Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Bernette J. Johnson. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Sandra A. Vujnovich. Judicial Administrator
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 Louisiana Protective Order Registry (LPOR)

 After Filing

These are the steps a petitioner takes after filing:

 

STEP ONE: PREPARE FOR HEARING

It is not required that the petitioner have an attorney at the hearing, the petitioner may represent him/herself. However, some victim services programs and legal aid organizations provide no-cost or low-cost legal representation to victims of domestic violence.  The petitioner who wants to have an attorney present at court should contact the attorney's office or the victim service agency immediately upon receiving the TRO and court date, to arrange representation.

The petitioner should notify any potential witnesses about the court date.

STEP TWO: THE HEARING

At the hearing the petitioner may be asked to explain to the court the history of abuse and/or the need for court protection. The defendant, if present, will be given an opportunity to respond. The judge will determine whether to grant the protection requested.

If the petition is filed under the Domestic Abuse Assistance Act (LPOR B, BR), the order granted at the hearing is called a protective order, and can be good for up to 18 months from the date of the hearing.

If the petition is filed under the Civil Code of Proc. Art. 3601, et seq. (LPOR O), the order granted at the hearing is called a Preliminary Injunction and will be in effect until a hearing for a Permanent Injunction is held.

If a hearing officer presides over the hearing instead of a judge. 

In some courts a hearing officer hears protective order cases instead of the judge. After the hearing, the hearing officer writes his/her recommendations to the judge about whether or not the orders should be granted. The petitioner and defendant are given copies of the recommendation. If the petitioner or defendant does not agree with the hearing officer's recommendations, s/he can ask for a hearing before the judge within 3 days of the hearing officer's hearing. The TRO remains in effect until the judge makes a decision, or for 15 days, whichever is the longest. The petitioner should find out when and how to obtain a copy of the judge's order once s/he has ruled on the hearing officer's recommendations.

The petitioner should receive a certified copy of the order, and keep it handy at all times. It is a good idea to make copies of the order for work, school, car, daycare, or storage in a safe place.

If the petitioner does not come to court on the date of the hearing, the TRO will expire and the petitioner is no longer protected by the court. The petitioner may be charged with the court costs.  

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STEP THREE: VIOLATION OF THE ORDER

It is a crime to violate a court order of protection. The petitioner can call the police if the defendant violates the terms of the order. The petitioner may also bring the violation to the court's attention by asking for a hearing on a contempt of court charge. A motion for a Rule To Show Cause Why Defendant Should Not Be Held in Contempt can be filed with the clerk of court and a hearing will be set. The defendant will be served and notified of the hearing. The petitioner must be present at the hearing to tell the court about the violation.

STEP FOUR: EXTENDING, MODIFYING OR DISSOLVING THE ORDER

To extend the court order beyond the period of time the judge has granted, the petitioner can file a motion to modify the order - BEFORE it expires. 

If the petitioner or defendant wishes to change the terms of the order, a motion to modify the order can be filed. 

If the petitioner or defendant wishes to dissolve the order, a motion to dissolve can be filed.

The court will set a date for a hearing and the defendant will be served with a copy of the motion and a request to be present. The petitioner must be present at the hearing to tell the judge why the extension, modification or dissolution is requested.

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The Louisiana Protective Order Registry is a project  of the Office of the Judicial Administrator, Supreme Court of Louisiana

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