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Know the Laws: Louisiana

UPDATED April 14, 2017

Protective Orders (for Domestic Abuse)

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A protective order is a civil order that provides protection from a family or household member or a dating partner.

Who can get a protective order

back to topWho can get a protective order?

In Louisiana, you can seek legal protection from acts of domestic abuse done to you or your minor child by:

  • a family or household member, which includes your:
  • spouse or former spouse;
  • child, step-child, foster child, or grandchild;
  • parent, step-parent, foster parent or grandparents;* or
  • a dating partner, which is defined as any person who you have had an intimate or romantic relationship with, including a same-sex partner.  The judge will decide whether you have an intimate or romantic dating relationship based on:
  • the length of your relationship;
  • the type of relationship between yourself and the abuser; and
  • how often you and the abuser interacted.**

* LA R. S. 46: 2121.1(1)
** LA R. S. 46: 2151

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back to topCan I get a protective order against a same-sex partner?

In Louisiana, you may apply for a protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a protective order?  You must also be the victim of an act of domestic abuse, which is explained here What is the legal definition of domestic abuse in Louisiana?

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back to topCan I get a protective order if I'm a minor?

Yes.  However, as a minor (a person under the age of 18), you will need a parent, an adult household member or a district attorney to file for the protective order on your behalf.*

For the definition of a family or household member, see Who can get a protective order?

* LA R.S. 46: 2133(D)

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back to topCan I keep my insurance coverage even though my abusive spouse was the policyholder?

Probably. If you are a victim of domestic abuse and you are covered under your spouse's policy, you may be able to convert that insurance coverage to your own policy for you and your dependent children upon the judgment of divorce or judgment of legal separation from the abusive spouse.  The converted policy is supposed to provide the same benefits, including deductibles, coinsurance, and copayments, as the policy from which coverage is being converted.*

In order to convert the coverage to your own individual policy, you should:

  • Notify the health insurance company that you want to convert your spouse's policy into your own individual policy within 30 days of receiving the notice of termination; AND
  • Provide the health insurance company with a copy of the divorce decree or separation order.*

*  LA R.S. 22:1078(C)

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back to topAre there fees to get a protective order? Do I need a lawyer?

Nothing. There are no filing fees and court costs for this process.*  For other questions about filing, you can find contact information for courthouses on the LA Courthouse Locations page.

Although you do not need a lawyer to file for a protective order, it may be to your advantage to seek legal counsel, especially if the abuser has a lawyer.  If you cannot afford a lawyer but want one to help you with your case, you can find contact information for lawyers on our LA Finding a Lawyer page. 

* LA R.S. 46:2134(F)

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