Getting A Restraining Or Protection Order

In Louisiana, restraining orders can be categorized into two main types: civil and criminal. Both types aim to provide safety and protection but differ in their legal context and enforcement mechanisms. Civil restraining orders are usually sought by individuals, while criminal restraining orders are part of criminal legal proceedings. 

1. Civil Restraining Orders: These are typically filed by individuals seeking protection from harm or harassment. They can include orders for protection in cases of domestic abuse, stalking, or sexual assault. Civil restraining orders usually involve a petitioner who requests the order against another individual, the respondent. The court issues these orders to prevent harm or harassment and can include provisions like no-contact or stay-away orders. 
2. Criminal Restraining Orders: These are typically associated with ongoing criminal proceedings. If a person is charged with a crime, such as domestic abuse or stalking, the court may issue a restraining order as part of the criminal case against the defendant. These orders are designed to protect the victim or witnesses from harm or intimidation by the defendant. The enforcement of criminal restraining orders is often stricter, with violations resulting in criminal penalties. 

The difference between a temporary and a final restraining order in Louisiana is as follows: 

• Temporary Restraining Order (TRO): This is a short-term order issued quickly, often without the presence of the respondent (the person whom the order is against). It's meant to provide immediate protection and typically lasts until the court hearing for the final order. 
• Final Restraining Order: Issued after a court hearing where both parties can present their cases. It's more long-term compared to a TRO and includes specific terms set by the court based on the case's details. 

The duration and conditions of these orders are determined based on the circumstances of each case. 

Yes, there are special provisions for restraining orders involving military personnel. These provisions acknowledge the unique circumstances of military service and ensure that protective orders are enforceable and effective even when the service member is deployed or stationed outside the state. The specifics of these provisions can vary, and it's important to understand how to apply them in the context of military law and the jurisdiction where the order is sought. For detailed information, it's advisable to consult legal resources or professionals familiar with military law and protective orders. For more information, see Finding and Hiring a Lawyer.

In Louisiana, there are specific provisions in place regarding restraining orders during a state of emergency. If a hearing for a protective order is postponed due to a declared state of emergency, any temporary restraining order (TRO) issued in connection with the case remains in effect for five days after the state of emergency concludes. This extension ensures continuous protection for the individual who sought the restraining order, despite delays in the legal process caused by the emergency. 

The confidentiality of the petitioner's address in a restraining order case in Louisiana is maintained through careful handling of the protective order process. If you do not want the defendant to learn about your address, you will need to complete an LPOR F form. Completing this form will keep your address confidential. The LPOR F form should be filed with the LPOR B, C, and D forms.

In Louisiana, there are no costs or filing fees associated with filing a petition for a restraining order. This means that individuals seeking protection through a restraining order can do so without the burden of additional financial costs. This provision is part of the state's commitment to ensuring access to protection for those who need it, especially in situations involving domestic abuse, stalking, or other forms of harassment.

Remember, while there are no filing fees, there may be other related costs depending on the specifics of your situation, such as legal representation fees if you choose to hire an attorney.

To modify or extend a restraining order in Louisiana, the following steps are typically followed:

1. Filing a Motion: The person who requested the restraining order (petitioner) must file a motion in the court that issued the original order. The LPOR Form P can be used to modify a protection order. This motion should state the reasons for the requested modification or extension.
2. Serving the Motion: The motion must be served to the restrained person (respondent) so they are aware of the request and have an opportunity to respond.
3. Court Hearing: A court hearing will be scheduled for both parties to present their cases. The petitioner must provide reasons and, where applicable, evidence to justify the modification or extension of the order.
4. Judge's Decision: After considering the evidence and arguments from both sides, the judge will decide whether to modify or extend the restraining order. This decision will be based on the evidence of continued risk or harm.
5. Duration of Extension: A restraining order in Louisiana can last up to 18 months if extended. However, certain parts of the order, such as directives against abuse, harassment, or interference, can be extended indefinitely.

It's important to note that the specific procedures and requirements may vary depending on the court and the unique circumstances of each case.

While not mandatory, legal representation can be beneficial in navigating the process, especially in complex cases. For more information, see Finding and Hiring a Lawyer. 

If a restraining order is violated in Louisiana, it's important to take immediate and appropriate action. Violations of the order are taken seriously by law enforcement and the courts. Here's what you should do:

1. Call Law Enforcement: The first step is to contact the police or sheriff's department. Inform them that there is a restraining order in place and that it has been violated.
2. Provide Documentation: Show the officers a copy of the restraining order. If you have any evidence of the violation (such as text messages, emails, witnesses, or physical evidence), provide this to the police.
3. File a Police Report: Ensure that a police report is filed. This is crucial as it serves as an official record of the violation.
4. Safety Measures: If you feel that your safety is in immediate danger, consider seeking a safe place, like a friend’s house, a family member's home, or a shelter.
5. Legal Action: The violation of a restraining order is a criminal offense. The police can arrest the violator based on your report and the evidence. The violator may face criminal charges.
6. Document the Incident: Keep a detailed record of the violation, including dates, times, and descriptions of what happened. This can be important if you need to go back to court.
7. Consider Modifications to the Order: If the restraining order needs to be modified or extended due to the violation, you can file a motion in court to request these changes.

Consider consulting with an attorney to understand your legal options and any additional steps you may need to take. For more information, see Finding and Hiring a Lawyer.

States are required to enforce valid, out-of-state restraining orders by federal law. A person moving to Louisiana will need to complete an LPOR E form. This form makes it so the out-of-state restraining order is effective in Louisiana. Once you have filed the form with the courts, you will need to attend a hearing. At the hearing, you will explain why you want your restraining to be effective in Louisiana and the judge will decide if it is necessary.

Yes, you can apply for a restraining order to protect a minor child in Louisiana. If a parent or guardian believes a child is at risk of harm, they can request a protective order on behalf of the child. This process involves filing a petition with the court and explaining the reasons for seeking protection. The court will then review the case and decide whether to issue the restraining order based on the child's safety and well-being. It is important to provide detailed information about the threat or harm the child is facing to support the petition. If granted, the protective order can include various protections, such as prohibiting the abuser from contacting the child, temporary custody arrangements, and other necessary measures.

In the event, that the court denies your request for a restraining order, you can file for an appeal where your case will be heard by the higher court. Although this step can be complicated, having an attorney can make the process easier. For more information, see Finding and Hiring a Lawyer.

If you decide to file an appeal, it must be filed within 15 days of the judge’s court decision. However, you will not be able to introduce new evidence. The higher court will only look over the current information stated in the original hearing.

If you decide not to file for an appeal, there are still other options for keeping you safe. Many different resources and organizations can help provide you with alternative options, support, and advice. To increase your safety, you should create a safety plan and confide in trusted friends and family members about your situation. Should another incident happen again, you will be able to file a new petition with the courts. If another incident happens, call 911. Make sure to document any abuse or threats.