Protective Order FAQ
Should you or your family file a protection order?
Are you a survivor of recent sexual or physical assault?
Are you in an abusive relationship or household?
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?
Temporary restraining orders
In effect for a limited amount of time
Usually granted before a protection order
Protection orders
Can last for a year or more
Preliminary injunctions
Granted before or during trial
Permanent injunctions
Perpetual order of protection granted as a result of trial
Court approved consent agreements
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:
Witness testimony
Text messages
Voicemail recording
Any social media content or messages
Photos or videos
Medical documentation
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?
Support and services for survivors
When agencies and organizations work together to improve the community response to domestic violence, it is called a coordinated community response.
Addressing unacceptable behavior
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.
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 42:343, RS 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.