PROTECTIVE ORDERS 

          A Protective Order (PO) and a Temporary Restraining Order (TRO) in Louisiana are court orders that requires someone to stay away from another person to prevent abuse and ensure safety.  They are not designed to be a substitute remedy for child custody disputes or to permanently modify existing children custody judgments. A Temporary Restraining Order is granted ex parte (without notice to the person against whom you seek the protective order) based on the merits of your petition that is effective only up to the hearing date.  A protective order, also known as a “permanent” or “preliminary” protective order, is only granted after a hearing and the court finds that the petitioner has met his or her burden of proof for such an order.  A protective order generally lasts only for a period of time not to exceed 18 months.  By law, Protective Orders and Temporary Restraining Orders are only available to people who fall within the class of “protected persons” for each type of order.

The Protective Order Process:

  • Complete the appropriate Petition for Protection from Abuse form. (Form LPOR-B for domestic or dating violence, form LPOR-D for stalking or sexual assault by a stranger or acquaintance, or form LPOR-C for a child pursuant to the Louisiana Children’s Code.)

  • The petition and the request for a TRO are then presented to a judge for approval.

  • After close review of the petition, the judge grants the TRO and a hearing date is set. NOTE: the TRO is only good for the time period specified on the order.  In some cases, the judge may not immediately grant the temporary restraining order based on the petition and set the matter for hearing without it.  In this case, a protective order may still be granted after the hearing based on the evidence presented at the hearing.

  • If you are granted a TRO, keep the TRO on your person at all times.

  • You must attend the hearing in order to be awarded a protective order.

  • You must come prepared to prove your case at the hearing.  The court will not assist you with your case.  Please bring a copy of your petition and TRO (if granted) to the hearing.

  • Both parties have the right to hire an attorney. There will be no court-appointed attorney for either party.

  • Bring a hard copy of any evidence needed to prove the allegations stated in your petition. This includes, but is not limited, to text messages, video, voicemails, pictures, or other electronically saved evidence.  No cell phones will be allowed in the courtroom, so any evidence on your cell phone must be reproduced in a manner for the court to accept and view or hear.

  • Any and all witnesses must be present at the hearing.  If you have a witness who you want to testify, but you doubt will appear if asked, you may request a subpoena from the Clerk of Court’s Office.

  • Should the court find that you have proven your case, then it will grant a protective order for no more than 18 months.  However, in extreme cases, a PO can be ordered not to expire except after a court hearing.

  • Please arrive to court for your hearing at the time ordered.  Don’t be late! Your case could be dismissed for failure to appear and proceed!

  • If you are the defendant (the party against whom the petitioner wants a protective order), if you do not appear at the date and time ordered, a protective order may be granted in your absence if the petitioner meets the burden of proof to obtain a permanent protective order.

  • If your case is heard by the District Hearing Officer and you or the other party object to the ruling made (in whole or in part), the objection must be made contemporaneously at the close of the hearing. If no objection is made, the District Hearing Officer’s ruling becomes a final court order.

Again, you have a right to hire an attorney to assist you at ALL phases of this process. Please note that this is a civil process and is separate from prosecution and the entire criminal procedure.

The available orders are:

1.    Domestic Abuse Assistance Act which protects those who are victims of physical or sexual abuse and any offense against the person, physical or non-physical, as defined in the Criminal Code of Louisiana, except for defamation and negligent injury. Protected persons are family members and household members. Family members are spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, foster children as well as parents and grandparents being abused by adult children, adult foster children and/or adult grandchildren. A household member is any person formerly or presently living in the residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender.

2.    Protection from Dating Violence Act which protects those who are victims of physical or sexual abuse and any offense against the person, physical or non-physical, as defined in the Criminal Code of Louisiana, except for defamation and negligent injury. Protected persons are “dating partners.” The law defines dating partners as any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person lives or formerly lived with the offender.  Dating partner shall not include a causal relationship or ordinary association between persons in a business or social context.

3.    Protection from Stalking Act which protects those who are the victims of stalking by a perpetrator who is a stranger or acquaintance of the victim.

4.    Protection for Victims of Sexual Assault protects those who are victims of any nonconsensual sexual contact (including but not limited to any act defined in La.R.S. 15:541 (24) or obscenity (R.S. 14:106).

 

This court cannot assist you in your case or give to you any legal advice, so do not call the judges’ offices.  For more information or for assistance, contact the Victims’ Rights Coordinator in the Natchitoches Parish District Attorney’s Office at 318.357.2214, or call Project Celebration in Many, Louisiana, at 318.256.6242 or its Natchitoches Office at 318.663.5961.

 

For fillable and printable LPOR formulary, please visit:

https://www.lasc.org/LPOR-Forms