Restraining Orders

PROTECTIVE ORDERS

Protective Orders are designed to protect you and your loved ones from physical or sexual injury caused by unwanted attacks or threats. While there are numerous types of Protective Orders that are specifically designed to address specific situations (dating violence, marriage, unmarried people who cohabitate) and differing levels of abuse (injunctions, protective orders, consensual “stay-away” orders), the most common protective orders are designed to keep you and your loved ones safe by establishing temporary custody and prohibiting your abuser from:

  • Threatening or harming you or your loved ones;
  • Interfering with your children;
  • Coming within a specified distance from your home, employment or school;
  • Destroying, giving or selling certain property;
  • Remaining in a residence he/she does not own;
  • Threatening or abusing a pet;
  • Refusing to return property.

Temporary Restraining Orders: When you file for a Protective Order, you can also request a Temporary Restraining Order (TRO). If the court grants you a Temporary Restraining Order, the judge will immediately sign a Uniform Abuse Prevention Order and forward it to the clerk of court for filing. Then, the clerk of the issuing court will transmit this Uniform Abuse Prevention Order to the Louisiana Protective Order Registry.

Once the TRO is issued, the abuser is notified that an order has been issued against him or her. The court will set a hearing date wherein both parties can present testimony and evidence.

Long-term Protective Orders: After the hearing, the court will decide whether to enter a long-term Protective Order that can last up to eighteen months. In awarding a long-term Protective Order, the Court may continue the terms of the TRO and may also:

  • Establish temporary custody, visitation and support
  • Award temporary support
  • Order counseling and/or medical evaluations for the abuser
  • Cast court costs, and fees against the abuser

Laura Davenport has much experience in obtaining and defending against the issuance of protective orders. She can explain the intricacies of the various forms of protective Orders and can best advise you as to what steps to take in pursuing or defending against the issuance of a Protective Order.