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Louisiana Protective
Order Registry (LPOR) |
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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