
If you do not know a lawyer, you can call the Lawyer Referral Service.
If you do not have the resources to hire an attorney, there are Kansas
Legal Services offices that can help you. Check your yellow pages for
the office nearest you or call the Lawyer Referral Service for the nearest location.
KANSAS VICTIMS' RIGHTS COORDINATOR
Office of the Attorney General
120 W. 10th
Topeka, KS 66612
(800) 828-9745
(785) 291-3690
LAWYER REFERRAL SERVICE/Lawyer Advice Line
(800) 928-3111
Contact the KBA Lawyer Referral Service for the name and number of a
lawyer with experience in a particular area. That lawyer will provide
you an initial consultation for 30 minutes for no more than $15.
This pamphlet is based on Kansas law and is published to provide general
public information, not specific legal advice. The facts involved in a specific
case determine the application of the law.