Lafayette Protective Orders Lawyer
Home / Lafayette Protective Orders Lawyer
Our Services
Protective Orders Attorney in Lafayette, LA
Protective orders are often filed in moments of fear. They are tools with long-lasting effects. Unfortunately, they can also be used to control others. A Lafayette protective orders lawyer can review your specific case.
We’re on Your Side
At Stockstill Defense Firm, we handle serious criminal charges. We have helped with everything from DUIs to homicides. One of our strengths is providing a calming presence for our clients. This is done by listening and explaining. Everything we do is based on our core values as a firm. We believe that everyone deserves respect from the legal system.
What Is a Protective Order?
A protective order is meant to stop one person from contacting another person. In Lafayette, these orders often come from the criminal court. Most involve claims of domestic violence or threats. Louisiana ranks 5th in the nation for the rate of females murdered by males.
Louisiana offers several types of orders. There are emergency temporary restraining orders that are used outside of business hours. A temporary restraining order can then be issued if the judge determines it’s necessary.
A protective order is more long-term. Protective orders require both people to argue their case in front of a judge. Normally, these orders last for a maximum of 18 months.
Responding to a Protective Order
Some people are confused after being served with a protective order. You’ll need to prepare your side of the story. Common forms of evidence include:
Digital records
Save all contact between you and the person who filed. Keep everything in order by date. Don’t delete anything.
Visual evidence
Visual proof can help if the claim involves damage. That includes security footage. Any visual evidence can support your version of events.
Legal records
Get copies of any records that connect to your case, like police reports. These can show any patterns that exist. They can also show a lack of proof for the other side.
Timeline of events
Write down what happened. Go in chronological order from your point of view. Keep it short and focused.
A court hearing can come up quickly for people who don’t prepare. Getting ready ahead of time can help you feel more confident.
Violating a Protective Order
Not following a protective order in Louisiana is a crime. The person accused doesn’t have to touch anyone. Just making contact can be enough.
Even a phone call can count as a violation. So can showing up at someone’s job. The law does not require the contact to be threatening. These violations increase the risk of serious harm. In Louisiana, 74% of female victims in cases like these were killed with firearms.
If someone breaks the order, the police can arrest them. A first violation can lead to jail as well as fines. More violations often bring more serious penalties. The court reviewed past records and determined how serious the contact was.
Personal Effects of a Protective Order
Protective orders can affect many parts of the accused’s life. They can affect custody cases by determining who gets to see a child. Judges can block visits for a period of time. Jobs may also be at risk. Some employers act if they find out that someone is under a court order.
In 2020, 98% of the female victims were killed by someone they knew. This influences how courts weigh family safety when considering protective orders. These orders are usually public record. That means they can show up in background checks. This can affect job screenings. The long-term effects can stay with someone long after the order ends.
Why Do I Need an Attorney?
A lawyer who handles protective orders knows what judges look for. They can help you gather the right proof for court. They can help even if you don’t know what to do next. Meeting with a lawyer early gives you a better start.
Frequently Asked Questions (FAQs)
What Is the Burden of Proof for a Protective Order in Louisiana?
The burden of proof for a protective order in Louisiana is different from that in criminal trials. The judge looks for what is called a preponderance of the evidence. That means the person asking for the order has to show that it’s more likely than not that something happened. The evidence usually includes testimony. It can also include digital records like texts.
How Do I Get a Protective Order Dropped in Louisiana?
To get a protective order dropped in Louisiana, the person who requested it can file a motion with the court. A hearing may follow. The judge will decide if the request to order is valid. It has to be made under pressure. You can also ask the court to review it if you’re the person the order was filed against. You have to show proof for this to happen.
Is a Protective Order the Same as a Restraining Order in Louisiana?
A protective order is different from a restraining order. A restraining order is meant to be temporary. A protective order is meant to be more formal. It can last longer than a restraining order. Protective orders are often used in domestic violence cases. A restraining order is normally part of a divorce case.
What Do I Do if I Am Served With a Protective Order After a False Accusation?
If you are served with a protective order after a false accusation, don’t ignore it. Follow the rules as closely as possible. Breaking the order can lead to arrest. Gather all proof that supports your side. This can include text or call records. Show up to the court hearing. It helps to have a lawyer who understands how to defend against these claims.
Were You Served With a Protective Order?
Don’t let a protective order damage your record. You have legal rights to defend yourself. Reach out for help if you’re facing a protective order. Schedule a consultation with Stockstill Defense Firm. A strong defense starts with one phone call.
Schedule a Case Evaluation!
Your First Step Toward Building a Strong Defense.