A victim of stalking or cyberstalking can get a protective order against an acquaintance, stranger, or anyone who is committing stalking/cyberstalking.
Who can get a protective order due to stalking?
Louisiana state law allows a victim of stalking or cyberstalking to apply for a protective order even if the person is not a family or household member or dating partner. Therefore, if you are being stalked by an acquaintance, a co-worker, or even someone with whom who you have no relationship, you may still be eligible for a protective order.1
Note: The person does not have to be arrested for stalking or cyperstalking. 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. (To read the exact definitions of each crime, click on the hyperlinked term in the prior sentence.)
1 LA R.S. 46:2173
How do I apply for a protective order due to stalking?
A protective order for stalking victims 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. 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. (If no arrest is made, you may still be able to file a criminal complaint against the abuser.) 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 (or third, fourth, etc.) conviction as well as the penalty can be more severe if the violation involves battery or any crime of violence.3 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.4
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. 14:79B)
4 LA R.S. 14:79(E)
5 See, for example, LA ST Ch.C. Art. 1571