Protective orders and dating violence
For a list of domestic violence organizations, see our LA State and Local Programs page.
If you are not granted a protective order, there are still some things you can do to stay safe.
If something is wrong or missing, you might be able to ask the clerk how to get it corrected.
Here are some things that you may want to do when leaving the courthouse: Ongoing safety planning is important after receiving the protective order.
This order provides you and your family members with immediate protection from an abuser. 35(A)(1) In a temporary restraining order, a judge may order the abuser to: * LA R. 35; 36 You can file for a protective order in the parish where the marital home is located (or the home you shared with the abuser if you are unmarried), where you live, where the abuser lives, where the abuse occurred, or where divorce or annulment proceedings could be filed.* * LA R. 33(B) In Louisiana, you can seek legal protection from acts of domestic abuse done to you or your minor child by: * LA R. You will find links to forms online on the LA Download Court Forms page.
If you are issued this order, it will only be good until the close of the next business day that the court is open. On the forms, you are the “petitioner” and your abuser is the “defendant.” Read the petition carefully and ask questions of the court clerk if you don’t understand something. A domestic violence organization may be able to provide you with help or support as you fill out the forms.
If you cannot go to the hearing at the scheduled time, you may call the judge’s office to ask that your case be “continued,” but the judge may deny your request.
A protective order is a civil court order intended to provide protection from physical or sexual harm caused by force or threat of harm from a family or household member. A dating partner is defined as any person you have had an intimate or romantic relationship with. However, as a minor (a person under the age of 18), you will need a parent, an adult household member or a district attorney to file for the protective order on your behalf.* * LA R. The converted policy is supposed to provide the same benefits, including deductibles, coinsurance, and copayments, as the policy from which coverage is being converted.* In order to convert the coverage to your own individual policy, you should: * LA R. Although you do not need a lawyer to file for a protective order, it may be to your advantage to seek legal counsel, especially if the abuser has a lawyer. 34(F) To start your case, you will need to fill out the necessary forms.The peace order enables an individual who wishes to be left alone to ask the Court for an order for the other person to stay away and refrain from any contact.A Peace Order allows any person who has been subjected to abuse, harassment, stalking, trespass, or malicious destruction of property to seek relief from the court.The court will give you a date (usually within 21 days) for a full court hearing where you and the abuser each have a chance to be present and tell your sides of the story.* Long-term Protective Orders: A long-term protective order can be issued only after a court hearing where you and the abuser both have the opportunity to tell your sides of the story to a judge. If you do not go to the hearing, your TRO may expire and you will have to start the process over. The judge may wish to ask you questions as s/he reviews your petition.
A long-term order will last for up to 18 months, unless otherwise stated.** However, the following part of the order can last for an indefinite (unlimited) period of time – it is the part which says the abuser should not “abuse, harass, or interfere with the petitioner or his/her employment; should not go near the residence or place of employment of the petitioner, the minor children, or any person on whose behalf a the petition was filed.”*** Orders may also be extended. The judge will decide whether or not to issue the temporary restraining order and will set a court date for a full hearing for a protective order.
If you do not show up at the hearing it may possibly be harder for you to be granted an order in the future.