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Violation of Protective Order or Restraining Order in Louisiana
Call Us | 318-377-1555
Violation of Protective Order Lawyer in Shreveport, Bossier City, Monroe, & Ruston, LA
Defense against Domestic Violence Accusations
Victims of domestic abuse in Louisiana may seek one of three protective injunctions to keep their abusers at bay. These orders aim to protect victims and families from abusive family or household members, or dating partners. They outline strict rules for actions the alleged abuser must take during the time the order is active. Violating the terms of any one of these rules may be cause for criminal charges. A strong Louisiana defense attorney may stand up for your rights if you face such charges.
What are Types of Protective Orders in Louisiana?
The most immediate protective order is an emergency temporary restraining order which is active from the date it is issued until the end of the court’s next business day. Another type of protective order is a temporary restraining order, which a person may seek to establish distance from the abuser before the protective order hearing takes place. Such an order typically expires on the date of the hearing. Lastly, a long-term protective order may only be issued at the conclusion of the protective order hearing; this order may last up to 18 months unless otherwise stated.
The Nature of a Louisiana Protective Order
A protective order may have general rules about how the alleged abuser may act around the victim and the victim’s immediate family which, if broken, can lead to an arrest and criminal penalties. Louisiana law requires alleged domestic abusers to be alerted when an injunction has been issued against them. This typically occurs by receiving a letter in the mail. Violating a protective order is the willful disobedience of a preliminary or permanent injunction, or of a temporary restraining or ex parte order after the defendant has been notified of the order.
A temporary restraining order may include orders for the alleged abuser to:
- Stop threatening, harassing, or hurting the victim
- Cease communication with the victim or the victim’s children (and give the victim temporary custody)
- Stop hurting the victim’s pet or give the victim possession of a shared pet
- Keep away from the victim’s home, job, school, or other places the victim is likely to be present
- Move out of the home if the abuser and victim live together
- Refrain from giving away, selling, or destroying mutually-owned property
- Return personal property to the victim
What are the Consequences for Violating the Terms of a Protective Order?
You may face consequences for violating the terms of a Louisiana protective order whether or not physical harm toward the victim occurred. A first conviction of violating a protective order with no battery to the protected person can result in a fine of up to $500, incarceration for up to 6 months, or both.
A second conviction of violating a protective order with no battery to the protected person can result in a fine of up to $1,000 and you will be required to spend a minimum of 48 hours in jail, but no more than 6 months. Should you receive the benefit of serving a portion of your sentence via parole or probation, you will be required to attend domestic abuse counseling. The minimum of 48 hours must be served without these benefits.
A third conviction of violating a protective order without battery can result in a fine of up to $1,000 and you must spend a minimum of 14 days in jail, but no more than 6 months. The benefit of parole or probation may not be applied toward the 14 days of required jail time.
Worse consequences are in store if you are accused of violating a protective order and battery to the protected person. If you face charges for violating a protective order, you need to seek the counsel of a determined attorney. Eric Johnson of John D. & Eric G. Johnson Law Firm, LLC, stands up for those who are accused of violating protective orders in Louisiana. He has over two decades of litigation experience and will determine the best course of action. Call 318-377-1555 for a free and confidential legal consultation or contact us online to schedule an appointment.