State of Kansas v. John C.T. Boese

Wichita, Kansas, criminal defense lawyer represented the Defendant charged with a violation of a protection from "abuse" order under K.S.A. 21-5924(a)(1) (a PFA)

Reported by Kent Morlan

Boese and M.M. had three children together in a long-time rocky relationship. In
January 2021, M.M. decided she needed to get away from Boese. Over the next several
months, Boese sent her constant unwanted emails, texts, and voice messages. In March,
M.M. did not have anywhere else to go after Boese threatened her with a gun, so M.M.
began living with Boese's mother.
On April 8, 2021, M.M. received several texts from Boese stating that he would
kill himself or kill her. M.M. contacted the sheriff to request a welfare check on Boese.

The next day, M.M. received a temporary order of protection from stalking, sexual
assault, or human trafficking against Boese. In seeking the order, M.M. listed Boese's
mother's home as her home address.

A week after the PFS was granted, Boese texted his mother; each of his messages
referenced M.M. Boese's mother was upset by the texts and showed them to M.M. In
May, Boese sent more upsetting texts to his mother. Mother shared them with M.M.
because she "knew the situation, and [M.M.] needed to know, for her own protection . . . everything that was going on." Boese sent more messages to his mother in June, which his mother shared with M.M. because it seemed like he was blaming M.M. for losing his job. On July 20, 2021, the district court issued a final protection from stalking, sexual
assault, or human trafficking order against Boese—which remained in effect until July 14, 2022.

The district court held a bench trial on June 24, 2022. At the State's request, the
district court took judicial notice of the temporary PFS as well as the final PFS order.
During the trial, both parties, witnesses, and the district court judge referenced the orders as PFA's and PFS's—using the terms interchangeably in some instances and self-correcting to PFS at other times.

Reversed