By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2023
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A protective order is a court-certified document that prohibits the person named in the order from getting within a certain distance of the person seeking the order. If the named person violates the order, they can be arrested and charged with a crime. Sometimes referred to as "restraining orders," protective orders are most often used in cases of domestic abuse, but can also be used to try to keep stalkers away.
Louisiana takes domestic violence very seriously, and survivors of domestic abuse and those who feel threatened can use protection orders to shield themselves from further harassment and abuse. Louisiana also has emergency protection orders, which can be put in place quickly so the threatened person has more time to request a permanent order. Additionally, federal protection order law requires states to honor and enforce valid orders issued by other states.
This article provides a brief overview of Louisiana protective orders.
The table below provides an overview of Louisiana statutes regarding protective orders. You can visit FindLaw's Orders of Protection and Restraining Orders section for more articles and resources on this topic.
Code Section |
§ 46:2131 et seq. of the Louisiana Revised Statutes |
|---|---|
Activity Addressed by Order |
Directing the defendant to refrain from abusing, harassing, or interfering with the person or employment or going near the residence or place of employment of the petitioner, the minor children, or any person alleged to be incompetent, on whose behalf a petition was filed; awarding to a party use and possession of specified jointly owned or leased property, such as an automobile; granting possession to the petitioner of the residence or household to the exclusion of the defendant, by evicting the defendant or restoring possession to the petitioner where: the residence is jointly owned in equal proportion or leased by the defendant and the petitioner or the person on whose behalf the petition is brought; the residence is solely owned by the petitioner or the person on whose behalf the petition is brought; or the residence is solely leased by defendant and defendant has a duty to support the petitioner or the person on whose behalf the petition is brought; prohibiting either party from the transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business, or for the necessary support of the party or the minor children; awarding temporary custody of minor children or persons alleged to be incompetent; awarding or restoring possession to the petitioner of all separate property and all personal property, including but not limited to telephones or other communication equipment, computers, medications, clothing, toiletries, social security cards, birth certificates or other forms of identification, tools of the trade, checkbooks, keys, automobiles, photographs, jewelry, or any other items or personal effects of the petitioner and restraining the defendant from transferring, encumbering, concealing, or disposing of the personal or separate property of the petitioner; granting to the petitioner the exclusive care, possession, or control of any pets belonging to or under the care of the petitioner or minor children residing in the residence or household of either party, and directing the defendant to refrain from harassing, interfering with, abusing or injuring any pet, without legal justification, known to be owned, possessed, leased, kept, or held by either party or a minor child residing in the residence or household of either party |
Duration of Order |
Maximum of 18 months, may be extended for an indefinite period to refrain the defendant from abusing, harassing, or interfering with the petitioner |
Penalty for a Violation of Order |
First offense: contempt of court, imprisonment maximum 6 months and/or fine, maximum $500Second or subsequent offense: the offender shall be fined not more than $1,000 and imprisoned with or without hard labor for not less than 14 days nor more than two years |
Who May Apply for Order |
Any parent; adult household member, parent, or district attorney on behalf of a minor or incompetent; “Family members" means spouses, former spouses, parents and children, stepparents, stepchildren, foster parents, foster children, other ascendants, and other descendants. “Family member" also means the other parent or foster parent of any child or foster child of the offender. “Household members" means any person presently or formerly living in the same residence with the defendant and who is involved or has been involved in a sexual or intimate relationship with the defendant, or any child presently or formerly living in the same residence with the defendant, or any child of the defendant regardless of where the child resides. “Dating partner" means any person protected from violence. If a parent or grandparent is being abused by an adult child, adult foster child, or adult grandchild, the provisions of this Part shall apply to any proceeding brought in district court |
Can Fees Be Waived? |
There is no filing fee in Louisiana |
Order Transmission to Law Enforcement |
Copy of Uniform Abuse Protection Order to chief law enforcement official of parish where protected persons reside, by end of next business day after filing; Louisiana Protective Order Registry no later than next business day. |
Civil Liability for Violation of Order |
Contempt of court |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If someone is hurting you or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the future, you may want to get a protective order.
Please contact a Louisiana domestic violence attorney for help.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Louisiana attorneys offer free consultations.
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