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Louisiana Protective Orders Laws

Restraining Order Attorney in Shreveport, Bossier City, Monroe, & Ruston, LA

Temporary restraining orders and long-term protective orders are available to victims of domestic abuse in Louisiana. Those who are hurt by a family or household member, or a dating partner may be able to obtain the protection of a restraining or protective order from physical or sexual harm. These orders are civil injunctions that help to prevent further acts of violence and bar abusers from taking certain actions that may present a threat.

In Louisiana, “domestic abuse” includes but is not limited to, physical abuse, sexual abuse, stalking or cyberstalking, and elder abuse. Such violence between household members or dating partners is against the law. Victims may seek one of three types of protective orders: an emergency temporary restraining order, a temporary restraining order, and a long-term protective order.

What are Emergency Temporary Restraining Orders?

Those who need emergency protection outside of court hours may seek an emergency temporary restraining order (TRO). The judge must consider all instances of past abuse and determine whether there is an “immediate and present danger of abuse.” The judge must reflect on all past instances of threats of abuse or actual physical harm. It does not matter how long ago these actions occurred prior to seeking this type of restraining order. A person seeking such an order must return to court before the end of the next business day to request a temporary restraining order or a protective order, as an emergency TRO will only be effective until that time.

Temporary Restraining Orders

Those who are in fear for their lives due to domestic abuse can file for a temporary restraining order which the court may issue without the abuser present if there is an “immediate and present danger of abuse.” As with an emergency temporary restraining order, the judge must consider all past history of abuse, and there is no requirement that the abuse be recent, immediate, or present. The abuser will be notified of a TRO as soon as one is issued. The court usually provides a window of approximately 21 days before which a court hearing will take place where both parties may present their sides of the story. The date of this hearing is typically the expiration date of the TRO.

Long-term Protective Orders

For more permanent protection, the court may issue a long-term protective order after the protective order hearing. It is only at the conclusion of this hearing that the court can determine whether the accused abusive party presents a credible threat to the victim and therefore issue a longer injunction. It is vital for the alleged victim to attend this hearing. If not, the TRO cannot be extended. A long-term protective order can last up to 18 months and may be extended past that time depending on the circumstances.

Schedule a Consultation With a Protective Orders Attorney in Louisiana Today

At John D. & Eric G. Johnson Law Firm, LLC, we stand up for the rights of those who are accused of domestic violence crimes or violating protective orders in Louisiana. We have the resources to discover the true nature of the events leading up to your arrest and will investigate all the facts of the case to develop a strong defense. Attorney Eric Johnson is a skilled trial lawyer with over two decades of litigation experience. Call 318-377-1555 for a free and confidential legal consultation or contact us online to schedule an appointment.