Conozca la Ley: Louisiana
ACTUALIZADA 19 de julio, 2008
A DVPO is a civil order that provides protection from a family or household member.
- Basic Information
- Can I get a protective order?
- What are the steps for obtaining a protective order?
- After the Hearing
Basic Information
arribaWhat is the legal definition of domestic abuse in Louisiana?
This section defines domestic violence for the purposes of getting a protective order.
Louisiana law defines "domestic abuse" as the occurrence of one or more of the following acts between "family members" or "household members":
- attempted or actual physical abuse
- attempted or actual sexual abuse
- any offense as defined in the Criminal Code of Louisiana (including stalking)
- elder abuse, which is defined as "abuse or neglect" of an adult committed by an adult child or adult grandchild.*
Note: The only crimes not included in #3 are negligent injury and defamation (saying false things that injure a person's reputation).
Louisiana law defines stalking as the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. Examples of stalking include threats of any crime (such as kidnapping, bodily harm, sexual harm and death) made with words or by actions. The threats can be to you or to any member of your family or any person who you are acquainted with. Stalking can also include uninvited presence of the stalker at your home, workplace, school, or any place which would cause a reasonable person to be alarmed.**
To read the exact wording of the law, you can go to our LA Statutes page.
* LA R.S. 46:2132(c)
** LA R.S. 14:40.2(A)
arribaWhat are Protective Orders? What types are there?
A Protective Order is a civil court order intended to provide protection from physical or sexual harm caused by force or threat of harm from a family or household member. In other words, a Protective Order is designed to keep an abuser from hurting you and your family anymore. There are three types of orders:
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. (See How do I change, extend, or cancel my Protective Order?)
Note: If a suit for divorce is pending, the petition for domestic abuse assistance must be filed in that proceeding. *
* LA R.S. 46:2135; 46:2136.
arribaHow can a Protective Order help me?
In a Temporary Restraining Order, a judge may order your abuser to:
- Stop threatening, harassing, or hurting you
- Not contact or interfere with you or your children
- Stay away from your residence, place of employment, school, and so on (you must specifically request these places)
- Prevent you and the abuser from giving away, selling, or destroying any mutually-owned property
- Move out of the residence (if you lived together) and not return
- Note: If your abuser solely owns or leases the house or apartment, he may not be asked to move out
- Return your personal property to you
- Give you possession of your pet or order your abuser to stop abusing your pet
- Temporary Custody
In a long-term Protective Order (after a full hearing), a judge may:
- Order all of the relief available from a Temporary Restraining Order
- Establish temporary visitation
- Award temporary support
- Order your abuser to attend counseling or professional medical evaluation
- Order your abuser to pay court costs and other fees, such as expert witness' fees, medical and/or psychological bills. *
* LA R.S. 46:2135; 46:2136.
arribaIn which parish can I file for a protective order?
You can file for a protective order in the parish where the marital home is located (or the home you shared with the abuser if you are unmarried), the abuser lives, the abuse occurred,where you live, or where divorce or annulment proceedings could be filed.*
* LSA R.S 42:2133(B)