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Legal Information: Louisiana

Restraining Orders

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February 15, 2019

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

There are two types of sexual assault protective orders, ex parte temporary restraining orders and final sexual assault protective orders.

The judge may issue you an ex parte temporary restraining order without the abuser present 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 ex parte temporary order is issued, 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 full court hearing (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 If the judge does not grant you an ex parte temporary order, the judge can still set the matter down for a hearing (within 10 days from when the petition is served upon the abuser) where you can prove that the final order should be granted.3

1 LA R.S. § 46:2183(B)
2 LA R.S. § 46:2135(B)
3 LA R.S. § 46:2135(D)