Domestic Violence Protective Orders in Louisiana
In just one year, more than 12 million people suffered from intimate partner violence in the U.S. There are many instances where protective orders are necessary to support victims. Those facing domestic violence situations can feel fear when seeking assistance.
If you or someone you know is dealing with domestic violence, there are many resources available. For those needing a protective order against the abuser, we recommend you speak to an experienced attorney. They can help you understand your legal options and the process. Call Graham Law & Associates to schedule a consultation.
What is domestic violence?
Domestic violence is a pattern of abuse from someone close to the victim. It can come from several types of relationships, including family members, intimate partners, and roommates. Abusive behaviors may show up in a lot of ways, including:
- Physical, verbal, financial, sexual, or emotional abuse
- Love bombing
- Gaslighting
- Stalking or harassment
- Controlling behaviors
- Public embarrassment
- Irrational blaming
- Isolation from those who care about you
- Narcissistic behaviors
Abusers may follow a pattern of abuse and love bombing. Getting away from an abuser can be incredibly dangerous in some instances. This is when a protective order may be beneficial.
What is a protective order?
A protective order, also called a restraining order by some, is a court order that provides protection and safety for a victim. Louisiana recognizes civil protective orders, and criminal courts may also issue criminal orders of protection (no-contact/abuse prevention orders) in related criminal cases. There are two types of orders:
Temporary
A temporary restraining order offers immediate protection for a victim. It lasts until a formal hearing is completed. The abuser does not have to be present for these types of orders to be issued.
Final
A final protective order is issued after a formal hearing is completed. This allows both parties to present their cases. A final restraining order outlines specific guidelines based on the case’s details and the judge’s decision.
How to file for a domestic violence protective order:
There are several steps required to request a protective order for domestic violence. These are outlined below:
Create, notarize, and file a petition
First, in Louisiana, a person must complete, notarize, and file LPOR forms (the uniform abuse forms) with the appropriate court. It’s important these forms are complete and true. When these are signed, the signature is legally swearing that all information is accurate.
Obtain a temporary restraining order
Once the petition is filed, a judge looks over the information and determines if a restraining order should be issued. These are effective immediately and effective until the formal court hearing. The hearing is typically within 21 days.
The person must keep the certified temporary restraining order document with them at all times.
Attend the formal court hearing
Both parties are notified of when the formal hearing is so they can present their sides. It’s important to cooperate with the sheriff’s department during this so the papers can be served. If the abuser cannot be found to serve papers on, it may impact the court hearing timeline and date.
The formal hearing is where evidence is presented regarding the abuse. Witnesses may speak on behalf of either party. During this part of the process, it’s important to showcase all types of evidence to support the claims. This will help the judge to make an appropriate decision about the final restraining order.
Evidence may include:
- Text messages
- Videos
- Pictures
- Medical records
- Police reports
- Prior restraining orders or court cases
- Witness statements
An attorney can help clients determine what types of documentation are best for the hearing. We encourage you to speak to an experienced lawyer if you have a formal hearing scheduled for a protective order.
Secure a final restraining order
Finally, once the judge hears both sides and sees all the evidence, a final decision is made, and this is where a final restraining order may be granted. Each case is different, and the outcomes vary.
What is the duration of a protective order?
The duration of a protective order varies depending on what type it is and what the judge issues. A temporary restraining order is generally for a few weeks until a formal hearing is completed. A final restraining order’s duration is determined by the granting judge. A final restraining order can last for up to 18 months. However, it may be extended with a motion if approved by the court.
How is a protective order enforced?
According to Louisiana laws, protective orders are enforced with civil and criminal actions. Violators of protective orders may be in contempt of court. It is against the law to violate a protective order and can lead to arrest and prosecution. Each case is unique, and the enforcement varies based on the type of order and the reason it was granted.
Does a protective order have an impact on divorce?
Possibly. If a divorce and a protective order are happening at the same time, there is a chance the protective order could have an impact on the divorce proceedings. Each case is different, so there is no way of predicting the impact. If you are in this situation, we recommend you speak to a divorce or family law attorney, like those at Graham Law & Associates, to understand your legal options.
Does a protective order have an impact on custody orders?
It depends on the situation and specific case details. In some instances, a protection order can greatly impact existing or future custody arrangements. A court may include minor children in a protective order when appropriate based on the evidence and safety concerns.
How a lawyer may help clients
An attorney helps clients to complete the necessary steps to obtain a protective order. This includes creating and filing the petition and advocating for them during the hearing. Leaving an abuser is brave and the process can be terrifying for individuals. An attorney guides their clients through while offering support. Clients don’t have to face the situation alone with an experienced attorney by their side.
Schedule a consultation with Graham Law & Associates
Obtaining a protective order due to domestic violence can be a challenging time for most people. This guide outlines the requirements and process. If you are in this type of situation, we strongly advise you to consult an attorney.
At Graham Law & Associates, we understand Louisiana law regarding protective orders. We help our clients through the legal process and offer insight. Contact us today to schedule a consultation to learn more about the legal options available.