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Legal Information: Louisiana

Louisiana Restraining Orders

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Restraining Orders

Protective Orders (for Domestic Abuse)

Basic information

What is the legal definition of domestic abuse in Louisiana?

This section defines domestic violence/abuse for the purposes of getting a protective order. “Domestic abuse” includes, but is not limited to, one or more of the following acts between “family members,” “household members,” or “dating partners”:

  1. physical abuse;
  2. sexual abuse;
  3. stalking or cyberstalking;
  4. “abuse of an adult” that is committed by an adult child against his/her parent or an adult grandchild against his/her grandparent – in this context, “abuse” can include physical or mental injury, sexual abuse, abandonment, isolation, exploitation, or extortion of funds or other things of value;1 or
  5. any other crime (“offense”) in Louisiana, whether it’s physical or non-physical, which you can access on the Louisiana Legislature website - however, “negligent injury” and “defamation” are not considered to be an offense for these purposes.2 

1 LA R.S. 46:2132(3), (4); LA R.S. 15:1503(2)
2 LA R.S. 46:2132(3), (4)

What types of protective orders are there? How long do they last?

There are three types of protective orders:

Emergency Temporary Restraining Orders: If you are in need of emergency protection outside of regular court hours, the court may grant you an emergency temporary restraining order if there is an “immediate and present danger of abuse.” The judge must consider any and all past history of abuse, or threats of abuse, in determining whether or not there is an immediate and present danger of abuse. (There is no requirement that the abuse itself be recent, immediate, or present.)  If you are issued this order, it will only be good until the close of the next business 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.1

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 the abuser present if there is an “immediate and present danger of abuse.” The judge must consider any and all past history of abuse, or threats of abuse, in determining whether or not there is an immediate and present danger of abuse. (There is no requirement that the abuse itself be recent, immediate, or present.)  As soon as a TRO is issued, the abuser will be notified that you have an order against him/her. The court will give you a date, usually within 21 days, for a full court hearing where you and the abuser each have a chance to be present and tell your sides of the story.2

Long-term Protective Orders: A long-term protective order can be issued only after a court hearing where you and the abuser both have the opportunity to 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.3  However, the part of the order that says the abuser should not ”abuse, harass, or interfere with the petitioner or his/her employment; should not go near the residence or place of employment of the petitioner, the minor children, or any person on whose behalf a the petition was filed” can last for an indefinite period of time.4  Orders may also be extended.  See How do I change, extend, or cancel my protective order?

1 LA R.S. 46:2135(A),(F)
2 LA R.S. 46:2135(A)
3 LA R.S. 46:2136(F)(1)
4 LA R.S. 46:2136(F)(2)(a); see also LA R.S. 46:2135(A)(1)

What protections can I get in a protective order?

In a temporary restraining order, a judge can order the abuser to:

  • stop threatening, harassing, or hurting you;
  • not contact or interfere with you or your children – and give you temporary custody;
  • stay away from your and your children’s residence, places of employment, schools, etc.;
  • not give away, sell, or destroy any mutually-owned property;
  • move out of the residence if you live together; Note: If the abuser solely owns or leases the home, s/he will not be asked to move out unless s/he has a legal duty to support you or your children;
  • return your personal property to you;
  • stop abusing your pet; and
  • give you possession of your pet.1

In a long-term protective order, a judge may:

  • order all of the relief listed above; and
  • include the following additional terms:
    • establish temporary visitation;
    • order the abuser to pay temporary child support if you have children with the abuser;
    • order the abuser to pay temporary spousal support if you are married to the abuser;
    • give you possession of a shared home, even if the abuser owns it, if you are the abuser’s spouse or have custody of your and the abuser’s minor children;
    • order a medical or mental health evaluation, or both, of the abuser to be conducted by an independent court-appointed evaluator who qualifies as an expert in the field of domestic abuse and who has no family, financial, or prior medical or mental health relationship with the abuser or his/her attorney of record; and
    • order the abuser to attend counseling.2

In addition, the law says that the abuser must (“shall”) pay for all of your court costs, attorney fees, costs of enforcing or modifying the order, costs of appeals, evaluation fees, and expert witness fees based on filing or defending any proceeding concerning a domestic abuse protection order. The abuser must also pay for all costs of medical and psychological care for you or for your children when the care is needed due to the domestic violence.3

Note: Louisiana law prohibits abuser from possessing a firearm or carrying a concealed weapon while the long-term protective order is in effect if:

  • the order includes a finding that s/he represents a believable (credible) threat to the physical safety of a family member, household member, or dating partner; and
  • the order includes a notice about this law and about the federal firearm law.4

1 LA R.S. § 46:2135
2 LA R.S. § 46:2136
3 LA R.S. § 46:2136.1
4 LA R.S. § 46:2136.3

In 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 if you are married; 
  • the home you shared with the abuser is located if you are unmarried; 
  • where you live; 
  • where the abuser lives;
  • where the abuse occurred; or
  • where divorce or annulment proceedings could be filed.1

1 LA R.S. 46:2133(B)

If the abuser lives in a different state, can I still get an order against him/her?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
  3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Who can get a protective order

Who can get a protective order?

In Louisiana, anyone who has one of the following relationships to the abuser can be eligible for a protective order:

  • a family member, which includes:
    • a spouse or former spouse;
    • a child, step-child, foster child;
    • grandchildren, great-grandchildren (“descendants”);
    • a parent, step-parent, foster parent;
    • grandparents, great-grandparents (“ascendants”);
    • the other parent of the abuser’s child; and
    • the other foster parent of the abuser’s foster child;
  • a household member, which includes:
    • someone who live(d) with the abuser in the same home and is/was in a sexual or intimate relationship with the abuser;1 and
    • any child who live(d) in the same home as the abuser; and
  • a dating partner, which is defined as someone who is/was involved in a sexual or intimate relationship with the abuser, regardless of whether they ever lived together.2

1 LA R. S. 46: 2132(4)
2 LA R. S. 46: 2151(B)

Can 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?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

Can I get a protective order if I'm a minor?

As a minor, 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.1

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

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

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

There are no filing fees and court costs for this process.1 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.  

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

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

Steps for obtaining a protective order

Step 1: Fill out the necessary forms and file them in court.

To start your case, you will need to fill out the necessary forms from the courthouse or you can download the forms first from our LA Download Court Forms page and fill them out at home.

On the forms, you are the “petitioner” and the abuser is the “defendant.”  Read the petition carefully and ask questions of the court clerk if you don’t understand something. Write about the most recent incidents of violence, using descriptive language, such as slapping, hitting, grabbing, choking, threatening, etc., that fits your situation. Be specific. Include details and dates, if possible.

A domestic violence organization may be able to provide you with help or support as you fill out the forms. See LA Advocates and Shelters for an organization near you.

Do not sign the application until you have shown it to a clerk. The form may need to be notarized or signed in the presence of court personnel, which will likely require you to have photo identification.

Step 2: A judge will review your petition and may issue a TRO.

After you finish filing your paperwork, the clerk will forward it to a judge. The judge may wish to ask you questions as s/he reviews your petition. The judge will decide whether or not to issue the temporary restraining order (TRO) and will set a court date for a full hearing for a protective order. The court may issue you a TRO during an ex parte hearing without the abuser present if there is an “immediate and present danger of abuse.” The judge must consider any and all past history of abuse, or threats of abuse, in determining whether or not there is an immediate and present danger of abuse. (There is no requirement that the abuse itself be recent, immediate, or present.)1 You will be given a copy of your petition, along with papers that state the time and date of your hearing for a long-term protective order.

By the end of the next business day, the clerk will get the order entered into the Louisiana Protective Order Registry and send a copy of it to the chief law enforcement officer of the parish where you live.2

1 LA R.S. 46:2135(A)
2 LA R.S. 46:2135(H)

Step 3: Service of process

The clerk will give a copy of the petition and the TRO to the sheriff’s office to serve the abuser. Remember, your protective order is not valid until the abuser has been served with it. The abuser must be notified and have the opportunity to be present in court on the date and time of the hearing and informed of any temporary or emergency orders that a judge has granted you.

Usually the court will send copies of the order and notice of hearing to the police or sheriff, but in some areas you may have to bring the papers to the sheriff or police yourself. You may want to ask the court clerk or a domestic violence organization for more information about serving the abuser. By the end of the next business day, the clerk will also get the order entered into the Louisiana Protective Order Registry and send a copy of it to the chief law enforcement officer of the parish where you live.1

Do not try and serve the abuser in person with the papers yourself.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

1 LA R.S. 46:2136(H)

Step 4: The full court hearing

You must go to this hearing if you want to get a final protective order. If you do not go to the hearing, your temporary order will expire and you will have to start the process over. If the abuser does not show up for the hearing, the judge may still grant you a long-term protective order, or the judge may order a new hearing date.  If you cannot go to the hearing at the scheduled time, you may call the court to ask how to get a continuance, but the judge may deny your request.

You may wish to hire a lawyer to help with your case, especially if the abuser has a lawyer. If you show up to court and the abuser has a lawyer and you do not, you may ask the judge for a continuance to set a later court date so you can have time to find a lawyer for yourself.  You can also represent yourself. See the At the Hearing section for information on representing yourself. You can learn more about the court system in our Preparing for Court – By Yourself section. 

After the hearing

Can the abuser have a gun?

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:

  • First, read the question on this page to see if judges in Louisiana have to power to remove guns as part of a temporary or final order.
  • Second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
  • Third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website.

What should I do when I leave the courthouse?

Review the protective order before you leave the courthouse.  If something is wrong or missing, you might be able to ask the clerk how to get it corrected.  Here are some things that you may want to do when leaving the courthouse:

  • Keep a copy of the protective order with you at all times.
  • Leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • If the court has not given you an extra copy for your local law enforcement agency, you may want to take one of your extra copies and deliver it to them.
  • You may wish to consider changing your locks and your phone number if permitted by law.
  • Be aware of your safety while leaving the courthouse.  If you are concerned that the abuser may try to approach you, contact a court officer to see if you can be accompanied to your car.

Ongoing safety planning is important after receiving the protective order.  People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school.  Many abusers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe.  View our Safety Planning page for some suggestions.  Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support.  For a list of domestic violence organizations, see our LA Advocates and Shelters page.

I was not granted a protective order. What are my options?

If you applied for a protective order and the judge didn’t grant it, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence local programs in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Planning page. 

If you were not granted a protective order because your relationship with the abuser does not qualify as a “family or household member” or “dating partner,” you may be able to seek protection through a sexual assault protective order or a protective order for stalking.

You may also be able to reapply for a protective order if a new incident of domestic abuse occurs after you are denied the order.

If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. See our Filing an Appeal page for basic information on appeals.

What can I do if the abuser violates the order?

If the abuser violates the protective order, you can call 911 immediately. The law says that if a law enforcement officer has reason to believe that a family or household member or dating partner has been abused in violation of a temporary or final restraining order/protective order, the officer is supposed to immediately arrest the abuser.1 It is also considered a violation of protective order if the abuser has a firearm in his/her possession or if s/he is carrying a concealed weapon in violation of the law that prohibits firearm possession when certain long-term orders are in effect.2

Make sure a police report is filled out, even if no arrest is made. Even if the police do not arrest at the scene, law enforcement officers are supposed to at least issue a summons to the abuser if there is probable cause that the order was violated.3 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 the abuser is arrested, and found guilty of a violation, s/he can be forced to pay a fine and/or go to jail. The penalties can vary, depending on whether or not it is his/her first conviction for violation of a protective order or not. The penalty increases for a second, third, fourth, etc., conviction as well as the penalty can be more severe if the violation involves battery or any crime of violence.4 To read about the penalties, go to our Selected Louisiana Statutes page.

Through the Civil Court System (Civil): You may file for civil contempt for a violation of the order. The abuser can be held in “civil contempt” if s/he does anything that your protective order orders him/her not to do.5

1 LA R.S. 46:2140(A)
2 LA R.S. 14:79(A)(4)
3 LA R.S. 14:79(E)
4 LA R.S. 14:79(B)
5 See, for example, LA ST Ch.C. Art. 1571

How do I change or extend my protective order?

If you wish to change (modify) the terms of the order, a “Request to Modify” can be filed. A judge can remove any item included in the current protectvie order, or s/he can add any term that could have been included in the order permitted under the law.1 If your order is “indefinite” with no end date, the abuser could file to modify the indefinite term and the judge would set the matter down for a hearing. There must be a “good faith effort” made to give you notice of this hearing to the victim.2

If you want to extend your protective order, you must file for the extension before your original order expires. The judge has the power to decide how long the extension will be for.3

1 LA R.S. 46:2136(D)(1)
2 LA R.S. 46:2136(F)(2)(c)
3 LA R.S. 46:2136(F)(1)

What happens if I move? Is the order still enforceable?

Your civil protection order is enforceable in all U.S. states and territories. The law requires that all other states give “full faith and credit” to the order, meaning that it will be enforced just like it would be in Louisiana. However, each state has its own laws and procedures.

Any person with a valid protection order, which means an order that has not expired, who relocates to another state may want to inquire at a court or law enforcement agency for instructions on the registration and enforcement of orders in that state. For more information, see our Moving to Another State with a Domestic Violence Protective Order page.

If I get a protection order, will it show up in an internet search?

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • the protection order, restraining order, or injunction that was issued by the court; or
  • the registration of an order in a different state.1

1 18 USC § 2265(d)(3)

Sexual Assault Protective Orders

Basic info and definitions

What is a sexual assault protective order?

Similar to a protective order for domestic abuse, a sexual assault protective order is a court order that can protect you from an abuser if you are the victim of nonconsensual sexual contact.1 Unlike the protective order for domestic abuse, you do not need to have a specific relationship with the abuser to get a sexual assault protective order.2

1 LA R.S. § 46:2184
2 LA R.S. § 46:2183(A)

 

What is the legal definition of nonconsensual sexual contact?

To be eligible for a sexual assault protective order, you must be the victim of sexual assault, which is defined as any act of nonconsensual sexual contact. “Nonconsensual sexual contact” includes the crime of “obscenity” or any sex offense listed in LA R.S. 15:541(subsection 24).1 Some examples of the sex offenses listed in the law include: rape, sexual battery, and photographing or videotaping someone without his/her consent for the purpose of sexual arousal.2 An example of the crime of “obscenity” includes exposure of genitals or breasts in a public place with the intent of arousing sexual desire.3

Note: Although the law that defines “sexual offenses” lists very specific crimes, as explained above, the law also uses the phrase “including, but not limited to” when listing the crimes.1 Therefore, it is possible that other acts that are not one of the listed crimes may also be considered nonconsensual sexual contact.

1 LA R.S. § 46:2184
2 LA R.S. § 15:541(24)
3 LA R.S. § 14:106(1)

What types of sexual assault protective orders are there? How long do they last?

There are two types of sexual assault protective orders: temporary restraining orders and protective orders.

The judge may issue you a temporary restraining order without the abuser present (ex parte) if there is “good cause” to do so. Proving that you are the victim of sexual assault is considered to be “good cause” to grant this ex parte order.1

If the judge does grant you a temporary restraining order, the abuser will be notified that you have an order against him/her and the court will give you a date, usually within 21 days, for a hearing. If the judge does not grant you a temporary restraining order on the day that you file your petition, the judge should set the matter down for a hearing within ten days of the abuser being served with the petition. The hearing is referred to as “the hearing on the rule to show cause,” where you and the abuser each have a chance to be present and tell your sides of the story.2

After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge.3 The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.4

1 LA R.S. § 46:2183(B)
2 LA R.S. § 46:2135(B), (D)
3 LA R.S. § 46:2136(F)(1)
4 LA R.S. § 46:2136(F)(2)(A)

Where can I file for a sexual assault protective order?

You can file for a sexual assault protective order in any court that hears family or juvenile matters. However, it must be filed in the parish:

  • where you live;
  • where the abuser lives; or
  • where the sexual assault occurred.1

1 LA R.S. § 46:2185

What protections can I get in a sexual assault protective order?

The law says that a victim of sexual assault can get all of the same protections in his/her protective order as a victim of domestic violence can get.1 So, in a temporary restraining order, a judge may order the abuser to:

  • stop threatening, harassing, or hurting you;
  • not contact or interfere with you or your children – and give you temporary custody;
  • stay away from your home, work, school, etc.;
  • not give away, sell, or destroy any mutually-owned property;
  • move out of the residence if you live together; Note: If the abuser solely owns or leases the home, s/he will not be asked to move out unless s/he has a legal duty to support you or your children;
  • return your personal property to you;
  • stop abusing your pet; and
  • give you possession of your pet.2

In a long-term protective order, a judge may:

  • order all of the relief listed above; and
  • include the following additional terms:
    • establish temporary visitation;
    • order the abuser to pay temporary child support if you have children with the abuser;
    • order the abuser to pay temporary spousal support if you are married to the abuser;
    • give you possession of a shared home, even if the abuser owns it, if you are the abuser’s spouse or have custody of your and the abuser’s minor children;
    • order a medical or mental health evaluation, or both, of the abuser to be conducted by an independent court-appointed evaluator who qualifies as an expert in the field of domestic abuse and who has no family, financial, or prior medical or mental health relationship with the abuser or his/her attorney of record; and
    • order the abuser to attend counseling.2

In addition, the law says that the abuser must (“shall”) pay for all of your court costs, attorney fees, costs of enforcing or modifying the order, costs of appeals, evaluation fees, and expert witness fees based on filing or defending any proceeding concerning a domestic abuse protection order. The abuser must also pay for all costs of medical and psychological care for you or for your children when the care is needed due to the domestic violence.3

Note: Louisiana law prohibits abuser from possessing a firearm or carrying a concealed weapon while the long-term protective order is in effect if:

  • the order includes a finding that s/he represents a believable (credible) threat to the physical safety of a family member, household member, or dating partner; and
  • the order includes a notice about this law and about the federal firearm law.4

1 LA R.S. § 46:2183(A)
2 LA R.S. §§ 46:2135; 46:2136
3 LA R.S. § 46:2136.1
4 LA R.S. § 46:2136.3

If the abuser lives in a different state, can I still get an order against him/her?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
  3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Getting the order

Who can get a sexual assault protective order?

Any victim of nonconsensual sexual contact can file for a sexual assault protective order against the offender. The victim does not need to have any relationship with the abuser to file for a sexual assault protective order. The abuser can be a stranger, an acquaintance, etc.1

1 LA R.S. 46:2183(A)

What are the steps involved with getting a sexual assault protective order?

Can the court clerk help me with the paperwork?

The clerk of the court will give you the forms you need, inform you about the process of filing, and provide you with access to the notary to complete the affidavit that is needed for your petition.1 However, they cannot help you fill out the forms.

For help with filling out the forms, you can contact a sexual assault advocate.2 To find a sexual assault center and advocates in your area, you can visit the Louisiana Foundation Against Sexual Assault site.

1 LA R.S. § 46:2186(A)
2 LA R.S. § 46:2186(B), (C)

If I talk to a sexual assault advocate about what happened to me, will that information be shared in court?

Louisiana law says that an advocate from a sexual assault center that is “established and accredited in accordance with the standards set by the Louisiana Foundation Against Sexual Assault” cannot share the information you tell them; any communications that an advocate has with you while s/he is providing you with services are considered “privileged.” When a communication is privileged, that means that there is generally not a requirement to reveal it in court through testimony or to produce any records or documents related to that privileged communication in a civil or criminal proceeding.1  

If the offender’s lawyer tries to get information from the advocate by sending a subpoena, both you and the advocate have the right to tell the judge the information is “privileged” and should not be revealed. It is often best to have a lawyer when trying to fight against (“quash”) a subpoena.  For legal referrals, go to our LA Finding a Lawyer page.

1 LA R.S. § 46:2187(A)(1), (A)(2), (B)

If I have another case pending against the abuser, can I still get this protective order?

Receiving a sexual assault protective order does not prohibit you from also seeking other legal relief against the abuser.1 For example, the abuser can still be prosecuted for committing the sexual assault in criminal court even if you have a sexual assault protective order.

1 LA R.S. § 46:2188

Stalking Protective Orders

Who can get a stalking protective order?

Any victim of stalking or cyberstalking can apply for a protective order against the stalker. Therefore, if you are being stalked by an acquaintance, a co-worker, etc., you may be eligible for a protective order.1

Note: The person does not have to be arrested for stalking or cyberstalking. As long as you can prove that the person committed acts that would come under the criminal definitions of stalking or cyberstalking, you may qualify.

1 LA R.S. § 46:2173

What types of stalking protective orders are there? How long do they last?

There are two types of stalking protective orders: temporary restraining orders and protective orders.

The judge may issue you a temporary restraining order without the abuser present (ex parte) if there is “good cause” to do so.1

If the judge does grant you a temporary restraining order, the abuser will be notified that you have an order against him/her and the court will give you a date, usually within 21 days, for a hearing. If the judge does not grant you a temporary restraining order on the day that you file your petition, the judge should set the matter down for a hearing within ten days of the abuser being served with the petition. The hearing is referred to as “the hearing on the rule to show cause,” where you and the abuser each have a chance to be present and tell your sides of the story.2

After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge.3 The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.4

1 LA R.S. § 46:2183(B)
2 LA R.S. § 46:2135(B), (D)
3 LA R.S. § 46:2136(F)(1)
4 LA R.S. § 46:2136(F)(2)(A)

How do I apply for a stalking protective order?

A stalking protective order can be filed in the civil district court. To find a courthouse near you, please go to our LA Courthouse Locations page. For more information on protective orders for victims of stalking, you can read the information on our Protective Orders (for Domestic Abuse) page since both pages refer to the same protective orders.

What can I do if the abuser violates the order?

Through the Police or Sheriff (Criminal): If the abuser violates the protective order, you can call 911 immediately. 

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 may 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 the abuser is arrested, and found guilty of a violation, s/he can be forced to pay a fine and/or go to jail. The penalties can vary, depending on whether or not it is his/her first conviction for violation of a protective order or not. The penalty increases for a second, third, fourth, etc., conviction as well as the penalty can be more severe if the violation involves battery or any crime of violence.1 To read about the penalties, go to our Selected Louisiana Statutes page.

Even if the police do not arrest at the scene, law enforcement officers are supposed to at least issue a summons to the abuser if there is probable cause that the order was violated.2

Through the Civil Court System (Civil): You may file for civil contempt for a violation of the order. The abuser can be held in “civil contempt” if s/he does anything that your protective order orders him/her not to do.3

1 LA R.S. 14:79(B)
2 LA R.S. 14:79(E)
3 See, for example, LA ST Ch.C. Art. 1571

 

Moving to Another State with a Domestic Violence Protective Order

General rules

Can I get my domestic violence protective order from Louisiana enforced in another state?

If you have a valid Louisiana protective order that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. See How do I know if my domestic violence protective order is good under federal law? to find out if your protective order qualifies.

Each state must enforce out-of-state orders in the same way it enforces its own orders. Meaning, if the abuser violates your out-of-state order, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”

How do I know if my domestic violence protective order is good under federal law?

A protective order is good anywhere in the United States as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)

I have a temporary restraining order (TRO). Can it be enforced in another state?

A temporary restraining order can be enforced in other states as long as it meets the requirements listed in How do I know if my domestic violence protective order is good under federal law?1

Note: The state where you are going generally cannot extend your temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by electronic means if that is an option offered by the court. However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

1 See 18 U.S.C. § 2265(b)(2)

Getting your protective order enforced in another state

How do I get my protective order enforced in another state?

Federal law does not require you to take any special steps to get your protective order enforced in another state.

Many states do have laws or rules about registering or filing of out-of-state orders, which can make enforcement easier, but a valid order is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

Note: It is important to keep a copy of your DVPO with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.

1 18 U.S.C. § 2265(d)(2)

Do I need anything special to get my protective order enforced in another state?

It may be helpful to have a certified copy of your protective order. A certified copy says that it is a “true and correct” copy. The copy you originally received should have been a certified copy. If your copy is not a certified copy, go to the court that gave you the order and ask the clerk’s office for a certified copy. 

Can I get someone to help me? Do I need a lawyer?

You do not need a lawyer to get your protective order enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. They can let you know what the advantages and disadvantages are for registering your protective order, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to, click on Places that Help and select the appropriate state in the drop-down menu. 

Do I need to tell the court in Louisiana if I move?

It might be a good idea to give the court a current address so that you can be notified of any actions that are taken regarding your protective order. If you provide your new address to the court, you can ask that it be kept confidential.1 You can also give the court an address of a trusted friend or P.O. box if you feel unsafe giving out your street address.

1 LA R.S. § 46:2134(B)

Enforcing custody provisions in another state

I was granted temporary custody with my protective order. Can I take my kids out of the state?

Whether or not you can take your kids out of state may depend on the exact wording of the custody provision in your protective order. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for lawyers on our LA Finding a Lawyer page.

I was granted temporary custody with my protective order. Will another state enforce this custody order?

Custody, visitation, and child support provisions that are included in a protective order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1

1 18 USC § 2266

Enforcing Your Out-of-State Order in Louisiana

General rules for out-of-state orders in Louisiana

Can I get my protective order enforced in Louisiana? What are the requirements?

Your protection order can be enforced in Louisiana as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)

Can I have my out-of-state protective order changed, extended, or canceled in Louisiana?

Generally, only the state that issued your protective order can change, extend, or cancel the order.

To have your order changed, extended, or canceled, you will likely have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by electronic means rather than in person, so that you do not need to return to the state where the abuser is living. You will need to contact the clerk of court in your area to find out if this is possible. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.

If your order does expire while you are living in Louisiana, you may be able to get a new one issued in Louisiana but this may be difficult to do if no new incidents of abuse have occurred in Louisiana. To find out more information on how to get a protective order in Louisiana, visit our Protective Orders page.

I was granted temporary custody with my protective order. Will I still have temporary custody of my children in Louisiana?

As long as the child custody provision complies with certain federal laws,1 Louisiana can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here LA Finding a Lawyer.

1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

 

Registering your out-of-state protection order in Louisiana

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database that contains protective order information that is used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to Louisiana, the state that issued your protection order may already have entered your order into the NCIC. If not, your order may be entered into the NCIC once your order is registered in Louisiana.

All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.

How do I register my protective order in Louisiana?

In Louisiana, registering your protective order is called making the order “executory,” which can be done if you file a petition requesting it and attach a copy of your order.  There will be a hearing at which the judge can order the creation of a Uniform Abuse Prevention Order, which the court clerk will file and send to the Louisiana Protective Order Registry.1

If you need help registering your protection order, you can contact a local domestic violence organization in Louisiana for assistance. You can find contact information for organizations in your area on our LA Advocates and Shelters page.

1 LA R.S. 13:4248

Do I have to register my protective order in Louisiana in order to get it enforced?

Under federal law, you do not have to register your protection order to have it enforced.1  Although Louisiana allows you to register your order (make it “executory”) in a Louisiana court, you are not required to do this in order to have it enforced.  For more information, see How do I register my protection order in Louisiana?

1 18 U.S.C. § 2265(d)(2)

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our LA Advocates and Shelters page.

1 18 USC § 2265(d)

What if I don't register my protective order? Will it be more difficult to have it enforced?

Since neither federal nor state law requires that you register your protective order, it should not be more difficult to have your protective order enforced even if you decide not to register it in Louisiana. However, if your order is not registered, it will not be entered into the Louisiana Protective Order Registry, which means it might take more time for a Louisiana police officer to verify that it is a valid order.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area.  An advocate there can help you decide what the safest plan of action is for you in Louisiana. To see a list of local domestic violence organizations, go to our LA Advocates and Shelters page.

Does it cost anything to register my protective order?

There is no fee for registering your protective order in Louisiana.1

1 LA R.S. § 13:4245