Restraining Orders

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 full court hearing. This 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

If the judge does not grant you a temporary restraining order on the day you file your petition, the judge should set the matter down for a hearing within 10 days of the abuser being served with your petition. This 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 a full court hearing, a judge can issue a protective order. A protective order can generally last up to 18 months, and can later be renewed after a hearing in front of a judge.⁴ The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.⁵

¹ LA R.S. § 46:2173
² LA R.S. § 46:2135(B)
³ LA R.S. § 46:2135(D)
⁴ LA R.S. § 46:2136(F)(1)
⁵ LA R.S. § 46:2136(F)(2)(A)