Protective Order FAQ

Should you or your family file a protection order?

  1. Are you a survivor of recent sexual or physical assault?

  2. Are you in an abusive relationship or household?

  3. Are you being harassed or stalked?

If the answer to any of those questions is yes, then yes you should file a protection order.


What types of court orders are there for civil protection?

  1. Temporary restraining orders

    1. In effect for a limited amount of time

    2. Usually granted before a protection order

  2. Protection orders

    1. Can last for a year or more

  3. Preliminary injunctions

    1. Granted before or during trial

  4. Permanent injunctions

    1. Perpetual order of protection granted as a result of trial

  5. Court approved consent agreements

    1. Mutual civil injunction


Protective Order Quick Facts:

  • Temporary Restraining Orders are ex parte, which means only one party has to be present to file.

  • If a Protective Order is violated, the defendant is considered in contempt of court, and it is a criminal offense.

  • When a Protective Order is placed, you cannot violate your own order. This is considered enticement.

  • Filing a Temporary Restraining order is free to encourage safety, same for response and pleadings.


Why hire an attorney to file a protective order?

You do not need an attorney to file for a protection order; however, it may be in your best interest to have representation for when your case goes to court.

  • If the person you are getting a protective order on were the type to take responsibility for their actions, you probably wouldn't need to get a court order against them. Are you prepared for them to dismiss your experience as a false accusation? 

  • In the court process, it is very important to keep calm. Having someone speak out on your behalf can make sure that your case is presented in the best way possible for them not to be able to use anything against you. 

  • An attorney will also make sure that you have all the information to make decisions for your safety and wellbeing. A lawyer experienced with cases like yours can recommend legal procedure to follow and best practices. 

  • Your attorney can have the defendant (person you filed against) pay attorney fees when you get a protective order.


What does a Protective Order do for the person filing?

  • Order the defendant to stay away from any location specifically named by the court.

  • Require the person filed against to refrain from contacting or otherwise interfering with the person filing or any person named by the court.

  • Force compliance with any other restriction the court deems necessary to protect the victim and any other person named in the order.

What could happen when you file a protective order against someone?

  • A protective order could mean being listed on the Louisiana Protective Order Registry

  • They may lose the right to a gun or conceal carry

  • They might lose custody rights or have to have supervised visits

  • They could even be evicted from their home

  • They may have to pay for court costs, fees, anger management, and therapy


What is the Louisiana Protective Order Registry?

The registry was established in 1997 (La. R.S. 46:2136.2), for the purpose of enhancing court-ordered protections for victims and their minor children, and to aid law enforcement, prosecutors and the courts in handling cases involving intimate partner violence.


Consequences for violating a protective order:

Once a protective order is granted, a number of actions could be taken if it is violated:

  • The defendant could be held in contempt of court

  • The judge may sentence up to 6 months of imprisonment

  • There could be a fine up to $1,000

  • Any supervised custody visits may be revoked

  • There would be causes to strengthen any order that is in place

Can you be accused of something without proof?

  • If there is not enough proof to warrant a court order, the court findings will be that the case is unsubstantiated or unfounded.

  • It is possible for anything that could be taken out of context, or doctored to fit a narrative, to be used as evidence against you.


What to do if someone makes false accusations:

  • DO NOT CONTACT THE PERSON WHO FILED AGAINST YOU IN ANY FORM

  • Call an attorney to defend you

  • Put together evidence

  • Do not destroy any form of evidence that could be used against you, instead submit this to your attorney as well

  • DO NOT MISS YOUR COURT DATE and FOLLOW THE COURT ORDER!

What proof do you need for a restraining order?

The person filing the protection order generally files evidence including, but not limited to:

  1. Witness testimony

  2. Text messages

  3. Voicemail recording

  4. Any social media content or messages

  5. Photos or videos

  6. Medical documentation

  7. Legal documentation


Grounds for a restraining order:

Restraining orders are intended to protect people against a variety of forms of abuse, such as:

  • A person who needs protection because they have been the victim of a crime involving stalking or harassment or sexual assault.

  • A parent or guardian of a child who has been the victim of a crime categorized as harmful to minors.

  • An employer or business that believes the crime of harassment in the workplace has occurred.

What works best to end domestic violence?

  1. Support and services for survivors

    1. When agencies and organizations work together to improve the community response to domestic violence, it is called a coordinated community response.

  2. Addressing unacceptable behavior

    1. The goal of these efforts is to reduce the number of serious domestic violence injuries and deaths.

At the core of a coordinated response is the shared belief that:

  • Domestic violence should be taken seriously

  • People should be protected from further harm

  • Creating meaningful consequences for abusers holds them accountable

Protection Order Flow Chart:

Taken from Civil Law Self Help Center.

Protection Order Flow Chart

Glossary:

Book a free consultation to learn more information at (504) 226-2292.

Term: Louisiana Protective Order Registry

LA Code of Civil Procedure: CCP 3607.1 

LA Code of Criminal Procedure: CCRP 871.1

LA Revised Statutes: RS 46:2136.2, RS 46:2136

LA Children’s Code: CHC 1570

Definition: Statewide registry of abuse prevention related court orders

Example: If someone has a protective order against them, they will be added to the registry. 

Term: Stalking

LA Code of Criminal Procedure: CCP 3603.1

LA Revised Statutes: RS 14:40.2, RS 14:40.3, RS 46:2173, RS 46:2174

Definition: Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress.

Example: It is not uncommon for celebrities to need protective orders against stalkers.

Term: Harassment

LA Revised Statutes: RS 9:372.1, RS 14:285, RS 14:38.4, RS 14:40.2, RS 32:201, RS 42:342, RS 42:343RS 42:351 

Definition: The repeated pattern of verbal communications or nonverbal behavior without invitation which includes but is not limited to phone calls, email, messages through someone else, or sending letters and pictures.

Example: Workplace harassment, such as unwanted sexual advances, is common from both coworkers and customers. 

Term: Sexual Assault

LA Civil Code: CC 3496.2

LA Code of Criminal Procedure: CCP 3603.1

LA Revised Statutes: RS 9:362, RS 29:220, RS 40:1216.1, RS 46:1842, RS 46:1845, RS 46:2183, RS 46:2184

Definition: Any form of sexual contact without consent. 

Example: Sexual assault can be as superficial as grabbing someone’s butt to more invasive such as in the case of rape. 

Term: Injunction

LA Code of Criminal Procedure: CCP 3601

LA Revised Statutes: RS 9:362, RS 9:366, RS 9:372, RS 13:4713

Definition: A court order to stop an action from occurring. 

Example: The court issued an injunction to prevent an abuser from accessing mutual property. 

Term: Petition

LA Revised Statutes: RS 13:1856

LA Children’s Code: CHC 1568

Definition: A formal request to court asking for a ruling. 

Example: Attorneys can file a petition on behalf of a survivor to request a protective order. 

Term: Evidence

LA Code of Criminal Procedure: CCP 1462, CCP 1473 

LA Revised Statutes: RS 13:1821, RS 15:440.6, RS 49:998

LA Code of Evidence: CE 505

LA Children’s Code: CHC 544, CHC 612, CHC 615

Definition: Proof that what is said is true.

Example: It is important to bring a record of any material you have related to your case when you book a free consultation with The Law Office of Christopher Szeto.

**Disclaimer: This content is not legal advice and does not create an attorney client relationship.

If you are seeking assistance from a lawyer in New Orleans, please book a free consultation at (504) 226-2292.