How To Get A Restraining Order In Louisiana

A "Restraining Order" (also referred to as a protective order, injunction against abuse, criminal order of protection, or peace bond) refers to a court document that mandates a person to severe contact with another individual. Restraining or protective orders are usually necessary in situations where the applicant is at risk of suffering irreparable damages or harm from family members, dating partners, or random persons (La. Code of Civil Procedure article 3601). The main purpose of a restraining order is to protect the complainant and prevent or stop ongoing abuse, harassment, or threats. In Louisiana, restraining orders may be issued by civil, family, juvenile, or criminal courts and are typically maintained as Louisiana civil court records.

Types Of Restraining Orders in Louisiana

The following types of restraining or protective orders are available under Louisiana laws:

• Ex Parte Orders or Temporary Restraining Orders (TROs) are issued in response to a petition for protection, especially in an emergency.
• Civil Protective Orders (POs) are generally used to refer to all forms of orders for protection issued in cases of domestic abuse, dating violence, child abuse, stalking, or sexual assault. The applicant is usually required to have a relationship with the perpetrator to file for a protective order.
• Injunctions Against Abuse are orders of protection issued after a hearing held according to the Post-Separation Family Violence Relief Act or Code of Civil Procedure Articles, or in connection with a divorce proceeding. An injunction against abuse could be Preliminary (issued after a court hearing) or Permanent (issued after a trial on the merits).
• Criminal Orders of Protection are issued by a court to prevent abuse in relation to a criminal charge filed against the defendant (Louisiana Code of Criminal Procedure Article 313).

Are Restraining Orders Public Records In Louisiana?

It depends. Under the Louisiana Public Records Law (La. R.S.44:1 et seq), anyone may inspect court records and civil case files unless they are expunged, sealed, or exempt by law. However, since restraining orders typically reveal information about the victim's identity, current location, and other personal information, they may not be readily available for public inspection. Restraining Orders and the information they contain are usually available only to authorized law enforcement agencies and government entities.

How To Lookup Restraining Orders In Louisiana

Due to the information contained in restraining orders, it might be difficult for members of the public to access restraining orders. However, interested persons may have access to redacted records or limited information on restraining orders by reviewing court records in person or online. To look up restraining orders in Louisiana, eligible record seekers may:

• Visit the clerk of court's office in the parish where the petition was filed
• Search the online Louisiana Protective Orders Registry
• Request access from case parties or authorized government entities
• Engage the services of independent record providers.

Can You Lookup a Restraining Order Online?

Yes. The Louisiana Protective Orders Registry (LPOR) is an online statewide repository maintained by the Judicial Administrator's Office of the Louisiana Supreme Court. This registry keeps records of protective orders issued to prevent abuse from domestic abuse, violence between dating partners, child abuse, stalking, or sexual harassment (La. R.S. 46:2136.2). Nonetheless, this online portal is not available to the public and may only be accessed by courts, prosecution agencies, parole/probation agencies, enforcement agencies, and other authorized government entities.

It may also be possible to search for restraining orders online via the search portals provided by courthouses for public access to court records. However, it is important to note that the information provided may be redacted, limited, and available only to certain groups of inquirers such as case parties. Most independent record providers or aggregate sites may offer to provide users access to restraining order information. However, one should note that the information contained in those sites may be inaccurate or incomplete.

How To File A Restraining Order In Louisiana

Interested persons may file for a restraining order in Louisiana in this sequence:

• Step 1: Decide the type of restraining order & fill out the associated forms

The first step in filing a petition for a restraining order is to determine the type of order that fits the ongoing circumstances. After careful consideration, the petitioner may obtain the relevant forms from the Louisiana Supreme Court's Website or the clerk of the court's office.

• Step 2: File with a court of jurisdiction

Completed application forms may be submitted to the clerk's office in a court with jurisdiction to issue restraining orders. Petitions are usually filed in the County where the abuse or threat occurred. After filing, a petitioner may be brought before a judge to obtain either an emergency or temporary restraining order on the same day. A hearing date is also scheduled to decide the case.

• Step 3: Service of process

Copies of the filed petition are to be served to the defendant to give them ample time to prepare a response and be aware of the fixed hearing date. A neutral adult, legal professional, or peace officer may be employed to serve the process.

• Step 4: Go for the scheduled hearing

Once a hearing is fixed, the petitioner and respondent must make an appearance in court with evidence and arguments to strengthen their case. After reviewing the presented arguments, a judge may grant the petition or discard it.

Can You File A Restraining Order For No Reason In Louisiana?

No. According to La. Code of Civil Procedure Article 3601 and La. CHC Art. 1569, a person may only be issued an injunction or restraining order upon the establishment of a "good cause", especially in cases where the applicant may suffer "irreparable loss, harm, injury or damage".

What Proof Do You Need For A Restraining Order In Louisiana?

To obtain a restraining order in Louisiana, the petitioner must be ready to provide substantial evidence to back up the claims of abuse, threats, or harassment. However, the burden of proof for requesting a restraining order within a civil process is not as strong as that of criminal proceedings. The nature of evidence or proof required to grant a restraining order is dependent on the type of restraining order required.

To issue protective orders, injunctions against abuse, or criminal orders of protection a judge may request stronger evidence such as:

• Medical reports or physical injuries
• Police reports or recorded emergency calls
• Text messages, emails, or social media posts containing threats or abuse
• Photographs or videos showing injuries or damages from the abuse
• Past records of abuse or harassment from the defendant to the petitioner
• Witness testimony from family members, neighbors, or law enforcement officers.

Temporary or Ex parte restraining orders on the other hand may basically require a sworn testimony from the petitioner establishing the presence of abuse or the fear of threats.

How Long Does It Take To Get A Restraining Order In Louisiana?

The time required to obtain a restraining order in Louisiana is determined by the type of restraining order and the prevalent circumstances necessitating its issuance. Emergency or Temporary Restraining Orders may be obtained the same day the petition was filed or the next business day. Long-term protective orders may take a longer time to get and are usually issued after the hearing which may be scheduled within twenty-one days from the filing date of the petition.

How Long Does A Restraining Order Last In Louisiana?

Louisiana restraining orders have varying periods of validity:

• Emergency temporary restraining orders expire by the close of the next business day after its issuance.
• Temporary restraining orders may remain valid until a hearing is fixed(usually within 21 days after the petition is filed) unless extended by the court.
• Protective orders, injunctions against abuse, or criminal orders of protection last for as long as eighteen months. They may be extended further after a court hearing.

To renew the validity period of a Louisiana restraining order, the petitioner must submit a motion to the issuing court before the slated expiry date requesting an extension or renewal of an active protective order.

How Much Does A Restraining Order Cost in Louisiana?

Louisiana laws allow citizens to file petitions for a protective order and serve process at no cost (LA R.S. 46:2134(F)). However, if a long-term protective order is issued, the defendant is usually required to cover all court costs. Nonetheless, certain counties or courthouses may request certain fees during the filing process and may offer fee waiver options to petitioners. It may be necessary to query the clerk of the court of jurisdiction for information on payment plans before filing a petition.

Can You Cancel A Restraining Order In Louisiana?

Yes. A case party may move to modify, change, extend, or dissolve an existing restraining order protective order under La. CCP Art. 3607. However, the decision to dissolve or modify a restraining order is solely dependent on the court of jurisdiction. To modify, dissolve, or cancel a restraining order in Louisiana, interested persons may follow the outlined steps below:

• File a motion by submitting the LPOR Form P stating the reasons for the modification
• Serve the motion to the respondent within the stipulated time frame
• Make an appearance on the scheduled hearing date with evidence or proof of "good faith" to back up your claims
• Wait for the judge to make a decision and issue an order implementing the desired change.