A Protective Order

An adult may file a petition alleging abuse by the defendant, and a parent, adult household member or district attorney may file for a child. The petitioner pays no court costs to file or to have an order issued, and leaving the home to escape abuse does not affect the right to relief.

• §La. R.S. 46:2133StatuteJurisdiction; venue; standingOpens legis.la.gov ↗
• §La. R.S. 46:2134StatutePetitionOpens legis.la.gov ↗

• On good cause, shown by an immediate and present danger of abuse, the court may enter a temporary restraining order without the other side present.
• It can order the defendant to stay away from the petitioner's home and work, and give the petitioner the home, a car, temporary custody, personal papers and the pets.
• With a temporary order, a hearing is set within 21 days; without one, within 10 days of service.
• At the hearing the petitioner proves the abuse by a preponderance of the evidence.

• §La. R.S. 46:2135StatuteTemporary restraining orderOpens legis.la.gov ↗

A final protective order lasts a fixed period of up to 18 months and may be extended, and the part forbidding abuse and harassment may be made indefinite. Orders from other states are enforced as if issued here.

• §La. R.S. 46:2136StatuteProtective orders; content; modification; serviceOpens legis.la.gov ↗