Many people move to Louisiana to start a family, especially in suburban areas like Prairieville and Broussard. While this is a positive experience for many, some people become victims of domestic violence. To learn how to get a domestic violence restraining order in Louisiana, consult a domestic violence attorney.
Experienced Domestic Violence Attorneys in Louisiana
Stockstill Defense Firm works with all kinds of individuals located in Lafayette Parish, St. Martin Parish, St. Landry Parish, and the surrounding areas. Our experience in Louisiana gives us the unique ability to support our clients, especially those who are victims of domestic violence.
The Protective Order Process
There is a structured process for filing a restraining or protective order in Louisiana. It slightly varies based on the parish, but the overall process goes like this:
Creating your petition
Before anything else, a petition must be filed to begin the process. There is a specific form available at the Louisiana Supreme Court’s website. This form includes details about your familial situation, any existing court cases involving you or your partner, and any evidence you have of the abuse.
Filing the petition
Every petition needs to be notarized to verify the identity of the person who filled it out. The petition is officially filed at your local parish Clerk of Court. This is normally where you or your spouse lives, but it can also be where the acts of violence took place.
Judge review
Once the petition is officially filed, a judge reviews the case. If you requested a temporary restraining order and the judge feels it is appropriate, they will issue one. This is meant to only cover the time between the petition’s filing and the hearing.
Court hearing
The court hearing is usually done within a few weeks of filing the petition. At this hearing, each party has a turn to give their perspective on the situation. This is why gathering evidence to show at the hearing is important.
Order is finalized
If the judge deems it necessary, they will grant an official restraining order. This lasts for longer than a temporary order, but it is not indefinite. It will need to be extended in the future if the situation is not resolved at the end of the restraining order’s term.
70% of homicides against women by their intimate partner were committed with firearms in 2017. Restraining orders are important for protecting people who are most at risk of domestic violence.
Why Hire a Domestic Violence Restraining Order Lawyer?
If there is a parenting arrangement with the other parent, that arrangement might be temporarily changed to accommodate the restraining order. If the perpetrator involved in the restraining order also has visitation rights, it is possible that those visits will be supervised in the future.
If you and the abuser are living together, there are other elements to think about. Sometimes, the abuser is required to leave the property for the victim’s safety. The exact results of a restraining order and living arrangements differ based on your situation.
Sometimes, the abuser already has criminal charges. In these cases, it is still possible for a restraining order to be placed against them. If the abuser violates a restraining order, they would face additional criminal penalties, which could make their sentence worse.
A victim might believe it necessary to leave the state due to safety, personal, or financial reasons. A Louisiana restraining order does not automatically transfer states, but it can often be transferred if there is preparation in advance.
Speak with a domestic violence restraining order attorney if you are moving with children, as there are additional requirements to protect them. You must notify the court if you relocate the children from their primary address, especially if they are moving out of state.
Why Choose Us for Restraining Order Cases?
Stockstill Defense Firm’s success record shows over 1,000 cases we’ve won for our clients. We work in a variety of fields within criminal defense, but our main goal is to help people who are being treated unfairly. Our experience is put to good use on behalf of our clients.
FAQs
What Proof Do You Need for a Restraining Order in Louisiana?
The proof you need for a restraining order in Louisiana includes details of abuse. It’s important to include enough details about the situation that the perpetrator can know what situation you are referring to. Any additional evidence of the event, like documentation of injuries, digital communication of threats, or medical records, can prove vital.
How Much Is It to File a Restraining Order in Lafayette?
The cost of filing a restraining order in Lafayette varies, depending on the court. If you cannot afford the filing fees for your local parish court, you can fill out an In Forma Pauperis Affidavit. This document lays out your financial obligations, and it might allow the court costs to be delayed until the case is resolved.
What Order Can You Get to Keep Someone Away From You?
The order you can get to keep someone away from you is called a restraining order. When you initially file a petition for a restraining order, you can request a temporary restraining order when you first file. However, this is usually only valid until the court hearing for the final restraining order is scheduled. An attorney can navigate the Louisiana restraining order laws and help you apply for this crucial protection.
How Fast Can a Restraining Order Be Granted?
A restraining order can be granted as soon as a Petition for Protection From Domestic Abuse is filed with the local Clerk of Court. However, any restraining order granted through this form is only temporary until the court hearing for the final restraining order. It usually takes a few weeks between the initial petition and the hearing.
Protect Yourself
There were 3,363 protective order records added in 2019 alone. That highlights the need for these valuable legal tools. If you need assistance with filing for a protective order or representation at the hearing, schedule a consultation with Stockstill Defense Firm.