WE ADVOCATE FOR PROTECTIVE ORDERS WHEN OUR CLIENTS ARE ABUSED, AND AGAINST THEM FOR CLIENTS WHO ARE FALSELY ACCUSED.

Protective Orders in Louisiana

Domestic violence often leads to criminal charges as well as proceedings for protective orders, commonly referred to as restraining orders.  Protective orders are designed to protect the accuser and their loved ones from physical or sexual abuse, harassment, or even contact.  There are several types of protective orders within the realm of family law.  Each is designed to address specific situations and different levels of abuse.  Our family law attorneys are well versed in obtaining protective orders for abused clients, as well as defending against them when accusations are falsely made or highly embellished.

Types of Family Law Protective Orders

La. R.S. 9:371 provides for an injunction against alienating or encumbering community property.  This type of injunction deals with property only and does not require proof.  It’s designed to restrain the disposition of only specified things of the community property to prevent hardship on the filing spouse.

La. R.S. 9:372 permits either spouse after filing a divorce petition to obtain an injunction prohibiting the other spouse from the physical or sexual abuse of the petitioning spouse or the child of either party.

La. R.S. 9:372.1 provides for an injunction to prohibit one spouse from harassing another.  This is designed to prevent or put an end to stalking.

La. R.S. 9:373 states that a spouse can get an ex parte order requiring a sheriff to accompany the petitioning spouse to the marital domicile or other location for the removal of personal property specified in the order.  Items may include clothing of the petitioning spouse or his or her children, food, and other necessary personal items.

Procedure

Generally, when an accuser files for a protective order alleging abuse under R.S. 9:372, the court will issue a temporary restraining order (TRO) on an emergency basis.  The judge will immediately sign a Uniform Abuse Prevention Order form and forward it to the clerk of court, and the clerk will send it to the Louisiana Protective Order Registry.  The accused will not have the opportunity to object prior to the issuance of the TRO.

Once the TRO is issued, the accused will be notified and the court will set a hearing date to determine whether to extend the order.  Both parties will have an opportunity to present testimony and evidence.  If the judge finds cause, a long-term order may be issued.  A long-term order can be granted for up to 6 months following the final divorce decree.  Following this time period, a former spouse can pursue injunctive relief under Title 46.

The family law attorneys at Bowes, Petkovich & Palmer, LLC are experienced at for and against protective orders in the New Orleans and surrounding areas.  Call us today for a free consultation.