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Legal Information: Louisiana

Restraining Orders

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Laws current as of November 21, 2023

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)