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Louisiana Protective
Order Registry (LPOR) |
These
are the steps a petitioner takes to get a restraining order:
STEP
ONE: INTRODUCTION TO FILING
STEP
TWO: DETERMINE ELIGIBILITY AND VENUE
STEP
THREE: FILL OUT FORMS
STEP
FOUR: FILE PETITION
STEP
ONE: INTRODUCTION TO FILING
Useful definitions
A person seeking
protection may ask the court for protection by filing a petition
for a restraining order.
The person in need
of protection is the petitioner , the person
against whom the petition is filed (the abusive person) is
the defendant .
Costs
There are no filing
fees and court costs for this process.
Representation
It is not necessary
to have an attorney to file the petition or to represent the
petitioner at court. Petitioners may get forms and assistance
from this website, from the parish Clerk of Court's office,
or from victim advocates at the local
battered women's program or district attorney's
victim assistance program.
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Eligibility
Eligibility for
the two most commonly used statutes differs. Read each carefully
to decide which one to use.
Domestic Abuse
Assistance Act
La. R.S. 46:2131, et seq.
Can be filed by
or on behalf of a person who has experienced domestic
abuse.
The relationship
between the abuser and the person asking for protection must
be one of the following:
- family member (spouses, former spouses, parent/child,
stepparent/stepchild, grandparent/grandchild)
- household member (persons of opposite sex presently or
formerly living together as spouses)
- parent, adult household member, or district attorney on
behalf of minor child(ren) or an adult who is incompetent
to act in his/her own behalf
- former or current dating partners
This statute may
provide more opportunities for protection than the "generic"
restraining order (for example, in addition to prohibiting
any contact by the abuser, this order may also include ordering
temporary child custody, financial support, and use of property
to the victim in order to ensure safety).
Injunction Against
Abuse ("Generic" Restraining Order)
La. Code of Civil Procedure Article 3601, et seq.
Can be filed by
anyone seeking protection
Relationship between
parties is not defined in this statute, therefore people who
are not eligible for protection under the Domestic Abuse Assistance
Act may use this avenue to get court ordered protection instead.
The person filing
for protection must post a bond.
Venue
There are several
possibilities of venue
under each of the statutes mentioned above.
Under the Domestic
Abuse Assistance Act, you can apply to the court in the parish
where the abuse happened, in the parish where the petitioner
and defendant lived together, in the parish where the defendant
is living now, or in the parish where the petitioner is living
now. If those parishes are not the same, you must select one
in which to file the petition. Once the order has been granted,
it will be good throughout the state.
To file a "generic"
restraining order you may apply in the city or parish where
the defendant lives, or in the city or parish where the abuse
you are trying to prevent MAY occur. Once the order has been
granted, it will be good throughout the state.
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STEP
THREE: FILL OUT FORMS
Fill out the necessary
forms.
TIP:
You can fill out a worksheet
online from this website. Fill it out as best you can,
print it and take it with you to your local victim services
program, an attorney, or the clerk of court's office.
It will aid in completing the petition forms. Or, you
can print out blank petition forms and fill them out manually
--see the Form Options
page for help.
There is a section
of the petition where you will swear to the truthfulness of
the information you have provided.
This section requires
your signature to be notarized, so you must sign it in front
of a notary public.
The Clerk of Court's office can usually provide the
services of a Notary.
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STEP
FOUR: FILE PETITION
The petition and
accompanying forms are filed in the Clerk of Court's office.
The Clerk will present the forms to the judge for review.
If the judge agrees that immediate court protection is necessary,
s/he will grant a Temporary Restraining Order (TRO) with a
date to come back to court for a hearing. The TRO will contain
some or all of the requests made in the petition, and will
be in effect until the date of the court hearing, up to 20
days if filed under the Domestic Abuse Assistance Act (LPOR
B, BR, C, or CR) or 10 days if filed under La. Code of Civil
Proc. 3601, et seq. (LPOR O).
The clerk should
provide the petitioner with a copy of the petition, a certified
copy of the TRO, and the date and time of the court hearing.
The clerk will also give a copy of the petition and TRO to
the sheriff's office to serve to the defendant. The defendant
will be notified to be present at court on the date of the
hearing.
NOTE: The petitioner
should keep a copy of the TRO at all times. The petitioner
may also want to make copies of the TRO to be kept in the
car, at work, with a friend or other safe place, at children's
daycare or school, or other places it may be needed.
The petitioner should
call law enforcement if the defendant violates the terms of
the order.
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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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