Louisiana Petition for Protection from Abuse is a legal document used to request a court order that provides protection from abuse, harassment, or threats. This court order is known as a “protective order.” The petitioner, who is the person seeking the protective order, must provide evidence of abuse or harassment to the court in order to be granted the protective order. Louisiana Petition for Protection from Abuse is typically used to protect a person from an intimate partner, such as a spouse, former spouse, or significant other. There are two types of Louisiana Petition for Protection from Abuse: Temporary Ex Parte Order and Permanent Protective Order. A Temporary Ex Parte Order is an emergency order that provides immediate protection from abuse or harassment. It is typically issued when the petitioner is in immediate danger. This type of order can be granted without a hearing or the respondent’s knowledge, and is usually only valid for 15 days. A Permanent Protective Order is a court order that lasts up to two years and requires a hearing to be granted. This type of protective order can include provisions for no contact between the petitioner and the respondent, as well as other orders to ensure the petitioner’s safety.
Louisiana Petition For Protection From Abuse
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FAQ
You may face consequences for violating the terms of a Louisiana protective order whether or not physical harm toward the victim occurred. A first conviction of violating a protective order with no battery to the protected person can result in a fine of up to $500, incarceration for up to 6 months, or both.
Although anyone can ask the court to issue an order restraining someone else in order to prevent behavior that is potentially harmful, only those orders issued to prevent domestic abuse, dating violence, stalking or sexual assault are included in the Louisiana Protective Order Registry.
The cost to file a request for restraining order is $148.50. If you are unable to pay the cost, you may fill out a Motion to Proceed In Forma Pauperis. You can obtain this form from the Civil Division Office in Room 251 or by calling 389-3017.
Criminal Orders of Protection The abuser (defendant) will be charged with a crime and ordered to stay away from the abuse victim. A criminal order of protection may include conditions of the abuser's release as well as bail restrictions and probation conditions.
(1)(a) Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order issued pursuant to R.S. 1 et seq., R.S.
If you do not go to the hearing, your TRO may expire and you will have to start the process over. A long-term order will last for up to 18 months, unless otherwise stated.
To get a restraining order, you can contact an attorney, law enforcement, call an abuse hotline, go to the courthouse, or call 911 if you are in immediate danger. If you go to the sheriff's office or the courthouse, they will provide you with forms to fill out to request the restraining order.
