Louisiana Protective Orders Laws

Louisiana offers several different types of protective orders. Knowing which one fits your situation isn’t always clear. To help, this guide will examine the restraining orders available in the state of Louisiana, explain what they can do, and outline the process for getting the one you need. Read on to expand your understanding of protective orders in Louisiana.

Louisiana Protective Orders Laws – Types of Court Orders

The restraining orders available in Louisiana have a lot in common. The petitioning process is similar, and they all use provisions to keep the abuser away from the victim and out of contact. The differences are found in the people involved and the abusive acts committed. To make it easier to determine which order best fits your situation, let’s take a look at each of them.

Domestic Abuse Protective Orders

Domestic violence crimes can ruin relationships and destroy families. Louisiana law refers to domestic violence as domestic abuse. To receive this classification, certain abusive crimes must occur between people in close, personal relationships. Both elements are required for a domestic abuse label in Louisiana.

The Domestic Abuse Assistance Act and the Dating Violence Act were created to help victims. The people involved are family members, household members, and dating partners. A separate protective order is available for dating violence, but it’s essentially the same as a domestic abuse restraining order. The eligible people and relationships are:

• Spouses
• Former spouses
• Parents (includes step-parents and foster parents)
• Children (includes grandchildren, great-grandchildren, stepchildren, and foster children)
• Grandparents and great-grandparents
• People in a sexual or intimate relationship who live together
• People who were in a sexual or intimate relationship and lived together
• Dating partners in a sexual or intimate relationship (no shared residency requirement)
• Dating partners who were in a sexual or intimate relationship (no shared residency requirement)

Domestic abuse can’t occur between strangers or casual acquaintances. A crime between them is still a crime and prosecutable, but isn’t eligible for domestic abuse protections. Louisiana law also includes other ascendants and descendants as family members and defines household members to include certain other people who live or have lived in the same residence with the defendant, as well as the defendant’s children, even if they live elsewhere.

Louisiana considers a large number of abusive and violent acts as having the potential for domestic abuse classification. Any offense under one of these categories qualifies:

• Physical abuse
• Sexual abuse
• Any offense against the person (physical or non-physical) under Louisiana law, except for negligent injury and defamation

If an act in one of these categories happens between family members, household members, or dating partners, it’s domestic abuse in Louisiana. This enables access to special protections and programs for the victim, including domestic abuse restraining orders and protection orders.

Stalking Protection Orders

These restraining orders and protective orders are for victims of stalking and cyberstalking. Unlike a domestic abuse order, the relationship between the victim and the abuser doesn’t matter. Any victim of stalking or cyberstalking can get an order. Criminal charges or police reports aren’t required, but they can make it easier to get an order.

These restraining orders and protective orders are for victims of stalking or cyberstalking when the stalker is not a family member, household member, or dating partner. For those relationships, domestic abuse or dating‑violence protective‑order laws often apply.

Sexual Assault Protection Orders

Sexual assault restraining orders and protective orders are available for victims of nonconsensual sexual contact who are not family members, household members, or dating partners with their assaulter. Much like domestic abuse, Louisiana considers a broad range of sexual offenses as sexual assault.

Louisiana Protective Orders Laws – What Restraining Orders and Protective Orders Can Do

Restraining orders and protective orders aren’t identical under Louisiana law. Restraining orders are available ex parte, which means they are issuable without the defendant (abuser) appearing before the court. A protective order is issued only after a full court hearing with the defendant present or if they don’t oppose the order.

Both forms of protection operate through provisions. These are a set of conditions that tell the defendant what they can and cannot do with regard to the petitioner and their family. Provisions can also cover other issues, such as child custody, who gets to stay in a home, and who gets the family pets.

While some provisions are common inclusions, each order is tailored to the victim’s needs. For example, a stalking protective order won’t have custody provisions. The court can also add any other condition it considers necessary. Regular provisions include:

• Ordering the defendant not to abuse, harass, or interfere with the petitioner
• Ordering the defendant to stay away from the residence or place of employment of the petitioner
• Awarding use and possession of shared, owned, or leased property to one of the parties
• Awarding possession of a shared residence or household to the petitioner and evicting the defendant (conditional on ownership)
• Forbidding either party from transferring, encumbering, or otherwise disposing of shared property unless an agreement is made
• Awarding temporary custody of minor children or persons alleged to be incompetent to a party
• Awarding or restoring possession to the petitioner of all separate property and all personal property
• Awarding the petitioner the exclusive care, possession, or control of any pets
• Ordering the defendant to refrain from harassing, interfering with, abusing, or injuring any pet held by either party
• Requiring the surrender of all firearms under federal law, if applicable
• Ordering the defendant to make payment of temporary support (final protection order only)
• Awarding temporary custody of minor children or establishing temporary visitation rights with any conditions deemed necessary by the court (final protection order only)
• Ordering either a medical evaluation, a mental health evaluation, or both of the defendant by an independent court-appointed evaluator who qualifies as an expert in the field of domestic abuse (final protection order only)
• Ordering counseling or mental health treatment as determined by an evaluation (final protection order only)

Orders can use some, all, or none of the provisions listed above. Not all provisions are available for each type of order.

Louisiana Protective Orders Laws – How To Get One

The differences between obtaining the orders are the paperwork and the venue. Aside from that, they’re almost the same. Getting any temporary order in Louisiana begins with filling out a petition. These are available at the court clerk’s office or online. Make sure you get the correct form:

• Domestic Violence/Dating Violence
• Stalking or Sexual Assault

If possible, get help from a domestic violence advocate or a sexual abuse advocate near you. They have experience filing petitions. Advocates can also help you find shelters, provide legal assistance, and much more.

The court you’ll file in depends on the type of order you’re petitioning for. During regular court hours, these are your options:

• Domestic Abuse/Dating Violence: Any court that can hear family matters, juvenile matters, or other available courts in a parish where the petitioner (victim) resides, where the defendant (abuser) resides, where the household is located, where the abuse occurred, or where actions for divorce or annulment could be brought
• Stalking: Any district civil court
• Sexual Assault: Any court that can hear family matters or juvenile matters in the parish where the victim resides, where the abuser resides, or where the abuse occurred

Immediate relief is available even when the courts you’re supposed to file in are closed. You can file for an emergency temporary restraining order in any court when you’re in danger of abuse. An emergency order lasts until the end of the next business day. This allows the petitioner to have protection until they can file in the proper venue.

When filling out the petition, provide as much detail as possible about the abuses you suffered. There’s no charge for filing an order. The clerk of court can help but can’t offer legal advice. Once finished, the clerk sends the petition to a judge. The judge may have further questions for you to determine the threat level.

If the court doesn’t think you’re in immediate danger, you’ll still have a chance to get a final order after a court hearing within 21 days. If the court agrees that the defendant poses a present danger of abuse, a temporary restraining order (TRO) is issued. The sheriff’s department will serve a copy of the order to the defendant. In some jurisdictions, you may have to bring the order to law enforcement.

A TRO lasts either 21 days or until a court hearing. The provisions are enforceable once the defendant is served. If the defendant opposes the order, the case is settled at a court hearing. Both parties can tell their side of the story, call witnesses, and present evidence. If the petitioner proves through a preponderance of the evidence that the defendant is an ongoing danger, a final protective order is issued.

A final protective order lasts 18 months. However, provisions prohibiting abuse, harassment, and interference can become permanent injunctions with no expiration date. The petitioner can file for an extension, which involves another court hearing.

All orders are recorded on a Uniform Abuse Prevention Order form and entered into the Louisiana Protective Order Registry. Copies are sent to law enforcement in the appropriate parishes.

Under federal law, all restraining orders and protective orders are enforceable anywhere in the country. This includes tribal reservations and territories. States honor the orders of other states as well. Keep a copy of your order with you at all times. If you’re going to be in a location away from your home for a while, give a copy of the order to local police along with a picture of your abuser.

Louisiana Protective Orders Laws – Violation Penalties

The penalties for violating a protective order must carry enough weight to deter abusers. Louisiana doesn’t shirk from this responsibility. Sanctions for violations can start with jail time and increase in severity for repeat offenders:

• First violation: Up to six months of imprisonment and a fine of up to $500
• Any violation after the first: Between 14 days and two years imprisonment and a fine of up to $1,000
• Any violation involving a crime of violence or entering a location prohibited by the order while in possession of a firearm: Between three months and two years imprisonment and a fine of up to $1,000
• Any violation involving a crime of violence or entering a location prohibited by the order while in possession of a firearm within five years of a previous violation: Between one and five years imprisonment and a fine of up to $2,000

When a violation involves certain aggravating circumstances or prior convictions, the court must impose mandatory minimum jail time without benefits and order completion of a domestic abuse intervention or similar program; in those cases, the mandatory minimum portion of the sentence cannot be suspended.

Louisiana Protective Orders Laws: Additional Resources

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Louisiana Coalition Against Domestic Violence
• Overview of Restraining Orders and Protective Orders
• Domestic Violence FAQ
• Louisiana Filing Court Locator

Need Help With a Louisiana Protective Order? An Attorney Can Help

It’s time to escape the abuse. A Louisiana domestic violence attorney can make sure you have the proper protections in place as you find a better life.

If you’re facing criminal proceedings for violation of a protective order or have received service of process, it’s time to talk to a Louisiana criminal defense attorney. They can help you fight preliminary injunctions and represent you up to the Louisiana Supreme Court.