Protective orders and dating violence
The peace order enables an individual who wishes to be left alone to ask the Court for an order for the other person to stay away and refrain from any contact.A Peace Order allows any person who has been subjected to abuse, harassment, stalking, trespass, or malicious destruction of property to seek relief from the court.If you cannot go to the hearing at the scheduled time, you may call the judge’s office to ask that your case be “continued,” but the judge may deny your request.You may wish to hire a lawyer to help with your case, especially if the abuser has a lawyer.Louisiana Protective Orders and how to get a protective order. There are three types of orders: Emergency Temporary Restraining Orders: If you are in need of emergency protection outside regular court hours, the court may grant you an emergency temporary restraining order. The judge will decide whether you have an intimate or romantic dating relationship based on: * LA R. If you cannot afford a lawyer but want one to help you with your case, you can find contact information for lawyers on our LA Finding a Lawyer page. You may find it helpful to get the forms first and fill them out at home or with an advocate from a local domestic violence organization. A protective order is a civil court order intended to provide protection from physical or sexual harm caused by force or threat of harm from a family or household member. A dating partner is defined as any person you have had an intimate or romantic relationship with. However, as a minor (a person under the age of 18), you will need a parent, an adult household member or a district attorney to file for the protective order on your behalf.* * LA R. The converted policy is supposed to provide the same benefits, including deductibles, coinsurance, and copayments, as the policy from which coverage is being converted.* In order to convert the coverage to your own individual policy, you should: * LA R. Although you do not need a lawyer to file for a protective order, it may be to your advantage to seek legal counsel, especially if the abuser has a lawyer. 34(F) To start your case, you will need to fill out the necessary forms.For the protection to remain in effect, you must go to court before the close of the next business day to request a temporary restraining order and/or a protective order. Write about the most recent incidents of violence, using descriptive language (slapping, hitting, grabbing, choking, threatening, etc.) that fits your situation. See LA State and Local Programs for the location of an organization near you.Temporary Restraining Orders: When you go to court to file for a long-term protective order, you can also ask for a temporary restraining order (TRO). Note: Do not sign the application until you have shown it to a clerk.
A long-term order will last for up to 18 months, unless otherwise stated.** However, the following part of the order can last for an indefinite (unlimited) period of time – it is the part which says the abuser should not “abuse, harass, or interfere with the petitioner or his/her employment; should not go near the residence or place of employment of the petitioner, the minor children, or any person on whose behalf a the petition was filed.”*** Orders may also be extended. The judge will decide whether or not to issue the temporary restraining order and will set a court date for a full hearing for a protective order.
The clerk will also give a copy of the petition and the TRO to the sheriff’s office to serve the abuser.
Remember, your protective order is NOT valid until the abuser has been presented with it.
For a list of domestic violence organizations, see our LA State and Local Programs page.
If you are not granted a protective order, there are still some things you can do to stay safe.