Divorce and Paternity Cases: Temporary Restraining Orders; Ex Parte Temporary Orders
of Custody and Support; Limited Ex Parte Orders in Paternity Cases; Temporary Orders
upon Hearing; Immediate Exclusive Possession of the Marital Residence
Temporary Restraining Orders in Divorce Cases
Parties requesting temporary restraining orders, ex
parte or otherwise, shall use Domestic Form 1, separately or combined with Domestic Forms 2 or 3, unless a judge has specifically approved a different form. Parties may not submit a modified Domestic Form 1 to the signing judge without good cause and explaining all proposed changes, although inapplicable paragraphs may be struck. These temporary restraining orders shall issue upon request of either party.
Ex Parte Temporary Orders of Child Custody
and Support in Divorce Cases
Parties requesting ex parte temporary orders of child custody and support shall use Domestic Form 2, with or without the restraining orders, unless a judge has specifically approved a different form. Parties may not submit a substantively modified Domestic Form 2 to the signing judge without good cause and explaining all proposed changes, although inapplicable paragraphs may be struck.
Limited Ex Parte Orders in Paternity Cases
Ex parte temporary orders in paternity cases shall be limited to orders restraining both parties from harassing or interfering with the privacy rights of each other and/or an order confirming existing de facto custody of a child. See K.S.A. 23-2224.
Temporary Orders upon Hearing
Other temporary orders after hearing in paternity or divorce cases shall use Domestic Form 3, with or without the restraining orders, unless a judge has specifically approved a different form. Parties may not submit substantive modifications of Domestic Form 3 to the signing judge without good cause and explaining all proposed changes, although inapplicable paragraphs may be struck.
Immediate Exclusive Possession of the Marital Residence
Ex parte orders immediately granting exclusive possession of a residence to a party will not be granted absent evidence of a risk of violence or other extraordinary circumstances.
COURT APPROVED DOMESTIC FORM 1
IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS |
CIVIL COURT DEPARTMENT |
|
|
In the Matter of the Marriage of: |
|
________________________, |
Case No.23CV                                |
and |
Division ___________________ |
________________________. |
|
TEMPORARY DOMESTIC RESTRAINING ORDERS
NOW on this _____
day of ___________, 20___ upon application of the (petitioner) (respondent), the
Court issues the following Temporary Restraining Orders to remain in effect until
modified or terminated.
1. Husband and Wife are both restrained and
prohibited from bothering, harassing, molesting, or otherwise interfering with the privacy of the other at home
or work or elsewhere, in person or by telephone or e-mail or other electronic means. Neither Husband nor Wife shall
physically or verbally threaten the other with bodily harm or place the other in fear for his or her safety.
The terms of this Order shall be enforceable by any law enforcement officer to whom
a copy of this Order is exhibited and either party shall have the assistance of any such law enforcement officer
upon request without further Order of the Court. The parties are each advised that violation of this Order may
constitute violation of a protective order under K.S.A. 21-5924, as amended.
2. Husband and Wife are both restrained and
prohibited from altering, removing, selling, giving away, disposing, hiding, spending, mortgaging, pledging, or
encumbering any assets, including withdrawals from checking, savings or other financial accounts, unless reasonably
necessary for normal day-to-day business or personal expenses, for reasonable attorneys’ fees and litigation expenses,
in order to comply with this court’s orders, or with written consent from both Husband and Wife.
3. Husband and Wife are both restrained from destroying,
altering or hiding any personal or business records, whether written, electronic, or any other form.
4. Husband and Wife are both restrained and prohibited
from modifying, altering, changing or canceling any coverage, persons insured or beneficiaries named on any existing
insurance policy, whether for life, medical, dental, health, vehicle, disability, death, dismemberment or other type or
kind of insurance, unless with written consent from both Husband and Wife.
5. Other Orders:
A.
B.
C.
IT IS SO ORDERED.
________________________________
Judge of The District Court
COURT APPROVED DOMESTIC FORM 2
IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS |
CIVIL COURT DEPARTMENT |
|
|
In the Matter of the Marriage of: |
|
________________________, |
Case No.23CV                                |
and |
Division ___________________ |
________________________. |
|
EX PARTE TEMPORARY ORDERS
NOW on this _____
day of ___________, 20___ the above captioned matter comes on for hearing on Petitioner’s
Motion for Ex Parte Temporary Orders. Petitioner
appears by __________________. Whereupon, after reviewing Petitioner’s verified
Petition, Proposed Temporary Parenting Plan, Domestic Relations Affidavit, proposed Child Support Worksheet and
hearing statements of counsel, the Court issues the following Temporary Orders to remain in effect until modified
or terminated. These Orders are temporary in nature and not necessarily indicative of how this case may be resolved.
Respondent may move to modify these temporary orders at any time pursuant to K.S.A. 23-2707.
1. Husband and Wife are both restrained and
prohibited from bothering, harassing, molesting, or otherwise interfering with the privacy of the other at home or
work or elsewhere, in person or by telephone or e-mail or other electronic means. Neither Husband nor Wife shall
physically or verbally threaten the other with bodily harm or place the other in fear for his or her safety.
The terms of this Order shall be enforceable by any law enforcement officer to whom
a copy of this Order is exhibited and either party shall have the assistance of any such law enforcement officer upon
request without further Order of the Court. The parties are each advised that violation of this Order may constitute
violation of a protective order under K.S.A. 21-5924, as amended.
2. Husband and
Wife are both restrained and prohibited from altering, removing, selling, giving
away, disposing, hiding, spending, mortgaging, pledging, or encumbering any assets,
including withdrawals from checking, savings or other financial accounts, unless
reasonably necessary for normal day-to-day business or personal expenses, for reasonable
attorneys’ fees and litigation expenses, in order to comply with this court’s orders,
or with written consent from both Husband and Wife.
3. Husband and
Wife are both restrained from destroying, altering or hiding any personal or business
records, whether written, electronic, or any other form.
4. Husband and
Wife are both restrained and prohibited from modifying, altering, changing or canceling
any coverage, persons insured or beneficiaries named on any existing insurance policy,
whether for life, medical, dental, health, vehicle, disability, death, dismemberment
or other type or kind of insurance, unless with written consent from both Husband
and Wife.
5. Child-Custody Jurisdiction. The Court makes
a preliminary non-binding finding of child-custody jurisdiction under the following
UCCJEA provision: (home state) (significant connection) (emergency).
6. Children. The parties shall have
joint legal custody of the following minor child(ren): (Name and age).
“Joint legal custody” means Mother and Father have equal rights to involvement
in and responsibility for decisions affecting their child(ren)’s health,
education and welfare and does not have any bearing on the amount of time either
parent spends with the child(ren). As “joint legal custodians” neither Mother
nor Father has a primary right to decide matters regarding any child’s health,
education or schedule, without consulting the other parent or without that other
parent’s input to that decision, although many day-to-day decisions about a
child may be made by the parent with whom the child is then spending time.
7. Parenting Time. Both parents shall have parenting
time with the child(ren). Time with both
parents is the child’s right. The current daycare and school arrangements shall
not be changed absent written agreement of the parents or Court order.
Mother currently resides at:
Father currently resides at:
The parents shall
follow the temporary parenting time arrangement below, subject to minor alterations
by agreement between the parties (set out the schedule
in as much detail as possible, excluding holidays unless imminent; do not simply reference the parenting
plan or bar association guidelines):
Mother’s Parenting Time.
Mother shall have the following parenting times:
Father’s Parenting Time.
Father shall have the following parenting times:
Parenting Time Restrictions.
The following parenting time restrictions apply: (supervised, exchange provisions,
etc.)
8. Civility and Protection of the Child(ren) from Harmful Conflict. Each parent shall make every possible effort to protect their child(ren) from awareness of or involvement in conflict between the parents. Neither parent shall allow the minor child(ren) to read court pleadings or related documents. Neither parent shall make or allow others to make any critical or disparaging remarks about the other parent (or that parent’s family, friends and associates), while the minor child(ren) is/are present or can hear or read such remarks. Each parent shall make sure the minor child(ren) is/are not within the presence of any person making any critical or disparaging remarks about the other parent (or that parent’s family, friends and associates).
9. Child Support. ______________ shall pay to
_______________ $___________ each month as temporary child support, payable as provided
in paragraph (12).
10. Spousal Support. _____________ shall pay
to _______________ $___________ each month as temporary spousal support, payable
as provided in paragraph (12).
11. Payment Due Dates. Support payments shall
be due on a monthly basis beginning _________________, 20___.
12. Payment Location. All support payments shall
be paid through the Kansas Payment Center, P.O. Box 758599, Topeka, KS 66675-8599.
Payments shall contain both the case number and the designation of “JO.” Both Mother
and Father shall provide the Kansas Payment Center and the District Court Trustee’s
Office with any information requested and shall provide written notice of any change
of name, residence address, or employer within seven (7) days after the change.
13. Other Orders:
A.
B.
C.
IT IS SO ORDERED.
________________________________
Judge
of The District Court
COURT APPROVED DOMESTIC FORM 3
IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS |
CIVIL COURT DEPARTMENT |
|
|
In the Matter of the Marriage of: |
|
________________________, |
Case No.23CV                                |
and |
Division ___________________ |
________________________. |
|
TEMPORARY ORDERS
NOW on this _____ day of __________________ 20__, the above captioned matter
comes on for hearing on (Petitioner’s) (Respondent’s) Motion (for) (to Modify)
Temporary Orders. Petitioner appears
(with) (by) ______________.
Respondent appears (with) (by) ________________.
Whereupon, after reviewing the (verified Petition) (Proposed Parenting
Plan) (Domestic Relations Affidavit) (proposed Child Support Worksheet)
(exhibits) submitted by the parties and hearing statements of counsel, the Court
issues the following Temporary Orders to remain in effect until modified or
terminated. These Temporary Orders
supersede all previously filed temporary orders.
1. 1. Husband and Wife are both restrained and prohibited from
bothering, harassing, molesting, or otherwise interfering with the privacy of
the other at home or work or elsewhere, in person or by telephone or e-mail or
other electronic means. Neither Husband nor Wife shall physically or verbally
threaten the other with bodily harm or place the other in fear for his or her
safety. The terms of this Order shall be enforceable by any law
enforcement officer to whom a copy of this Order is exhibited and either party
shall have the assistance of any such law enforcement officer upon request
without further Order of the Court. The parties are each advised that violation
of this Order may constitute violation of a protective order under K.S.A.
21-5924, as amended.
2. Husband and Wife are both restrained and prohibited from
altering, removing, selling, giving away, disposing, hiding, spending,
mortgaging, pledging, or encumbering any assets, including withdrawals from
checking, savings or other financial accounts, unless reasonably necessary for
normal day-to-day business or personal expenses, for reasonable attorneys’ fees
and litigation expenses, in order to comply with this court’s orders, or with
written consent from both Husband and Wife.
3. Husband and Wife are both restrained from destroying, altering or
hiding any personal or business records, whether written, electronic, or any
other form.
4. Husband and Wife are both restrained and prohibited from
modifying, altering, changing or canceling any coverage, persons insured or
beneficiaries named on any existing insurance policy, whether for life, medical,
dental, health, vehicle, disability, death, dismemberment or other type or kind
of insurance, unless with written consent from both Husband and Wife.
5. Child-Custody Jurisdiction. The Court
makes a preliminary non-binding finding of child-custody jurisdiction under the
following UCCJEA provision: (home state) (significant connection) (emergency).
6. Children. The parties shall have
joint legal custody of their minor child(ren) (names, ages). “Joint
legal custody” means Mother and Father have equal rights to involvement in and
responsibility for decisions affecting their child(ren)’s health, education and
welfare and does not have any bearing on the amount of time either parent spends
with the child(ren). As “joint legal custodians” neither Mother nor Father has a
primary right to decide matters regarding any child’s health, education or
schedule, without consulting the other parent or without that other parent’s
input to that decision, although many day-to-day decisions about a child may be
made by the parent with whom the child is then spending time.
7. Parenting Time. Both parents shall have
parenting time with the child(ren). Time with both parents is the child’s right.
The current daycare and school arrangements shall not be changed absent written
agreement of the parents or Court order.
Mother currently resides at:
Father currently resides at:
The parents shall follow the temporary parenting time arrangement
set forth below, subject to minor alterations by agreement between the parties
(set out the schedule in as much detail as possible; do not simply
reference the parenting plan or bar association guidelines; only include
reasonably imminent holidays):
Mother’s Parenting Time.
Mother shall have the following parenting times:
Father’s Parenting Time.
Father shall have the following parenting times:
Parenting Time Restrictions.
The following parenting time restrictions apply: (supervised, exchange provisions,
etc.)
8.
Civility and Protection of
the Child(ren) from Harmful Conflict. Each parent shall make
every possible effort to protect their child(ren) from awareness of or
involvement in conflict between the parents. Neither parent shall allow the
minor child(ren) to read court pleadings or related documents. Neither parent
shall make or allow others to make any critical or disparaging remarks about the
other parent (or that parent’s family, friends and associates), while the minor
child(ren) is/are present or can hear or read such remarks. Each parent shall
make sure the minor child(ren) is/are not within the presence of any person
making any critical or disparaging remarks about the other parent (or that
parent’s family, friends and associates).
9. Child Support. ______________ shall pay to
_______________ $___________ each month as temporary child support, payable as provided
in paragraph (12).
10. Spousal Support. _____________ shall pay
to _______________ $___________ each month as temporary spousal support, payable
as provided in paragraph (12).
11. Payment Due Dates. Support payments shall
be in equal monthly installments beginning _______________, 20___.
12. Payment Location. All support payments
shall be paid through the Kansas Payment Center, P.O. Box 758599, Topeka, KS
66675-8599. Payments shall contain both the case number and the designation of
“JO.” Both Mother and Father shall provide the Kansas Payment Center and Johnson
County District Court Trustee’s Office with any information requested and shall
provide written notice of any change of name, residence address, or employer
within seven (7) days after the change.
13. Income Withholding Provisions. (use applicable
provisions).
Child Support. (with or
without spousal support). The District Court Trustee shall issue an
immediate Income Withholding Order to Obligor’s employer under K.S.A.
23-4,107(b) to enforce this order for support.
Spousal Support Only. The District Court
Trustee shall issue an income withholding order under K.S.A. 23-3103(b),
if: (i) The obligor and obligee consent in writing to issuance; or (ii)
an arrearage amount of at least two months support exists and
(a) a Notice of Intent has been timely mailed to the parties and
(b) either no motion to stay withholding has been filed or a motion to stay
withholding was denied.
No withholding ordered. It is in the
child(ren)’s best interests that no immediate automatic wage withholding order
issue at this time. Income withholding from Obligor’s income shall take effect
to enforce these support orders if: (i) This order is
administered under Title IV-D, as defined by the District Court Trustee; or (ii)
This order is not administered under Title IV-D, as defined by the District
Court Trustee, and (a) There is an arrearage in support
payments equal to or greater than the amount payable for one month, and
(b) There is compliance with K.S.A. 23-3103, as amended.
14. Other Orders:
A.
B.
C.
IT IS SO ORDERED.
________________________________
Judge
of The District Court
|