Guy Neighbors
Attorneys from your service help people in need however the attorneys should not assume a respondent is guilty bases on his skin color or hearsay. Someone should be checking each story for admissible evidence before they request an order of protection against a respondent.
I did not mention any names in this review because the attorney in question is providing a very valuable service and for the privacy of the parties involved. I'm leaving my name to accept responsibility for my review.
Thank you
Maybe this posting will raise awareness and cause some change.
Very good service
It would appear Kansas Legal Services assists women who file for orders of protection without doing any kind of reasonable pre-filing investigation and without checking for admissible evidence to file on the record when the order of protection is requested in the court. The respondent in the case mentioned above is working in law enforcement and the order of protection could cost him his job and end his military career. The respondent’s wife suffers from mental illness and her attorney (from Kansas Legal Services) filed in court a petition that will clearly support the mental illness claim. The process the Kansas Legal Service and the court uses to issue these orders of protection is a complete violation of the respondent's procedural due process rights. The court is supposed to have a pre-determination hearing where the attorney would show beyond a reasonable doubt the evidence to support the allegations of abuse. The court is supposed to have a hearing to rule on the evidence in a "meaningful time frame" before the protection order is granted. If the court grants the order without viewing the evidence they would in effect be convicting the respondent of the abuse charges and now the respondent is going into the hearing adjudicated as guilty. Once the respondent requests an emergency hearing and the court ignores the request the court accepts civil liability for "Procedural Due Process" violation that began with the filing of the order of protection without supporting evidence that is admissible in court. In the instant case, the Kansas Legal Service is liable when an attorney accepts a case without checking for admissible evidence prior to filing for the order of protection. The court will not have proper jurisdiction if the affidavit is defective and or signed by a person that is suffering from mental illness. The attorney, in this case, has failed to move to correct this situation by dismissing the case even after she informed the respondent that she has no evidence or exhibits to bring to court. The attorney offered as a deal to the respondent the opportunity to sign and agree to the order of protection without stipulating to the defective petition the petitioner filed in court. It would appear the attorney and the petitioner thinks this situation is a game. This willful disrespect is the cause of the 3.5 million dollar counterclaim that is filed in the court record and the reason the attorney will be defending against a defamation civil action in the very near future.
Kansas Legal Services is a US Lawyer based in Topeka, Kansas. Kansas Legal Services is located at 712 S Kansas Ave # 201, Topeka, KS 66603, USA.
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