The following form is a Motion that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Kansas Motion to Dismiss for Misconduct of Police
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How to fill out Motion To Dismiss For Misconduct Of Police?
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FAQ
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
(2) On its own, the court may dismiss a case without prejudice for lack of prosecution, but only after notice to counsel of record, not less than 14 days prior to the intended dismissal, that an order of dismissal will be entered unless cause is shown for not doing so.
FINAL PFA ORDER BY DEFAULT: If the Defendant does not appear at the Final PFA Hearing and there is sufficient proof that the Defendant received proper notice of the date and time of the hearing, then a Final PFA Order may be issued against the Defendant, for up to three (3) years.
A Protection Order is a civil remedy legally ordering a defendant (offending party) to stop all communication both direct (phone calls, text messages, email, personal visits at home/work) or indirect (message through a third party, leaving messages/gifts) with the applicant or plaintiff (victim of abuse).
If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
If the plaintiff violates a PFA order in Kansas, the court can hold them in contempt of court, which means they have disobeyed a court order. The penalties for contempt of court can include fines, a jail sentence, or both.
Appealing a final PFA or PFS order is an extremely difficult task. In Jordan v. Jordan, the Kansas Court of Appeals noted that the trial court is given extreme deference in making its determination when issuing final orders of protection. Because of this deference, reversing the decision is virtually unheard of.
If you wish to drop the PFA, the Court Clerk's office has the necessary forms. You will need to complete the forms and then have the Judge who issued the ?No Contact? Order sign off on your dismissal. Do not drop the PFA if you still have concerns about your or your child(ren)'s safety.