PROTECTIVE ORDERS
The Fourth Judicial District Attorney's Office maintains staff dedicated to assisting the public with applying for Temporary Protective Orders. These orders are available to people who fall within the class of “protected persons” for each type of order. The District Attorney's Office is available to assist with the initial filing phase of this process.
The process:
- Fill out initial petition for a temporary restraining order.
- Temporary restraining order is then presented to a judge for approval.
- After the judge grants the temporary restraining order, a hearing date is set. Please note that the temporary restraining order is only good for the time period specified on the order.
- You must attend the hearing in order to receive a preliminary order.
- You must come prepared to prove your case at the hearing.
- Both parties have the right to hire an attorney.
- Bring a hard copy of any evidence needed to prove the allegations stated in your petition. This includes but is not limited to text messages, video, or other electronically saved evidence.
- Any and all witnesses must be present at the hearing.
- Once the court feels that you have proven your case, then the court will grant a preliminary/permanent order.
- Please arrive to court by 9:00 a.m.
Again, you have a right to hire an attorney to assist you at ALL phases of this process. Please note that this is a civil process and is separate from prosecution and the entire criminal procedure.
The available orders are:
- Domestic Abuse Assistance Act which protects those who are victims of physical or sexual abuse and any offense against the person, physical or non-physical, as defined in the Criminal Code of Louisiana, except for defamation and negligent injury. Protected persons are family members and household members. Family members are spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, foster children as well as parents and grandparents being abused by adult children, adult foster children and/or adult grandchildren. A household member is any person formerly or presently living in the residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender.
- Protection from Dating Violence Act which protects those who are victims of physical or sexual abuse and any offense against the person, physical or non-physical, as defined in the Criminal Code of Louisiana, except for defamation and negligent injury. Protected persons are “dating partners.” The law defines dating partners as any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person lives or formerly lived with the offender. Dating partner shall not include a causal relationship or ordinary association between persons in a business or social context.
- Protection from Stalking Act which protects those who are the victims of stalking by a perpetrator who is a stranger or acquaintance of the victim.
- Protection for Victims of Sexual Assault protects those who are victims of any nonconsensual sexual contact (including but not limited to any act defined in R.S. 15:541 (24) or obscenity (R.S. 14:106).
If you have questions regarding a Protective Order call the Monroe Office at (318) 338-2266 or the Morehouse Office at (318) 281-4907.