What Steps Can I Take If a Restraining Order Plaintiff Harasses My Family?

Question from Barbie, What Steps Can I Take If a Restraining Order Plaintiff Harasses My Family?

Answer from AI:

Understanding the Situation

You have a restraining order against someone who is now harassing you and your family through multiple fake social‑media accounts, admitting to doxing, and even changing a profile picture to reference you. The police have traced those accounts back to the plaintiff and issued a report.

Legal Framework in Kansas

• Kansas Protection from Abuse Act (KPA) – governs restraining (protection) orders.
• Kansas Stalking and Sexual Assault Protection Order Act – addresses stalking and related harassment.
• Unclean‑hands doctrine – a court may refuse relief to a party who has acted inequitably, but it is a defensive argument, not a guarantee of dismissal.

Immediate Steps You Can Take

1. Preserve Evidence

   • Save screenshots of all harassing messages, posts, and the altered profile picture.
   • Keep copies of the police report and any correspondence with law‑enforcement.

2. Notify the Court

   • File a written notice of violation of the restraining order with the clerk of the court that issued the order. Kansas courts typically require the violation to be documented in writing before a hearing.

3. Consider a Motion to Modify or Dissolve the Order

   • Review the order’s terms to see if it allows for modification or termination.
   • A motion to dismiss (or more accurately, a motion to vacate or modify the order) must be supported by the new evidence of the plaintiff’s own violations.

4. Request a Paper Ruling

   • You may ask the judge for a written decision on any motion filed. Kansas Rule of Civil Procedure 6(b) permits parties to request a decision based on the record without oral argument, though the court will decide whether to grant it.

How a Motion Might Proceed

Step	What to Do
Draft the motion	Explain that the plaintiff is violating the very order she obtained, attach the police report, screenshots, and any other proof.
File with the clerk	Submit the motion and pay any filing fee (or request a fee waiver if you qualify).
Serve the plaintiff	Provide a copy of the motion to the plaintiff or her attorney, as required by Kansas law.
Request expedited handling	Cite the ongoing harassment and the police report; the court may schedule a hearing quickly or decide on the papers.

Possibility of Dismissal Before the Court Date

• The court can grant a motion to vacate the order before a scheduled hearing if it finds the plaintiff’s conduct defeats the purpose of the order.
• However, the judge has discretion; the court may still set a hearing to hear both sides.

Using the “Unclean Hands” Argument

• You can argue that the plaintiff’s own illegal conduct (harassment, doxing, false statements) makes her inequitable.
• This argument is evidence‑based, not a standalone legal rule; it must be part of a broader showing that the order is no longer necessary or appropriate.

When to Seek Professional Help

Because the issues involve criminal conduct, civil protective orders, and procedural motions, consult a licensed Kansas attorney who can:

• Tailor the motion to the specific language of the existing order.
• Advise on the likelihood of a paper ruling versus a hearing.
• Represent you if the matter proceeds to trial.

Helpful Resources

• Kansas Judicial Branch – Protective Orders – provides forms and procedural guidance.
• National Coalition Against Domestic Violence (NCADV) – offers information on stalking and online harassment.

These steps give you a roadmap for responding to the plaintiff’s violations and seeking relief from the court.