How to Get a Protective Order in Louisiana
Plain-language guidance for survivors in Louisiana seeking a protective order for domestic violence.
Protective Orders in Louisiana
What a Protective Order Is
A protective order in Louisiana is a court order meant to increase safety when someone is experiencing harm, threats, or abuse from a current or former partner, family member, or household member. It is sometimes called a “restraining order” or “order of protection.”
The order can place rules on the person who has been abusive or threatening, such as not contacting you, staying away from your home or work, and sometimes temporary rules about children and shared property.
Who Can Ask for a Protective Order
In Louisiana, many types of relationships can qualify for a protective order. In general, you may be able to file if the person causing harm is one of the following:
- A current or former spouse
- A current or former dating or intimate partner, including someone you lived with in a relationship
- A family member related by blood, marriage, or adoption (for example, parent, child, sibling, in-law)
- Someone you live with or have lived with in the same household
- The other parent of your child
There are also protective orders available for certain types of stalking or sexual assault, even if you do not have a family or dating relationship. The exact options depend on the circumstances and Louisiana law at the time you file.
Where and How to File
Protective orders in Louisiana are usually requested (or “petitioned for”) in a court in the parish where you live, where the other person lives, or where the abuse happened. Common courts that handle these cases include district courts, family courts, or city courts, depending on the parish.
To start the process, you typically complete written forms called a petition. These forms ask you to describe your relationship to the other person and what has happened that makes you feel unsafe. Court clerks can usually provide the forms and explain basic filing steps, but they cannot give legal advice.
Help with the paperwork may be available from:
- Local domestic violence advocacy programs or shelters
- Legal aid organizations or pro bono (free) legal clinics
- Some parish bar associations that run lawyer referral programs
Temporary Protections and Emergency Orders
When you file your petition, you can ask the judge for an immediate or temporary protective order. This is sometimes called a “temporary restraining order” or “TRO.”
If the judge grants temporary protection, it may:
- Order the other person not to contact you
- Require them to stay away from your home, job, or school
- Give temporary possession of a shared residence to you
- Include short-term provisions about children or pets
Temporary orders are usually granted without the other person present, based only on what you submit. These orders last only for a limited time, often until the court can schedule a full hearing where both sides can appear.
Serving the Other Person
For a protective order to be fully enforceable, the person you are filing against generally must be formally notified. This is known as “service.”
In Louisiana, service is usually handled by:
- The sheriff’s office in the parish where the person lives or can be found
- Sometimes a process server, depending on local rules
The court will usually not expect you to personally hand the papers to the other person. Once they are served, they have official notice of the temporary order (if granted) and the date of the full hearing.
The Full Hearing for a Longer Order
After you file and any temporary order is issued, the court schedules a hearing. At this hearing, you and the other person can each present information, documents, or witnesses. The judge will decide whether to issue a longer-lasting protective order and what terms to include.
If you do not attend the hearing, your temporary order may expire. If the other person does not attend but was properly served, the court may still issue an order based on the information you provide. Procedures can vary somewhat by parish.
Common Protections a Louisiana Protective Order May Include
Louisiana protective orders can include a range of protections, depending on your situation and what the judge finds appropriate. Common terms can include:
- No-contact rules (no calls, texts, emails, social media messages, or third-party contact)
- Stay-away provisions from your home, workplace, school, or other important locations
- Exclusive use of a shared residence for you, at least temporarily
- Orders not to harm, threaten, harass, stalk, or follow you
- Temporary arrangements about child custody, visitation, or decision-making
- Orders about exchanging children in safe locations or through safe methods
- Temporary rules about firearms, if applicable
The exact protections the court orders will depend on the details of your case and current Louisiana law.
How Long a Protective Order Can Last
Protective orders in Louisiana can last for different lengths of time depending on the type of order, the facts of the case, and what the judge decides. In general:
- Emergency or temporary orders usually last only a short period, often until the full hearing date.
- Longer-term protective orders can last significantly longer, sometimes many months or more, and may be renewable in some situations.
Because the rules on how long orders last and how to renew or change them can be complex and may change, it is important to ask the court, an advocate, or a lawyer for information specific to your order.
Getting Support While Using the Legal System
Working with the court system can feel stressful and confusing. Many people find it easier to navigate when they have support from someone familiar with Louisiana protective order procedures.
Possible sources of support include:
- Local domestic violence programs and shelters, which often have advocates who can help with forms, safety planning around court, and referrals
- Legal aid organizations, which may offer free or low-cost legal help to people who qualify
- Private lawyers who handle family law or protective order cases
Additional support options across the United States can be found through resources listed at https://www.dv.support.
Checking Current Louisiana Procedures
Protective order laws, local court rules, and forms can change. Steps and timelines may differ between parishes. For the most accurate and up-to-date information:
- Contact the clerk’s office in the court where you plan to file
- Speak with a local domestic violence advocate or shelter program
- Consult with a Louisiana lawyer or legal aid office, if possible
They can explain current filing procedures, what types of protective orders are available, and any recent changes that might affect your case.