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)

 Filing Steps

 

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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STEP TWO: DETERMINE ELIGIBILITY AND VENUE

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.  

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.

PETITIONS
If you want to file a petition under the Domestic Abuse Assistance Act (La. R.S. 46:2131, et seq.), you will use Petition LPOR B.

If you want to file a petition under the Children's Code (La. Ch. C. Art. 1564, et seq.), you will use Petition LPOR C.

BUT! If you are filing a petition against your spouse under this statute, and your spouse has already filed for a legal action which has not yet been finalized (such as a divorce or a protective order against you, or other legal actions), you will use Petition LPOR BR, or Petition LPOR CR instead of LPOR B or LPOR C. This circumstance is called filing in reconvention.

NOTE: If you filed the legal action, such as a divorce, you can use Petition LPOR B or LPOR C - only use Petition LPOR BR or LPOR CR if the person you are filing against was the one who filed the legal action.


TIP: To help you fill out Petition LPOR B, Petition LPOR BR, Petition C. or Petition CR print out LPOR A- Instructions.

If you want to file a petition for a "Generic" Restraining Order (La. Code of Civil Proc. Article 3601, et seq.) you will use Petition LPOR O.


TIP: To help you fill out LPOR O, print out LPOR Z - Instructions.

OTHER FORMS
In addition to filling out a petition, there are several supplemental forms you can fill out as well.

LPOR H - Information for Service of Process Form

The abuser must be served by the sheriff’s office with a certified copy of the order and notice to come to court on the assigned day of the hearing. To assist the sheriff’s office in locating the defendant, fill out this form as completely as possible. This form can be used with any of the petitions.

LPOR F - Confidential Address Form

Available under the Domestic Abuse Assistance Act only. Your address will be kept private by the court and the abuser will not receive notice of where you are currently living if you submit this form with your petition. Use this form only with LPOR B, or LPOR C.

LPOR FR - Confidential Address Form (In Reconvention)

Available under the Domestic Abuse Assistance Act only. Use this form when the abuser is your spouse and has filed a legal action that has not yet been finalized. Your address will be kept private by the court and the abuser will not receive notice of where you are currently living if you submit this form with your petition. Use this form only with LPOR BR, or LPOR CR.

 

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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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