LOUISIANA : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Louisiana law defines "domestic abuse" as the occurrence of one or more of the following acts between "family members", "household members":
Louisiana law defines stalking as the deliberate and intentional following or harassing of another person. To qualify as stalking, these actions must be repeated (occurring more than once), and they must cause a reasonable person to feel alarmed or to suffer emotional distress. Examples of stalking include verbal or behaviorally implied threats of kidnapping, bodily harm, sexual harm and death.
You can seek legal protection through a Protective Order from acts of abuse (as defined by Louisiana law) done to you or your children by "family or household members," which includes:
Note: A parent, adult household member, or the District Attorney can file on behalf of a minor child or an alleged incompetent adult.
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Emergency Temporary Restraining Orders
If you are in need of emergency protection outside regular court hours, the court may grant you an Emergency Temporary Restraining Order. This order provides you and your family members with immediate protection from an abuser. If you are issued this order, it will only be good until the close of the next day that the court is open. For the protection to remain in effect, you must go to court before the close of the next business day to request a Temporary Restraining Order and/or a Protective Order.
Temporary Restraining Orders
When you go to court to file for a long-term Protective Order, you can also ask for a Temporary Restraining Order (TRO). The court may issue you a TRO during an ex parte hearing without your abuser present.
If the court grants you a Temporary Restraining Order, the judge will immediately sign a Uniform Abuse Prevention Order and forward it to the clerk of court for filing. Then, the clerk of the issuing court will transmit this Uniform Abuse Prevention Order to the Louisiana Protective Order Registry.
As soon as a TRO is issued, your abuser will be notified that you have an order against him. The court will give you a date (usually within 15 days) for a full court hearing where you and your abuser have a chance to be present and tell your sides of the story.
Long-term Protective Orders
A long-term Protective Order can be issued only after a court hearing where you and the abuser both tell your sides of the story to a judge. You must attend that hearing. If you do not go to the hearing, your TRO may expire and you will have to start the process over. A long-term order will last for up to 18 months, unless otherwise stated. Orders may also be extended
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In a Temporary Restraining Order, a judge may order your abuser to:
In a long-term Protective Order (after a full hearing), a judge may:
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Nothing. There are no filing fees and court costs for this process.
Although you do not need a lawyer to file for a Protective Order, it may be to your advantage to seek legal counsel. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
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It is important to recognize the limitations of a Protection Order. You must be vigilant in enforcing the order's provisions by reporting every violation to the police and/or the court.
Through the Police or Sheriff (Criminal)
If your abuser violates the DVPO, call 911 immediately. In some cases, your abuser can be arrested. Tell the officers you have a TRO or a Protective Order and the defendant is violating it. If the defendant is arrested, then the District Attorney can prosecute your abuser because it is a crime to violate a DVPO. If found guilty of a violation of a DVPO, the defendant can be forced to pay a fine and/or go to jail.
Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.
If an abuser is stalking you and you have a long-term Protective Order or a Temporary Restraining Order in effect, he may face imprisonment and/or a fine. The penalties for repeat offenders are more severe.
File a Criminal Complaint (Criminal)
If the police are not involved or do not arrest him or file a criminal complaint against him, you still have the right to take out a criminal complaint against him.
Through the Civil Court System (Civil)
You may file for civil contempt for a violation of the order. The abuser is in "civil contempt" if he or she does anything that your DVPO orders him or her not to do. To file for civil contempt, go to the clerk's office and ask for a "Motion for Order to Show Cause" in a DVPO.
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